Filing a personal injury lawsuit in Indiana involves several steps.
Here’s a general guide:
Determine Eligibility
- Injury Cause: Confirm that your injury resulted from someone else’s negligence or intentional act (e.g., car accident, slip and fall, or medical malpractice).
- Statute of Limitations: In Indiana, personal injury claims generally must be filed within two years from the date of the injury. For some cases (e.g., injuries involving minors), exceptions might apply.
Seek Medical Treatment
- Document Injuries: Obtain medical records that clearly outline the nature and extent of your injuries.
- Follow Treatment Plans: Adhering to medical advice strengthens your case and prevents arguments that you worsened your injuries by neglecting treatment.
Consult a Personal Injury Attorney
- Evaluate Case Strength: Personal injury attorneys can help determine if you have a viable case.
- Fee Structure: Many personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win.
- Legal Advice: An attorney can guide you through Indiana’s specific legal requirements.
Collect Evidence
- Incident Documentation: Gather police reports, photographs, videos, witness statements, and any other evidence from the accident scene.
- Financial Records: Maintain a record of medical bills, lost wages, and any other expenses related to the injury.
File a Claim with Insurance (Optional)
Before filing a lawsuit, you may submit a claim to the responsible party’s insurance company. In many cases, settlements are reached without going to court.
Prepare and File the Lawsuit
- Complaint Drafting: Your attorney will draft a complaint (a formal legal document) outlining:
- The parties involved.
- The cause of action (why you are suing).
- The damages you are seeking.
- File in the Appropriate Court: The lawsuit must be filed in the correct Indiana court based on the case’s value and location.
- Small Claims Court: For claims under $8,000.
- Higher Courts: For larger claims.
Serve the Defendant
- After filing, the defendant must be served with the complaint and a summons. This notifies them of the lawsuit and allows them to respond.
Discovery Phase
Both sides exchange evidence and information through methods like:
- Depositions.
- Interrogatories (written questions).
- Document requests.
Attempt Settlement
Many personal injury cases are settled before trial. Mediation or negotiations can help reach an agreement without the need for court intervention.
Proceed to Trial if Necessary
If settlement negotiations fail, the case goes to trial. A judge or jury will:
- Hear arguments.
- Review evidence.
- Decide whether the defendant is liable and, if so, the amount of damages.
Collect Compensation
If you win, the defendant or their insurer pays the awarded damages. This may include compensation for:
- Medical bills.
- Lost wages.
- Pain and suffering.
- Punitive damages (in rare cases).
Tips for Filing:
- Act Quickly: Delays can weaken evidence and affect witness recollection.
- Keep Records: Maintain organized documentation of all case-related materials.
- Understand Comparative Fault: Indiana follows a modified comparative fault rule. If you’re found more than 50% at fault, you cannot recover damages.
Contact a skilled Indiana personal injury attorney for help. If you or your loved one was in a personal injury accident, settle for nothing less than experienced representation. Insurance adjusters are not focused on protecting your best interests, but we are. Contact our law firm today to schedule a free initial consultation. Our law firm is conveniently located just south of the Methodist Hospital Southlake Campus.