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The Anatomy of a Case

May 31, 2023 | Personal Injury

Personal injury case in Indiana

If you suffered an injury in Indiana, you are likely to have questions about the practical steps of a personal injury case. What are the chances that your personal injury claim will settle out of court? How soon will the insurance company resolve your claim, and do you need a personal injury attorney? Let’s explain the process of a personal injury case so you know what to expect.

Out-of-Court Negotiations

The vast majority of personal injury cases (probably over 90%) settle during what’s known as the pre-litigation stage. Pre-litigation is the step during which your lawyer communicates with the insurance company. An out-of-court settlement is commonly in the interests of both parties as a faster and easier way to resolve personal injury cases.

Your attorney will examine your case and file a claim with the responsible party’s insurer. Your lawyer will also explain what damages you may expect to collect, such as compensation for your injury-related medical expenses, missed days at work, and pain and suffering.

Stewart & Stewart Attorneys, for example, employs former insurance adjusters on the team of personal injury lawyers. This provides inside knowledge of how insurance companies work and how to negotiate a better settlement offer for clients. 

Taking Your Case to Court

In some personal injury cases, negotiations with the insurance company fall through when the insurer denies the claim outright or makes an unreasonably low offer and refuses to improve it. In these instances, your lawyer may advise litigating.

Whether your case goes through the court system or not, it’s going to take time. Most personal injury cases settle within a few months, but complicated or contested cases may take years. That’s why it’s important to work with a lawyer who helps you understand personal injury laws in Indiana and handles your case on a contingency basis. Lawyers who work on contingency collect their fee from your settlement, so you only pay if you win your case.

Steps of Personal Injury Case Litigation

Once your case is in Indiana’s court system, the legal process will include several steps:

  • Discovery: During this stage, both sides’ attorneys will gather evidence to use at trial. The defendant’s attorney may question you, and your attorney may help you gather and arrange any relevant documentation related to your case.
  • Negotiations and mediation: At this point, your lawyer may try to resume settlement negotiations with the defendant’s insurer. The judge may require both parties to attempt mediation as a quicker and more efficient way to resolve the claim before going to trial.
  • Trial: If mediation fails, your case will go to trial, during which you will likely act as a witness. After both parties present their arguments, the court will issue a legally binding verdict.

Do You Need a Lawyer for Your Indiana Personal Injury Case?

Insurance companies will try to pay you as little as possible. Even if you think you have a straightforward case, insurers will often try to dodge, downplay, or drag out your claim. To protect your interests, you need a skilled lawyer who will:

  • Build a compelling case based on available evidence
  • Handle negotiations with insurance companies
  • Help you evaluate whether any settlement offers reflect the true worth of your case
  • Represent you in court if settlement negotiations fail

Call Stewart & Stewart Attorneys for a No-Cost Evaluation of Your Indiana Personal Injury Case

If you or your loved one sustained an injury in Indiana, call our experienced and dedicated legal team at Stewart & Stewart Attorneys. We handle all types of personal injury cases, including auto and truck accidents, dog bites, slip-and-falls, and medical malpractice.

Call 1-800-333-3529 or contact us online 24/7 to schedule your free case review. You only pay when we win.

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If you have been involved in an Indiana personal injury accident, contact us at Stewart & Stewart Attorneys. Our Indiana personal injury lawyers represent victims throughout the state, including Carmel and Anderson. We have also successfully advocated for clients throughout the area, including Fort Wayne, Gary, Indianapolis, South Bend. Complete a free online consultation form or call us at (800) 33-33-LAW!

Stewart & Stewart Attorneys have the knowledge and experience to defend your rights in the following areas of Indiana injury law: auto accident, brain injury, drug injury, defective product, fire and burn injury, insurance dispute, medical malpractice, motorcycle accident, nursing home abuse, slip and fall,  truck accident, workers’ compensation and wrongful death.