What Does it Take to File a Successful Personal Injury Claim?

Filing a successful personal injury claim requires clear evidence of liability. It also requires clear evidence of the financial and non-financial losses you can recover. Several other legal requirements apply, which is why it’s important to have an experienced Stroudsburg personal injury lawyer on your side.

Filing a personal injury claim lets you seek full compensation for the consequences of someone else’s mistake. Pennsylvania law entitles accident victims to just compensation for their financial and non-financial losses, and personal injury settlements can be substantial in many cases.

So, what does it take to file a successful personal injury claim?

While accident victims have clear legal rights in Pennsylvania, asserting them is not easy. Filing a successful personal injury claim requires several types of evidence, and accident victims must convince insurance companies to settle (or convince a judge or jury to rule in their favor). Deadlines and other requirements also apply.

These are all important reasons to hire a Stroudsburg personal injury lawyer as early in the process as possible.

How Can You File a Successful Personal Injury Claim After an Accident in Pennsylvania?

Two key aspects matter when filing a successful personal injury claim after an accident in Pennsylvania. First, you must prove who (or what company) is responsible. If you can establish accountability, then the next step is to prove how much you are entitled to recover.

With this in mind, filing a successful personal injury claim involves several steps. To prove your right to just compensation, it will be necessary to:

• Conduct an On-Scene Investigation – An on-scene investigation is a key first step in determining who (or what company) is responsible for your injuries.
• Gather Evidence of Fault Through Other Means – In addition to an on-scene investigation, you may need to gather additional evidence of fault through other means.
• Document Your Medical Bills and Other Out–of-Pocket Costs (Present and Future) – If you have a personal injury claim, you are entitled to just compensation for all of the financial costs you incur as a result of the accident.
• Document Your Lost Earnings (Present and Future) – Along with just compensation for your out-of-pocket costs, you are also entitled to just compensation for your loss of income and benefits.
• Calculate “Just” Compensation for Your Pain, Suffering and Other Non–Financial Losses – Accident victims can also seek just compensation for their non-financial losses, and determining what constitutes “just” compensation for your pain, suffering, and other non-financial losses will require a careful assessment of your individual circumstances.

Keep in mind, this is just the start of the process. Once you have the evidence you need, you must use it to convince the at-fault party’s insurance company to settle. If the at-fault party’s insurance company won’t settle for fair compensation, you will need to fight for a fair verdict at trial.

What Evidence Do You Need to File a Successful Personal Injury Claim?

When considering the two key aspects of filing a successful personal injury claim, the evidence needed falls into two broad categories. To seek the financial compensation you deserve, you will need: (i) evidence of liability, and (ii) evidence of damages.

Evidence of liability proves who (or what company) should be held accountable. Some common examples include:

• Forensic evidence
• Cell phone photos and videos
• Traffic and surveillance camera footage
• Eyewitness testimony
• Expert reports and accident reconstruction

Evidence of damages helps prove how much you deserve to recover. Some common examples include:

• Medical records
• Medical bills and receipts
• Employment records
• A daily log or “pain journal”
• Expert reports and testimony

The circumstances of your case will dictate what evidence is available. Once you hire an experienced personal injury lawyer, your lawyer can gather the evidence needed to seek just compensation on your behalf.

FAQs: Filing a Personal Injury Claim in Stroudsburg, PA

When can you file a personal injury claim in Pennsylvania?

You can file a personal injury claim after a car accident, a product-related accident, a premises-related accident, or any accident in which someone else (or a company) may be at fault. If you’ve been injured in an accident in Pennsylvania, consult an experienced personal injury lawyer promptly.

How do you file a personal injury claim in Pennsylvania?

Filing a personal injury claim usually involves dealing with the at-fault party’s insurance company. That said, you must take several steps before you can file an insurance claim; once you do, be prepared to fight for the compensation you deserve.

Should I hire a personal injury lawyer if I was injured in an accident in Stroudsburg?

Yes, if you were injured in an accident in Stroudsburg, we strongly recommend hiring a personal injury lawyer to assess your legal rights. Contact a local law firm to schedule a free consultation right away.

How Our Law Firm Can Help

At Drake, Hileman & Davis, PC, our personal injury lawyers rely on extensive experience to help accident victims in Stroudsburg seek just compensation for their losses. If you have a personal injury claim, we can fight for just compensation on your behalf. To give yourself the best chance of recovering the compensation you deserve, start the process promptly—and we can arrange for you to speak with one of our experienced lawyers as soon as possible.

Schedule a Free Consultation with a Stroudsburg Personal Injury Lawyer Today

Were you injured in an accident? If so, contact us today. Call us at 888-777-7098 or tell us how we can reach you online to schedule a free consultation with an experienced Stroudsburg personal injury lawyer.