If you’ve been hurt because of someone else’s carelessness, whether in a car crash, a slip and fall, or another type of incident, you’re probably feeling overwhelmed. You’re in pain. The bills are piling up. The insurance company isn’t helping. It’s hard to know what comes next.
At the Marc Lopez Law Firm, we hear these concerns every day. That’s why we believe in clear answers, straightforward guidance, and real support. So, let’s break down the personal injury claim process into four plain and simple main phases.
What are the steps in an Indiana personal injury case?
There are four main phases of a personal injury case in Indiana:
- Investigation
- Demand and Negotiation
- Lawsuit and Discovery
- Trial
Each phase plays an important role in building your case, protecting your rights, and maximizing your compensation. Here’s what you need to know about each step.
Phase 1: Investigation: What Happened and How Bad Is It?
Quick Answer:
The investigation stage is about gathering all the facts. This includes medical records, police reports, witness statements, and more.
As soon as we take on a new case, we begin a deep dive into the facts. This isn’t just paperwork. We are talking to you, your doctors, and anyone who saw what happened.
Here’s what we focus on:
- Where and how the injury occurred
- Medical treatment and diagnoses
- Police reports (for car crashes)
- Photos, videos, or surveillance footage
- Witnesses (we love good witnesses)
- Lost wages or missed time from work
- Missed vacations, cancelled plans, or lifestyle disruptions
Even the small things matter. Maybe you missed your best friend’s wedding because of a broken arm. That’s the kind of personal loss we want the insurance company to see because it helps paint the full picture of how your life has been affected.
Phase 2: Demand and Negotiation: Telling the Insurance Company What You Deserve
Quick Answer:
After your medical treatment is complete, we gather the evidence and send a demand letter to the insurance company requesting fair compensation.
This is the first time we officially say, “Here’s what our client has been through and here’s what it will take to make it right.”
A demand package typically includes:
- All medical bills and records
- Proof of lost wages
- Documentation from Phase 1
- A detailed explanation of your pain and suffering
From there, it’s a back-and-forth negotiation. Most cases resolve here. We also work with your medical providers to reduce liens or help cover outstanding bills.
But if they won’t play fair? We don’t waste time.
Phase 3: Lawsuit and Discovery: When the Insurance Company Won’t Budge
Quick Answer:
If negotiations break down, we file a lawsuit and begin the formal legal process, known as discovery.
Important: In Indiana, you generally have two years from the date of your injury to file a lawsuit. Miss this window, and your case may be over before it starts.
Filing a lawsuit means we’re done negotiating and ready to push forward:
- Filing a formal complaint in court
- Exchanging written questions and evidence (discovery)
- Taking depositions (interviews under oath)
- Possibly attending mediation
Even during this stage, most cases still settle. In fact, sometimes filing a lawsuit brings in a fresh set of eyes at the insurance company. This can be someone who may be more motivated to resolve the case fairly.
Still, if no agreement is reached?
Phase 4: Trial: Telling Your Story in Court
Quick Answer:
Trial is the final stage if a settlement can’t be reached. A jury hears the evidence and decides the outcome.
While most people don’t want to go to trial, it’s sometimes the only path to justice. In Indiana, personal injury trials usually involve:
- Jury selection
- Opening statements
- Presentation of evidence (including doctors and other experts)
- Closing arguments
- A verdict from six jurors (plus one alternate)
Trials take time and preparation. But when necessary, we’re ready to go the distance.
Should You Hire an Indiana Injury Attorney?
Absolutely. There are a lot of moving parts in a personal injury case and a lot of ways things can go wrong if you don’t have help.
From missing deadlines to lowball offers to unpaid medical bills, injury victims who go it alone are at a serious disadvantage. And insurance companies know this. They want you to stay confused. They want you to settle fast and cheap.
That’s why it’s critical to have someone in your corner who handles these cases day in and day out.
How the Marc Lopez Law Firm Can Help
At the Marc Lopez Law Firm, we have a dedicated personal injury team that focuses solely on helping injured people in Indiana. We handle the paperwork, the phone calls, the negotiation—and if necessary, we fight for you in court.
You don’t have to do this alone.
📞 Speak with an Indiana injury attorney today—call 463-241-6548.
Let us turn your frustration into compensation.
Frequently Asked Questions
What should I do immediately after a personal injury in Indiana?
Seek medical attention, take photos or videos if you can, and avoid speaking to insurance adjusters without a lawyer.
How long do I have to file a personal injury lawsuit in Indiana?
In most cases, two years from the date of the incident. Don’t wait until the last minute. Early action protects your rights.
Can I still recover if I was partly at fault?
Yes, but Indiana uses a modified comparative fault rule. If you’re more than 50% at fault, you can’t recover damages.
Will my case go to trial?
Most don’t. Many settle during the negotiation or discovery phase. But if trial is necessary, we’re ready.
How much does it cost to hire a personal injury lawyer?
We work on contingency. That meaning we don’t get paid unless you do.
Make the Right Call
Whether you’re just starting the process or already deep into it, we’re here to help. Don’t let the insurance company dictate your future. Call the Marc Lopez Law Firm at 463-241-6548 and take the first step toward justice.
