Personal Injury Claims in Indiana

Many Hoosiers are unfamiliar with the legal system. They have never been to court much less considered filing a lawsuit. Now, having been injured by the negligence or wrongdoing of someone else, they have questions about their rights. This guide offers an overview of the personal-injury process.

1. Seek Medical Treatment

   If you or your loved one has been injured the first--and hopefully most straightforward--step is to seek medical assistance. You should carefully follow any medical advice given by your medical provider. If you fail to see a doctor, or fail to follow the medical advice you are given, the insurance company will likely say that you were really not injured or that your injury really wasn't that bad. So be sure to seek medical advice and treatment.

2. Identify Potential Attorneys

   Take your time to search for and make a list of personal injury attorneys who you think may be a good fit for you and your case. Consider asking friends and family for a referral. You should consider where the injury occurred and whether a local attorney will be able to provide the best possible service. Once you have identified a list of potential attorneys, feel free to call their office and discuss your case with the attorney over the telephone.

3. Consult with a Personal Injury Attorney

   Most personal injury attorneys will be wiling to meet with you for no charge during an initial consultation. During your meeting be prepared to explain how you or your loved one was injured. The attorney will then be able to give you an opinion as to whether or not you have a valid claim. You should bring with you all documentation related to your case, including any notes, pictures, medical records, or police reports.

4. Hiring the Personal Injury Attorney

   Once you have taken the time to meet with an attorney, you need to decide who you want to represent you or your loved one. Hopefully during your consultation meeting you got a sense for how the attorney communicates and whether he or she is a good fit for your case. During your meeting the attorney will likely ask you many questions about your case to get a better understanding of what happened and the likelihood of success. You should be wary about any attorney who makes guarantees. Although an attorney may give you a general opinion about the strength of your case, a good personal injury attorney will want to take the time to thoroughly investigate your case.

5. How Personal Injury Attorneys are Compensated

   Most personal injury attorneys are paid on a "contingency fee" basis. What does "contingency fee" mean? It means you pay for results. The lawyer will enter into a written agreement that protects both you and the lawyer. The lawyer agrees to advance the costs up front and work without billing you. In exchange, you agree to give the lawyer a percentage of the total recovery. In other words, the lawyer doesn't get paid unless you do.

6. The Investigation

   A thorough investigation is vital to the success of a personal injury claim. Your attorney must understand what happened, the scope of the injuries, and the costs that you or your loved one have incurred. A good personal injury attorney will keep you updated with significant developments in negotiations. Meanwhile you should focus on healing and trying to get back to your normal life. And you should keep you attorney updated on your treatment and recovery.

7. Negotiating a Settlement

   Often your attorney will contact the insurance company--either through an adjuster or attorney retained by the company--in an effort to settle your case before filing a lawsuit. As part of negotiations your attorney may be presented with a settlement offer from the insurance company. Your attorney will discuss the settlement offer with you and provide an opinion as to whether you should accept it. Ultimately, however, you have the final say on whether to accept or reject a settlement offer.

8. Filing a Lawsuit

   Perhaps you and the insurance company have been unable to agree upon a value for your case. Or maybe the insurance company has not responded to your attorney. Whatever the circumstances, you and your attorney may reach the point where you must file lawsuit. It is important to remember that just because you file a lawsuit does not mean your case will not settle. Many cases settle even after a lawsuit is filed. The process of resolving a lawsuit can, however, take months or longer to complete.

9. Mediation

   Mediation is a process where a neutral third-party acts like referee between the two sides. Courts have their own rules and procedures for mediation. Some courts require your case to go to mediation before proceeding to trial. Although the court can require the parties to attend mediation, it cannot force you to settle your case. If the sides do not reach an agreement at mediation the next step is often to go to trial.

10. Trial

    A personal injury trial typically has two parts: (1) determining whether the defendant is legally responsible for your or your loved one's injuries; and (2) determining how much the defendant must pay for the damages. The trial may be to a jury or to a judge.

11. The Appellate Process

    Trial may not be the end of your case. In Indiana the party losing at trial has the right to appeal the decision to an appellate court. If you lose at trial your lawyer will evaluate whether you have any grounds to seek an appeal. The appellate process can take several additional months to resolve.

12. Resolving Your Case

    If you win at trial or on appeal, you may not receive your monetary aware immediately. The attorney fees and any expenses incurred will be paid first. It is also important to remember that there may be others who have a lien or a legal claim to the money that you receive. Lien holders must be paid next. Then you will be paid and your personal injury lawsuit will be over.