Indiana Car Accident Claims: Frequently Asked Questions (FAQs)
Below are the answers to common initial questions many clients have when they first contact Keller and Keller. We hope that the information below address many initial concerns you may have, but if you don't find the answers here, please contact us with questions specific to your case. The consultation is free and confidential.
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What sources of compensation can be pursued after an auto accident?
The losses suffered in a serious car or truck crash can be extensive. From damage to your vehicle to medical treatments and long-term care, the costs can total hundreds of thousands of dollars. Given that there are limits on how much insurance policies will cover, you should be aware of other possible sources of compensation following a crash that was not your fault.
Primary Sources of Car Accident Compensation
Trust us—no insurance company is going to help you get more than the minimum they think you are owed. Likewise, other potentially liable parties are not going to offer themselves voluntarily. However, an experienced car accident attorney will guide you towards all possible sources of compensation for your unique situation, but the following are all possibilities:
- The at-fault driver’s insurance policy. If the other driver in your crash is found to be 100 percent at fault in the crash, your first source of compensation will be his insurance policy. Depending on the extent of your injuries, you should be able to get the full value of this policy, but if he is only carrying Indiana’s minimum coverage of $25,000 per person and $50,000 per crash for bodily injury, that will be the most you can get.
- Other sources from the at-fault driver. If the at-fault driver’s car insurance policy is not enough to cover your losses, an attorney can pursue other sources from him, including his personal assets or any umbrella policies he may be covered under. An employer’s umbrella policy may apply if the at-fault driver was on duty at the time of the crash.
- Your car insurance. If you have collision insurance, you may need to make a claim for property damage to repair or replace your car. If the at-fault driver was either uninsured or underinsured, you can make a claim against your uninsured motorist coverage. You may also have coverage for out-of-pocket expenses such as towing, replacement rental, and more.
- Your health insurance. If you have health insurance through your employer or through the Affordable Care Act, your immediate medical care will be covered by that policy. However, if the other driver was at fault, your insurer may have to be reimbursed once you receive your settlement.
- Others responsible for a drunk driver. If the driver who hit you was drunk, he will be held responsible for the crash. Under Indiana’s dram shop laws, however, you may also be able to hold the person or bar who served the alcohol responsible. This is a difficult case to make and will require the help of an experienced attorney
- Other contributors to the accident. If a malfunction in your vehicle or the vehicle that hit you contributed to the accident, you may have a product liability claim against the manufacturer. If poor road conditions, inadequate traffic markers or signals, or a dangerous road or intersection design contributed to the crash, you may be able to sue the governmental entity responsible for roads and traffic.
Depending on the details of your case, there may be additional sources of compensation.
How an Attorney Will Be Able to Help
Seeking compensation following a serious crash can get complicated very quickly. When you hire the experienced car accident attorneys at Keller & Keller to represent you from the beginning, you can rest assured that we will seek every possible avenue of compensation to see that you get what you need for a full recovery. Contact us today to learn more about how we can help.
Should I get medical treatment immediately after a car accident?
If you were involved in anything more than a fender bender, you should absolutely get checked out by a doctor as soon as possible. Many people decide not to seek medical treatment because the initial bumps and bruises don't seem serious, or the onset of the symptoms aren't immediately apparent. However, by seeing your doctor soon after the crash, you can not only get hidden problems diagnosed, you can also protect any future injury claim you may need to make.
Injuries That Are Often Not Immediately Apparent
Of course, not every accident produces injuries. However, if the onset of a serious injury is delayed, the failure to have a medical complaint recorded can affect your chances of recovery. Back and neck injuries like herniated disks are not always immediately determinable. They are often initially diagnosed as "soft tissue" injuries before an MRI or CT scan reveals a disc injury. Normal x-ray film is generally not able to diagnose disc injuries.
The type of injury may not always be obvious to a person injured in an automobile accident. For instance, there are many documented cases of carpal tunnel syndrome caused by a person tightly clenching the steering wheel during an accident. Since the wrists may not have slammed into a part of the car, the person involved in the injury may not associate this problem with the car accident until it is too late to make a claim.
How a Delay Can Hurt You in the Long Run
Many insurance adjusters will refuse to pay claims when there has been a delay in receiving treatment or when large gaps in the treatment have occurred. Even though there are explainable and legitimate reasons for the delay or gap in treatment, victims may end up either uncompensated or under-compensated.
It is not uncommon for accident victims to leave the scene of the accident feeling that they were uninjured and wake up a day or two later with extreme soreness, tightness, or muscle spasm. In these instances, immediate medical attention should be sought from your doctor.
Again, documentation of the onset of injury is important in establishing a causal link between an accident and an injury.
If an injury has been diagnosed by your physician, it's critical that you keep your appointments and attend your scheduled treatments. Skipping doctor's appointments gives the insurance company a valid argument that suggests your injuries aren't severe or legitimate. Medical records and clear treatment paths are essential to successfully pursuing a claim.
Put Your Health and Safety First
Here’s the bottom line: if your car was rear-ended, t-boned, or sideswiped, you likely suffered some trauma. Even if you don’t feel it right away, you have nothing to lose by seeing your doctor right away, and you may have everything to gain. Insurance adjusters will be on the lookout for any cause to deny you the coverage you deserve. If you have any questions about this process, feel free to contact the car accident attorneys at Keller & Keller.
Who should I contact after an auto accident?
Car crashes can be extremely disorienting. During the chaos that follows a serious accident, it is hard to know what to do. However, if you have an idea of what steps you should take before you are ever involved in a crash, you may have the presence of mind to take some important actions that will protect a future injury claim.
Who to Call After a Crash
If there were any injuries in the crash—including minor ones, 911 should be called so that an ambulance will arrive and people will receive appropriate medical care. Following any crash, the police should be called to investigate the crash and issue tickets, if necessary. If you were not at fault in the crash, this will be very important to a later property damage or personal injury claim.
Depending upon the nature of the accident and the extent of the damages and injuries involved, a series of auto accident reports must be filed. Sometimes the reporting of an auto accident is mandatory, sometimes it is voluntary. Reports typically must be filed with two organizations:
- Police. The law of the state where the accident occurs may require a police report to be filed. However, as there are many variations in state and local laws—and even local practices—we cannot address them all. Generally, if an injury occurs in an auto accident, a police report must be filed. A police report generally also is required when property damage exceeds a certain dollar amount (often $200 to $500). The manner of making the report also varies. Some local police only take certain auto accident reports over the telephone, some require a trip to the station house. To be safe, at least a telephone call to local police should be made shortly after an auto accident to determine local practice and the information you are required to provide.
- Insurance company. Most auto insurance companies require their policyholders to promptly report every auto accident. The insurance company will want to gather all of the basic information concerning the accident for its records. Sometimes the insurance company will want your authorization to make a recorded statement concerning the accident. We suggest that if you or your passengers were injured in the accident, or believe the insurance company will try to claim "you're not covered" or you have any concerns about the adequacy of your coverage, you should contact an attorney before you go much further, and certainly before you give the insurance company permission to record your conversation. However, bear in mind that failure to provide information to your insurance company on a timely basis could result in loss of coverage for the accident without it constituting bad faith by the insurer. Your policy will set out how quickly you must notify the company (and it can be a VERY short time frame).
When You Should Also Call an Attorney
In a minor crash with shared liability, it is probably not necessary to call a car accident attorney. However, if you believe you were not at fault and the other driver disputes that, you may want an attorney to represent you when you challenge his insurance company. If you have suffered catastrophic injuries, you should also call an attorney as he or she will work to get you a fair settlement. If you are in a serious crash in Indiana, you can trust the experienced car accident attorneys at Keller & Keller. Contact us today.
Will my Indiana insurance company drop me if I make a claim?
Generally, if you are not at fault in the accident and you make a claim against your medical payments coverage or your uninsured motorist coverage, your insurance company will not usually drop your coverage. This is because the accident was not your fault. However, if you are at fault and another driver makes a claim against your liability coverage, your insurance company may drop you or increase your premiums.
Reasons an Auto Insurer May Drop You in Indiana
First of all, it’s important to understand the difference between a cancellation and a non-renewal of an auto insurance policy. A cancellation means you are being dropped before the end of the policy payment. This usually only happens when you fail to pay your premium or it is discovered that you misrepresented the facts on your initial application. In most situations, policies are left untouched until the end of the policy period and then they are not renewed. Insurance companies refuse to renew policies for the following reasons:
- Bad driving record. If you rack up traffic violations, your insurer may decide you are too great a risk and deny your policy renewal.
- DUI conviction. Even on a first offense, insurance companies consider DUIs to be a major risk.
- Delinquent premium payments. If you frequently made policy payments late, you may be denied renewal. If you don’t pay at all, your policy could be cancelled.
- Fraudulent claims. Often grounds for cancellation, making fraudulent claims is definitely a reason for non-renewal of your policy.
- Too many at-fault claims. If you were found to be at fault for more than two accidents in a three-year period, you will likely be dropped as being too much of a risk.
- Too many claims. Even if you were not found to be at fault, if you file multiple claims for property damage or medical payments in a policy period, your policy will be considered for non-renewal. It’s hard to say how many is too many, but you should make every attempt to avoid filing a claim.
Insurance companies don’t really care if you are just a victim of repeated bad luck. They are in the business of making money, not showing sympathy. Even if the accidents are not your fault, if you are involved in them frequently and make claims, you will be considered too risky to cover. Consider not filing a claim if you are in a minor accident and you can afford the repair to your car. This could protect you if you later need to file a large claim for a serious accident.
When to Call Keller & Keller
Generally, you do not need an attorney if you are filing a claim with your own insurer. However, if you were injured in a crash that was someone else’s fault, you should call our Indiana car accident law firm to find out how we can help you obtain fair compensation for your injuries. Contact us through the link on this page and we will be in touch shortly.
What information should I write down after my car accident?
Serious car crashes are shocking and violent. In the aftermath, it can be very difficult to know what to do, especially if you were injured. Reading these tips now may help you if you are ever in a crash as a driver or passenger, or if you are a witness to a crash.
What to Do Immediately After a Crash
The most important steps to take after a crash are to get everyone out of danger and call 911. If anyone has been injured, let the 911 operator know that medical help is also needed. Once this is taken care of, you can begin to gather important information, including the following basic facts:
- The full names of the drivers of the vehicles involved.
- The driver's license numbers and addresses of all of the drivers.
- The full names and addresses of any passengers in any of the vehicles.
- The full names and addresses of any pedestrians or other parties involved.
- The full name, address, and phone number of any witnesses to the accident.
In addition to collecting names and addresses, you should write down your version of what happened and take notes about what you see in the aftermath. Try to answer the following questions:
- Did any person involved in the accident report any personal injury shortly after the accident?
- Did it appear as if anyone involved was influenced by drugs or alcohol?
- Was medical assistance rendered at the scene of the accident?
- What personal injury did the injured person report? Did anyone say "I'm not hurt?"
- In what direction were the vehicles traveling just prior to the accident?
- At what time of day did the accident occur?
- What were the weather conditions at the time of the accident?
- Was there anything wrong with the vehicles before the accident such as broken tail lights?
- Was there any damage to the vehicles as a result of the accident? What parts of the vehicles were damaged?
- Did any of the vehicles need to be towed from the scene of the accident?
When the police arrive, they will begin an investigation and will be asking some of the same questions. You will be able to obtain a police report later on, so don’t worry too much about talking to everyone at the scene. If you are an injured victim in the accident, the sooner you hire an attorney, the easier it will be to get the information you need to support your claim. Your attorney will be able to get the following important questions answered:
- Who are the registered owners of the vehicles (names and addresses)?
- Were all vehicles involved in the accident insured? What are the names of the insurance companies and the policy numbers?
- Did anyone accept responsibility for the accident, or make a comment such as "It was my fault, I am sorry, I was speeding, not paying attention, not wearing my glasses, distracted, tired, late for work, in a hurry, my coffee had just spilled, I should have seen you but I was on my cell phone, I've been taking these pills, my eyesight isn't what it used to be after dark, etc."?
Do the Best You Can
While it might not be possible to gather all of this information in the chaos following a crash, as much basic information as possible should be collected at the scene. As time passes, memories tend to fade and new versions of the chain of events are created. Putting the basic information down on paper helps later when liability for the accident begins to be examined. With the car accident attorneys at Keller and Keller on your side, you can relax and focus on your physical recovery.
How quickly should I contact an attorney after a car accident?
If you are involved in a car crash and have suffered injuries, getting immediate medical attention is always the first priority. However, once your condition is stable and you are under a doctor's care, you should follow up with an experienced and knowledgeable attorney as soon as possible. Delaying this important step could cost you valuable time and money.
What an Attorney Can Do
If you were not injured in the crash but the other driver was at fault, you can file a claim for property damage with his or her insurance company on your own. However, if serious injuries are involved, you will want an experienced car accident attorney on your side. The sooner an attorney is on the case, the easier it will be for him to take the following important steps:
- Securing evidence from the scene. Pictures of the scene, police reports, traffic camera footage, and witness statements will be vital if liability is contested. This evidence needs to be collected as soon as possible after a crash and you will not be able to do it yourself if you are in the hospital.
- Locating witnesses. An attorney’s investigator will be able to track down possible witnesses from nearby businesses or those who left the scene once the accident was cleared. Their statements could be important to your claim.
- Dealing with insurance companies. Insurance companies will work quickly in their attempt to reduce the value of your claim. They do this by taking recorded statements that may damage your claim, asking you to sign authorizations, and pressuring you into signing away your rights. Having an attorney on your side from the beginning helps to ensure these things are less likely to happen.
The longer you wait to retain an attorney, the harder it is for the attorney and their investigators to piece together the facts of your case, possibly causing it to affect the overall value. If you are injured in a car or truck crash in Indiana, contact Keller & Keller right away. We will get to work while you recover from your injuries.
Will Keller and Keller handle my property damage claim?
As a personal injury law firm, Keller and Keller’s focus is on recovering a financial settlement for your medical bills, lost wages, and pain and suffering. We will negotiate with the insurance company for the at-fault driver and, if necessary, take them to court to recover what you are entitled to for your injuries. If you are also seeking compensation from the other driver’s insurance company for the damage done to your car, we can usually handle that for you as well, but that may not be necessary.
Property Damage Claims Are Usually Straightforward
The easiest way to handle property damage is to file a claim with the liable party’s insurance company yourself. These claims are usually simple to prove and the cost is a fixed amount, so there is no negotiating. A few phone calls should take care of it. If the other insurance company is disputing the claim and you have collision insurance, your best bet is to file with your own company and let them deal with the other company. At worst, you will be out the amount of your deductible, but that may be recovered if liability is proven.
Personal Injury and Property Damage Are Separate Claims
Auto insurance policies have separate coverage allowances for bodily injury and property damage. In Indiana, drivers are required to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage. When a claim is filed against the policy, the settlement will come out of that coverage. However, a claim for property damage will come out of the required minimum $10,000 in property damage coverage. These claims are handled separately by the insurance company. If you were to hire an insurance company to handle just your property damage claim, the attorney fees would probably quickly drain the potential award amount.
Keller & Keller Is Happy to Help
If you have hired us to handle your personal injury claim and you are also filing a straightforward property damage claim against the same policy, we would be happy to take care of that for you free of charge. However, our main focus will always be on getting you optimal compensation for your injuries. If you have questions about this process, feel free to reach out to us.
What if I was partially at fault for my car accident?
Many car accidents are not the fault of a single driver. For example, if a driver pulls out in front of an oncoming car, but that oncoming car was exceeding the speed limit, both drivers may share blame for the crash. This is known as comparative negligence. Under Indiana’s modified comparative negligence law, a judge or jury will determine what percentage of the total fault goes to each person involved.
How Share of the Blame Factors Into Compensation
Once the percentage of fault has been determined, compensation amounts will be adjusted. Each at-fault party’s compensation will be reduced by the percentage of fault he or she has been assigned. For example, if you are assigned 20 percent of the fault for the crash, the amount you can receive from the other party’s insurance company will be reduced by 20 percent. However, any party whose fault exceeds 50 percent will not be eligible to recover any compensation from the other parties involved. If one of the drivers involved in the crash is assigned 51 percent or more of the fault, he or she may be held liable for the legal expenses of the other drivers.
An Experienced Attorney Can Help
If you are involved in a car accident and are being assigned even a small portion of the blame, you should consult an experienced Indiana car accident attorney. An attorney will protect your rights to compensation and make sure the fault determination has been fair. Call Keller and Keller as soon as possible after your crash to ensure you get the recovery you are entitled to.
I have insurance, but the driver who hit me didn't. Now what?
Indiana is a “fault” state for car insurance purposes. This means that when you are in a car accident and another driver is determined to be at fault, you can seek compensation from that driver’s insurance company. However, if that driver does not have insurance, your options are more limited. You can file a claim with your own insurer to repair the damage to your car if you have “comprehensive” or “collision” coverage. Most drivers will carry a form of coverage known as "uninsured motorist coverage." And while it's not the law to do so, it is not uncommon to see it in most insurance policies.
How Uninsured Motorist Coverage Works
In Indiana, you are not required to carry car insurance, but if you choose not to purchase a policy, you must demonstrate “financial responsibility” by releasing information about your personal assets and income to the Indiana Bureau of Motor Vehicles. However, most people meet this requirement by simply buying minimum car insurance coverage.
In Indiana, you do not have to carry uninsured motorist coverage, but you must refuse the coverage in writing. If you have uninsured motorist coverage, and it's confirmed that there is no other coverage for the at-fault driver, then we will be asking your insurance company to compensate you for your medical bills, lost wages, pain and suffering, as well as the damage to your car. The first step our office will take in this instance is to verify there are no other applicable coverages for the driver that struck you, and we do this by performing various background checks.
You Have a Right to Compensation
Some people are hesitant to file an uninsured claim for their car accident. However, it's critical that you not feel this way if it's the only coverage available. You pay monthly premiums for this protection, and it's important that you use it. When you work with the car accident attorneys at Keller and Keller, we will exhaust every avenue of compensation to ensure you make a full recovery.
How much does it cost to hire a car accident attorney?
When an Indiana car accident leaves you seriously injured, you have plenty to worry about. You are facing a long recovery, the loss of your vehicle, and are unable to work. Because the accident was not your fault, you may be considering hiring a car accident attorney to represent you in your settlement claim, but you don’t have the money you think you need to secure a lawyer.
When you call Keller & Keller, however, you won’t have to worry about that. We work on a contingency fee basis, which means you pay nothing up front to secure an experienced legal team.
How a Contingency Fee Works
It may sound too good to be true, but we will not ask for any payment to take your car accident case. This way, you can focus on your physical recovery instead of worrying about legal bills on top of everything else. Once we have settled the case to your satisfaction, we will collect our fee from the settlement amount. In a nutshell, a contingency fee agreement works as follows:
- Once we have met with you and reviewed your case, we will discuss the contingency fee arrangement. We will explain what we think your case may be worth and the percentage of the settlement that we will collect as payment.
- We will pay all expenses until the case is settled, including filing fees, medical records fees, expert witness fees, travel costs, and any other expenses.
- Whether the case is settled out of court or goes to trial, we will not be paid until the case concludes and you get your settlement.
Under a contingency fee arrangement, anyone can afford quality legal representation. After all, you were the victim and you should not have to pay out of pocket to ensure that your case is settled fairly and you get the financial settlement you need to replace what you have lost.
Our Zero-Fee Guarantee
So, what happens if we are unable to make a recovery on your behalf? Our Zero-Fee Guarantee means that you will never be asked for payment from your own pocket. Simply put, if we don’t win, we don’t get paid. This is your guarantee that we will work hard for the best possible financial settlement for you.
Why Do We Do it?
We believe everyone is entitled to quality legal representation, regardless of income or assets. When you have been injured in a car accident due to another driver’s negligence or carelessness, it shouldn’t cost you to protect your rights to a full recovery. Under a contingency fee arrangement, it is the defendant who ultimately pays your legal fees, as it should be. This arrangement also motivates us to work hard to secure a generous settlement for you.
Be Aware of These Fee Structures
Almost every reputable personal injury law firm will work on a contingency fee basis for cases where a money judgement is expected. However, for other types of cases, attorneys can require different methods of payment. If you are asked to pay for personal injury representation with one of these methods, you may very well be at the wrong law firm:
- Hourly. While common for estate planning and other types of legal representation, you should not agree to an hourly rate for a car accident attorney. A great deal of time and effort can go into supporting an injury claim and the hours can accumulate quickly, as will your costs.
- Flat fee. Attorneys may charge a flat fee for a simple, well-defined legal service, such as the preparation of a will, but a car accident case is rarely simple and cannot usually be quantified by a flat fee.
- Retainer. Often used in criminal cases, a retainer is an amount of money paid to an attorney up front to secure representation. The money is held by the firm and expenses are paid out of it as needed. Even if there is a promise of a refund when a settlement is reached, you should not pay a personal injury attorney a retainer.
You Can Trust Keller & Keller
You will likely be contacted soon after your accident by the at-fault driver’s insurance company. You may even be offered a quick settlement. However, this offer is probably much lower than you will be able to get with an experienced car accident attorney on your side. While the quick money may be tempting, remember that you don’t pay us until we win for you. Call our Indiana offices today to speak to an attorney about your case. You won’t regret it.
Should I cooperate with the at-fault driver’s insurance company?
When you have been in a car accident that involves damage, injuries, and insurance claims, you can count on being contacted by the insurance company for the other driver pretty quickly, especially if the other driver has been assigned a majority of the fault for the crash. It is important to understand that you are under no legal obligation to talk to them and that, in fact, doing so could potentially hurt your claim for damages.
Comparative Fault in Indiana
One thing the insurance adjuster for the at-fault driver is likely trying to do by contacting you is to get you to admit some degree of responsibility—or at least some doubt as to the cause—so that blame will be shared. Indiana follows a comparative negligence law for car accidents, which means that fault can either be assigned 100 percent to one driver, or can be shared between the drivers involved. When fault is shared, liability for compensation is also shared by the same percentage amount. For example, if you are assigned 25 percent of the fault, the amount of compensation you can get from the other driver’s insurance company is reduced by 25 percent. The insurance adjuster will want to pass at least part of the blame on to you as it will save his company money—potentially a significant amount of money.
How Indiana Insurance Adjusters Get You to Admit Fault
Even if you are confident that you played no part in the cause of the crash, an experienced adjuster can ask the right questions and twist your words in ways that could cast doubt on who is responsible. When you are contacted by the other insurance company, keep the following tips in mind:
Identify the person who is contacting you. Before answering any questions, get the name, number, and employer of the person calling and ask the name of the person he or she is representing.
Give only limited personal information. You may give the adjuster your name, address, and telephone number and, if he asks, basic employment information, but do not offer additional information and do not give any more personal details.
Do not give any details about your injuries. The adjuster will want to know how serious your injuries are. Do not answer any questions about injuries. You may not yet know how serious your injuries are and you may leave out a detail that he will bring up later to deny your claim.
Do not give any details about the accident. The main reason for the call is to try to pass blame on to you. Do not answer any questions about the accident. Even an innocent comment such as that you were running late or feeling tired could arouse suspicion. Simply refuse to give any information about the accident.
Do not accept a settlement offer. If the adjuster seems friendly and polite and offers you a quick settlement, it is probably because he knows you can get more. Never accept the first offer, no matter what the adjuster tells you.
Do not allow yourself to be recorded. Recorded statements often come back to haunt car accident victims. In the confusion of the interview, you may misspeak or your understanding of what happened may later change. You do not want a recording to be played back that contradicts what you say later.
Leave it Up to Your Attorney
Following a serious car accident, you will want to make two calls—one to your own insurance company, and the other to an experienced Indiana car accident attorney. When you call Keller & Keller, we will take it from there. You can then refer insurance adjusters to us and not have to worry about saying the wrong thing. We will provide the information they need and will do our best to negotiate a fair settlement.
How does an Indiana car accident case work?
If you are considering filing a car accident lawsuit, you should be aware that the process can take some time. There are many different steps in the process, and you should be prepared at every stage in order for your case to be a success. In fact, many accident victims make mistakes that hurt their chances of receiving a settlement before their claims have even been filed.
In the days following the accident, you can greatly impact your future claim by:
Delaying medical treatment. The first thing that all victims should do after a car accident is to get medical treatment for their injuries. Not only can emergency treatment save your life, it will also demonstrate to a court that you were being responsible. If you wait for days or weeks before seeing a doctor, your insurer or the defendant may claim that your injuries were not that serious.
Refusing legal help. While some personal injury claims can be settled without the help of a lawyer, it is a good idea to get an attorney to look over your case. Victims who have suffered large monetary losses, have permanent disabilities, or were uninsured at the time of a car accident often have the best results by hiring an attorney to represent them. Your attorney should conduct a detailed interview with you to determine how the accident happened, your current medical condition, and the treatment you have received, and will review your medical records and billing history to see who may be liable and what your case is worth.
Assuming your complaint is valid. Not all people who are injured in an accident are eligible for compensation. For instance, Indiana’s comparative fault law prohibits any person from recovering any damages if he or she was more than 50 percent at fault for causing the accident. Victims must also file suit within two years of the accident date, and no compensation will be awarded after this time limit has passed.
Timeline of a Typical Indiana Car Accident Case
Your attorney may recommend that you postpone filing your suit until you are as physically recovered as possible. This is called maximum medical improvement (MMI), and is the point where your injuries are not expected to improve with medical care. At this point, you and your attorney will have a clear picture of what your injury has cost you in the past and allows you to estimate your future losses more accurately.
Once you have reached MMI, your case will likely progress through the following procedures:
Demand letter. Some injury claims can be settled before a lawsuit is ever filed. If your attorney believes that the case can be settled, he or she will send a demand for payment to the person at fault (or, more likely, that person’s insurance company). If the demand is not successful, your attorney will file the suit.
Filing the lawsuit. The filing of the lawsuit is the official beginning of your case. Your attorney will notify the court and your opponent (the defendant) that a personal injury case has been filed and that you are being represented by counsel. The defendant will then have to send an answer to acknowledge the case is proceeding.
Discovery. Discovery is the process of gathering information and investigating each side’s legal claims and defenses. You will likely have to give a deposition, or answer questions posed by the defendant’s attorney under oath. Your attorney should prepare you for the deposition ahead of time and be present at the deposition to object to unfair or irrelevant questions.
Settlement negotiations. Since settlement is less costly than litigation, insurance companies often choose to settle cases before going to trial. Near the end of discovery, attorneys in the case may meet to determine whether they can agree on a settlement. If no agreement can be reached or your attorney believes you will be awarded more by a jury, your case will go to trial.
Trial. A personal injury trial can take months or even a year to resolve, for many reasons. Scheduling conflicts of judges and witnesses may lead to rescheduling, and requests for evidence may cause further delays. Your attorney should keep you informed throughout the process, and do his or her best to expedite proceedings.
No matter if you settle your case or go to trial, our attorneys do not charge any legal fees unless we win your case. Contact us today to speak to a member of our legal team about your options.
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