The Personal Injury Process in Indiana

While personal injury cases are all unique, depending on the type of accident, the extent of a victim’s injuries, and how the at-fault party responds to the victim’s request for damages, they typically follow a similar path.

• 1.) An Accident Occurs

A personal injury case starts with an accident. It may be a motor vehicle accident, a slip and fall, a dog bite, or anything in between.

• 2.) The Victim Reports the Accident and Receives Medical Care

After the accident, and well before lawyers ever get involved in a case, the next step is for the victim to report the accident, usually by calling 911. Reporting an accident is of critical importance because it creates a record of the incident, making it harder for anyone to deny that an accident occurred in the future. After a victim reports an accident, emergency medical responders may be sent out to the scene. While most accident victims tend to try and avoid an ambulance ride, taking responders up on their offer can actually help a victim’s case because it illustrates the seriousness of the accident. However, accident victims who did not go to the hospital immediately after the incident should get checked out by a doctor as soon as possible. Again, this is both to ensure that they receive an accurate diagnosis of any injuries and also to create a verifiable record of their injuries.

• 3.) The Victim Meets with a Lawyer to Discuss Their Case

Once an accident victim is on the road to recovery, they will often consult with an experienced Indiana personal injury attorney for guidance on how to proceed with their case. Most personal injury lawyers offer free consultations to all accident victims, during which they will explain the process in greater detail, provide the victim with an honest assessment of their claim, and discuss what they can do to help connect them with compensation for their injuries.

• 4.) The Lawyer Begins the Negotiation Process

The vast majority of all Indiana personal injury cases—upwards of 90 percent—are resolved through the negotiation process. Thus, this is a critical stage in any personal injury case. Negotiations can begin in a number of ways but usually start with what’s called a demand letter. A demand letter is a document drafted by an attorney outlining what happened to the victim, why the other party was at fault, and what the victim is demanding in terms of compensation.

Demand letters—and most negotiations—occur between a personal injury lawyer and the at-fault party’s insurance company. This is because, while the at-fault party was the one who caused the accident, their insurance company is the one who is ultimately responsible for paying out any damages awarded to the victim. The involvement of an insurance company is good in some ways because it ensures that there are adequate resources to fairly compensate accident victims for what they’ve been through. However, at the same time, insurance companies employ teams of lawyers whose job is to reduce the amount of money the insurance company needs to pay out.

• 5.) Settlement (if There is an Agreement)

A lawyer must convey any settlement offer made by the insurance company to their client. The lawyer will discuss the offer with their client, providing the client with their honest opinion on whether the offer is fair. Ultimately, it is up to the accident victim to accept or reject the offer, but most victims find the advice of their attorney very helpful in this process. In many cases, an attorney may recommend returning to the insurance company with a counteroffer, marking another stage of negotiations. If, at the end of the negotiations, the parties agree, the case will settle. When a case settles, the victim agrees not to pursue the claim in exchange for the settlement amount. This marks the end of the case.

• 6.) The Case Goes to Trial (if There is No Agreement)

In the event that the insurance company is unwilling to make a fair settlement offer or doesn’t make one at all, the victim’s personal injury lawyer will file a lawsuit in court. The purpose of this lawsuit is to compel the insurance company to pay the victim the damages they are entitled to. Typically, cases that go to trial take significantly longer to resolve than those that settle. However, successful victims, on average, receive greater damages awards if they take a case to trial. This is part of the trade-off when considering an insurance company’s settlement offer.