How Does a Personal Injury Case Normally Progress?

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Philadelphia accident lawyer Joel J. Kofsky speaks on the case proceedings

Philadelphia Lawyer Joel J. Kofsky

Joel J. Kofsky

One is a fear that taking legal action will be expensive and take an inordinate amount of time.

There are two common misconceptions accident victims have about lawsuits, according to accident and personal injury lawyer Joel J. Kofsky. One is a fear that taking legal action will be expensive and take an inordinate amount of time. Basically, they are convinced that it isn’t worth the hassle. The other comes from watching too many courtroom dramas where cases are quickly resolved with little effort. The truth in how a case plays out lies somewhere in between.

1. Legal Consultation
The first thing you should do, if you have been injured due to the negligence or intentional act of another, is consult a lawyer. Many offer free consultations. Everything is kept confidential by attorney client privilege.

What happens in a consultation is simple. First a discussion about the specifics about your case, and determine if there is a solid basis for a legal claim. Once it is understood what is going on, we can determine how likely it is for the claim to be successful.

If a lawyer decides to take your case, there will be no out of pocket expenses for you to pay. Fees are generally paid by any settlement you receive. Many lawyers don’t get paid, if there is isn’t a verdict or settlement that goes in your favor.

2. Investigative Process
Gathering all the relevant information possible is absolutely critical in a personal injury case. One single piece of evidence can be the difference between a win or a loss. Every case is unique, but the common information gathered are police reports, medical records, witness statements, and photos and/or videos of the accident scene. Once the facts are gathered, the client can be advised best on how to proceed. This information is shared with various experts so it can be better determined who or what led to your accident, and how much they were at fault and responsible for your injuries. The opinions of these experts, based on the evidence gathered, play in integral part in the case.

3. Laying the Groundwork
Now efforts are shifted from fact finding to organizing and presenting what we discovered in a way that will allow the most leverage in the upcoming legal proceedings. Knowing the strength and weaknesses of the case, a lawyer can go forward based on those.

Any attorney or legal assistant assigned to the case works for you, the client. You should feel free to contact them whenever you have a questions or concerns about the case.

One question many clients have, as the trial date draws near, is how much money might they get from a successful claim. The answer involves several factors such as the extent of the injury, whether or not the injuries are long term or permanent, and what impact those injuries have had on the victim’s life and ability to work. The law factors in all these aspects of a case, before any judgment is awarded.

4. Litigation
The majority of cases are settled before they ever go to trial. Our firm has dealt with the insurance companies in the Philadelphia area, along with their attorneys, and understand how they work. They know that we seek a fair settlement, but will are also ready to fight for our clients. We use all the evidence we gathered to negotiate the best possible settlement.

Some insurance companies refuse to settle or are unwilling to do so in a way that is fair to a client. Many insurance companies try to intimidate accident victims into taking this lesser settlement. We will not be intimidated, and we won’t let the insurance companies intimidate you. Having the experience and resources to protect and defend your legal right to fair compensation for your injuries.

We encourage anyone living in the Pennsylvania area to seek a qualified personal injury or accident lawyer, if they have been wrongly injured. Call Joel J. Kofsky on 215 735 4800 for a consultation, at no obligation, to determine if your case is strong enough to go forward. The road ahead for those who have been injured isn’t an easy one, but we can make sure that you get the justice you deserve.

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Joel Kofsky

Joel J. Kofsky
The Law Offices of Joel J. Kofsky
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