“Personal injury” is the term used when someone’s negligence caused someone else’s injuries. Personal injury law allows accident victims to claim compensation for their injuries (also known as “damages”) and other misfortunes. If you’ve been injured because of someone else’s negligence, you are entitled to compensation to cover medical bills, property repair costs, lost wages due to injuries forcing you to miss work, pain and suffering, and much more!

Do you believe you have a personal injury case, but need a little clarification on how to get started? Keep reading for a simple, step-by-step guide to filing a personal injury lawsuit in Pittsburgh, Pennsylvania and getting the compensation you deserve!

Step 1: Don’t Procrastinate

Every state has a “statute of limitations” that restricts the amount of time you have to file your personal injury case after being injured. The statute of limitations for personal injury in Pennsylvania is two years, according to AllLaw. After that window, you may lose your right to receive compensation.

Step 2: Determine if an Insurance Policy Covers the Incident 

This is important because it can determine whether or not you’d actually be able to collect any damages a jury awards you after a personal injury trial. Having a judgment in your favor is one thing, but being able to collect on that judgment is another story. If the defendant has inadequate insurance coverage and very little in the way of assets, you might be left with no compensation to claim. Consider the extent of your injuries and whether your own insurance coverage might provide an acceptable solution. If you weren’t seriously hurt, or fault for the accident isn’t clear-cut and you have health insurance coverage, AllLaw recommends thinking twice before filing a lawsuit against someone who has no insurance. On the other hand, if your injuries are significant and there was clear negligence from another party that caused your accident, you’ll probably want to proceed whether or not the at-fault party is covered by an insurance policy.

Step 3: Hire a Personal Injury Attorney

If you have any significant injuries, AllLaw recommends discussing your case with a personal injury attorney. If you’re not sure if you have a case, contact our legal team for a free case evaluation.

Step 4: To File Or Not To File?

The majority of personal injury cases reach a settlement before trial, and many are resolved before a civil lawsuit is even filed.

In some situations, it’s worth considering the ways that you can recover compensation without filing a lawsuit. Where insurance coverage is in place, you can file a “third-party claim” against the at-fault person’s insurance carrier. You’d start by getting the name of the other person’s insurance carrier and their policy number. Then, you’d send the company a notice of claim that includes the insured person’s information, your information, the date of the accident, and a notification letter in which you declare that you were injured and intend to pursue a claim.

Step 5: Complete the Summons and Complaint 

The complaint is a formal legal document that identifies the legal and factual basis for your personal injury lawsuit.

The beginning of the complaint will identify you (the plaintiff), the defendant, and the court you’re filing your lawsuit in.

The next section will consist of numbered sentences or paragraphs that explain the court’s jurisdiction to hear the case, identify negligence behind your allegations, state the related facts, and explain what damages you’re demanding from the defendant.

Many jurisdictions will require you to file a summons, a document that identifies the parties to the litigation and explains to the defendant that they are being sued. The summons also usually contains a signature of the court’s representative and the seal of the court.

After you file the complaint and summons with the court, you need to serve a copy of each on the defendant. This is absolutely critical because otherwise, the court will not have jurisdiction over the defendant and can’t impose any judgment.

Step 6: Wait for the Defendant’s Response

The defendant can either file an “answer” to your complaint, in which the defendant admits or denies each of your numbered allegations or the defendant can state that they neither admit nor deny the allegations.

Alternatively, the defendant can file a motion to dismiss. If the court grants this motion, it can mean dismissal of either your entire claim

Injured in Pittsburgh? You have peace of mind and the compensation you deserve at your fingertips. Set up a free case evaluation by calling (412) 918-1241 or sending us a message online.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241

If you’ve been the victim of an accident, you’re likely feeling the stress of physical injuries, emotional trauma, medical expenses, and even lost income because you can’t go to work. But did you know that lost wages are one of the many types of compensation you can claim as a victim of a personal injury accident? Keep reading to understand how!

Claiming Past and Future Lost Earnings 

There are two types of lost wages you can claim in your personal injury case:

1. Past Lost Income – income lost because of your injuries up until the point of your case being finalized
2. Future Lost Earnings – income that you may lose in the future as a result of your injuries.

According to HG.org, past lost income is relatively easy to prove. You will typically need your employer to confirm your absences from work due to the accident and the earnings that you would have received if you had been able to come to work.

HG.org goes on to say that future lost earnings are the most complicated to claim because your future ability to earn wages is usually quite ambiguous. Most personal injury accident victims will experience some form of recovery over time and will be able to return to work either full-time or part-time. But in many cases, victims experience a “loss of earning capacity.” Because this aspect of the law is very nuanced, assistance from an experienced personal injury lawyer is essential.

Reasons You Might Not Be Able to Earn Income After An Accident

Many possible scenarios could entitle you to a compensation claim for lost wages.

• You might not be able to work at all (or in the same capacity) for a time during your recovery. While you might eventually be able to return to your previous job, you can still claim the wages lost during your recovery time.
• Your physical injuries might not prevent you from going to work, but your emotional injuries do. It’s quite common for accidents to leave victims with psychological damage or PTSD. Emotional damage can prevent you from performing your normal work tasks, which is also ground for claiming lost wages.
• Your injuries might impact your future so that you can’t go back to your previous job, but you can perform some kind of work. You might be able to claim lost wages if the only work you can perform after the accident doesn’t pay as much as your previous job.

Have you been in an accident that has caused or will cause you to lose income in Pittsburgh, PA? Let’s get the justice you’re legally entitled to. At Scanlon & Wajton, we can help you calculate your lost income and successfully claim what’s yours! Get started by contacting an experienced personal injury lawyer today!

Contact our Pittsburgh office at (412) 918-1241 or online.

Scanlon & Wojton, Attorneys at Law

The Mitchell Building

304 Ross Street, Suite 510

Pittsburgh, PA, 15219

Phone: (412) 918-1241