What Is the Process for Filing a Personal Injury Claim in Indiana?

If you’ve been injured due to someone else’s negligence in Indiana, understanding the personal injury claim process can help you protect your rights and pursue compensation for your losses. While every case is unique, most Indiana personal injury claims follow a series of well-defined steps. Knowing what to expect can reduce stress and help you make informed decisions.

1. Seek Medical Attention and Document Everything

After an accident, your health and safety should be your top priority. Seek medical attention immediately, even if your injuries seem minor. Some injuries may not show symptoms right away, and prompt medical documentation is critical to your personal injury claim.

You should also gather evidence as soon as possible. This may include photographs of the accident scene, your injuries, property damage, witness contact information, and any police or incident reports. This evidence can play a key role in proving liability and damages.

2. Consult With a Personal Injury Attorney

Speaking with an experienced Indiana personal injury attorney is often one of the most important steps in the process. An attorney can evaluate the strength of your claim, explain your legal options, and ensure that deadlines are met.

Most personal injury lawyers offer free consultations and work on a contingency fee basis, meaning you typically do not pay attorney fees unless your case is successful.

3. Case Investigation and Evidence Gathering

Once you hire an attorney, they will begin a thorough investigation of your case. This includes collecting medical records, accident reports, witness statements, and any available video or photographic evidence. In some cases, attorneys may work with experts such as accident reconstruction specialists or medical professionals to strengthen the claim.

A strong investigation helps establish negligence, causation, and the full extent of your damages.

4. Filing the Claim (Demand Letter)

Your attorney will usually begin the formal claims process by sending a demand letter to the at-fault party’s insurance company. This letter outlines how the accident occurred, why the other party is responsible, the nature of your injuries, and the compensation being sought for medical expenses, lost wages, pain and suffering, and other damages.

5. Negotiation With the Insurance Company

After receiving the demand letter, the insurance company may respond with a settlement offer. Your attorney will negotiate on your behalf to seek a fair settlement that reflects the true value of your claim.

Many personal injury claims in Indiana are resolved through settlement negotiations, avoiding the time and expense of litigation. Settlements also provide more certainty and faster compensation.

6. Filing a Lawsuit if Necessary

If negotiations do not result in a fair settlement, your attorney may recommend filing a personal injury lawsuit. This involves submitting a formal complaint to the court detailing the legal and factual basis of your claim. The defendant then has an opportunity to respond.

7. Discovery and Pre-Trial Proceedings

During the discovery phase, both sides exchange evidence and information, including medical records, witness statements, and depositions. Indiana courts often require mediation, where a neutral third party attempts to help the parties reach a settlement. Pre-trial motions may also be filed to address legal issues before trial.

8. Trial and Post-Trial Actions

While most personal injury cases settle before trial, some proceed to court. At trial, evidence and arguments are presented to a judge or jury, who determines liability and damages. If the verdict is in your favor, post-trial steps may include motions, appeals, and the collection of compensation.

Important Considerations in Indiana Personal Injury Claims

Statute of Limitations:

In Indiana, most personal injury lawsuits must be filed within two years from the date of the injury. Missing this deadline can result in losing your right to compensation. Certain exceptions may apply, such as cases involving minors or claims against government entities, which often have shorter notice requirements.

Comparative Fault:

Indiana follows a modified comparative fault rule. If you are found to be 51% or more at fault, you cannot recover damages. If you are less than 51% at fault, your compensation is reduced by your percentage of fault.

Timeline:

Personal injury cases can take anywhere from a few months to several years, depending on complexity, injury severity, and whether the case settles or goes to trial.

Filing a personal injury claim in Indiana can be complex, but understanding the process helps you take the right steps from the beginning. Consulting with a knowledgeable personal injury attorney as soon as possible can help ensure deadlines are met and your rights are fully protected. If you need help with your case, contact Brinkley Law today at 317-766-1379.