Timeline to Resolve a Personal Injury Case Involving Lost Wages in Pennsylvania
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about the specifics of your case.
Detailed Answer
In Pennsylvania, a personal injury lawsuit—including claims for lost wages—typically resolves in stages. The total time varies by case complexity, insurance cooperation and court schedules. Below is a general timeline:
1. Pre-Suit Investigation and Demand (3–6 Months)
- Meet with an attorney and gather medical records, pay stubs and accident reports.
- Calculate your lost-wage claim, including past and future earnings.
- Send a demand letter to the insurer. Negotiations often begin here.
2. Filing the Lawsuit (2–4 Weeks After Failure to Settle)
- If negotiations stall, your attorney files a complaint in the Court of Common Pleas.
- Pennsylvania’s general two-year statute of limitations applies to personal injury claims: see 42 Pa.C.S. § 5524 (link).
3. Discovery Phase (6–12 Months)
- Both sides exchange documents, take depositions and inspect evidence.
- Your attorney may retain economists or vocational experts to value future lost wages.
4. Mediation and Settlement Conferences (1–3 Months)
- Court-ordered or voluntary mediation can narrow issues and lead to settlement.
- Many cases resolve here, avoiding trial delays.
5. Trial Preparation and Hearing (6–18 Months)
- If mediation fails, prepare motions, jury instructions and trial exhibits.
- Court calendars vary; your trial date may fall 6–12 months after mediation ends.
6. Verdict and Appeal (6–24 Months, If Needed)
- After a verdict, either side can file post-trial motions or appeal. Appeals in appellate court add considerable time.
Overall Average: 9 months to 2+ years, depending on insurance cooperation, medical recovery and court backlog.
Helpful Hints
- Document every lost-wage claim: keep pay stubs, tax returns and employer letters.
- Attend all medical appointments. Gaps in treatment can weaken your case.
- Communicate promptly with your attorney and insurance adjuster.
- Consider mediation early to reduce costs and delays.
- Ask about expert witnesses who can value long-term wage losses.
- Be aware of the two-year statute of limitations under 42 Pa.C.S. § 5524; missing it usually bars recovery.