People who file a personal injury lawsuit in Indiana may not be aware of the process. If you’re considering taking this legal route, it’s important to understand the basic timeline of similar Indiana tort law cases. Learn about the personal injury lawsuit process in Indiana from the legal team at Stewart & Stewart Attorneys.
A Personal Injury Lawsuit in Indiana Starts With Pre-Litigation
Before filing an Indiana personal injury claim, it’s important to go through the following steps:
- Meet with an attorney: A lawyer who practices in this area can recommend a legal strategy based on the unique details of your case.
- Gather and review evidence: If an attorney believes you’re eligible for accident injury compensation in Indiana, they can collect and examine evidence supporting your claim, such as police reports and witness statements.
- Calculate damages: How much could your potential Indiana injury claim settlement be worth? Reviewing medical bills, vehicle repair estimates, and other information can help your lawyer calculate the total damages.
- Negotiate with insurance providers: Legal counsel will present information to the negligent party’s insurer in an effort to reach a settlement without litigation, though outcomes may vary.
File a Suit To Enter the Litigation Phase
If the insurance company denies a claim despite the efforts of your lawyer, you could file a personal injury lawsuit in Indiana. Bear in mind that you have a limited window of opportunity to take legal action.
According to Indiana’s statute of limitations, injury claims are typically only valid if you file a suit within two years of the date of the accident. Some exceptions may apply, so consult a lawyer to assess the statute of limitations for your specific circumstances.
Upon filing the lawsuit, claimants and defendants often go through the following steps:
- Evidence presentation
- Depositions
- Negotiation and dispute resolution
Legal representatives for each party will exchange their evidence and listen to testimonies from witnesses. They then use this uncovered information to negotiate for the purpose of reaching a settlement agreement.
A Case May Not Resolve Without a Trial
It’s possible that parties can’t reach a settlement during negotiations. This would cause the case to end in a trial. A jury will reach a verdict after hearing both sides present the evidence and make their arguments.
If the trial ends in favor of the plaintiff, they may be awarded financial compensation. If the court favors the defendant, the plaintiff will not receive a settlement.
How Long Does a Personal Injury Case Take To Resolve?
If you’re considering filing a personal injury lawsuit in Indiana, you might be wondering how long the process will take. Every case is different, so your timeline may not align with that of another plaintiff. In general, expect your case to take longer to resolve if you have to go through all possible phases.
The pre-litigation phase may take a few weeks and end with a settlement for your insurance claim. However, you don’t always have to accept the first settlement offer, which can extend the timeline.
Filing a lawsuit and navigating the steps that follow could take several months. If you’re unable to reach a pre-trial settlement, further litigation prolongs the case. In some scenarios, cases that go to trial aren’t resolved until more than a year after the filing.
Explore Your Legal Options With Stewart & Stewart Attorneys
Do you believe you have the grounds to file a personal injury lawsuit in Indiana? Speak with a professional lawyer at Stewart & Stewart Attorneys to discuss the details of your case. Call (866) 925-2991 to schedule a free consultation.