If you’ve been injured in Indiana—whether from a car accident, slip and fall, or a dog bite—the process of achieving an Indiana injury settlement follows a general path. Understanding this roadmap can help you avoid common pitfalls and ensure you are prepared for each step.
Here’s a bird’s eye view of the process, so you know what to expect when pursuing an Indiana injury settlement.
Step 1: Inform the Responsible Party
One of the first steps after an injury is to inform the responsible party that you are making a claim. For car accidents, this is usually straightforward, as there’s often a police report and the at-fault driver’s insurance information is easily accessible.
Slip and fall cases might be more complicated. If you fall at a major retailer like Kroger or Walmart, it’s important to report the incident to the store’s legal department. On the other hand, if the fall occurs on private property, it may take more effort to identify the liable party.
In dog bite cases, identifying the responsible party can get messy, especially if the incident takes place in an apartment complex. However, sending a letter of representation to the dog owner or property owner is an essential step in pursuing your Indiana injury settlement.
Step 2: Keep an Eye on the Clock
In Indiana, there is a two-year statute of limitations for personal injury claims. This means a lawsuit must be filed within two years of the injury, or the right to seek compensation could be lost forever.
If a government entity is involved, there’s an additional layer to consider. A tort claim notice must be filed within 180 days, which serves as a mini-deadline before the two-year limit for an Indiana injury settlement.
Step 3: Don’t Settle Before Medical Treatment Is Complete
It’s crucial not to settle your claim before finishing medical treatment. Insurance companies may try to offer quick settlements before your treatment is done, but this can be a costly mistake. Once you accept an Indiana injury settlement, it’s very difficult to reopen the case, and you could be left responsible for ongoing medical bills.
There are some exceptions to this rule, particularly when the available insurance is insufficient to cover your medical expenses. In Indiana, the minimum auto insurance coverage is often only $25,000, which may not even scratch the surface of your medical costs, especially if you’ve suffered severe injuries. In those cases, it may make sense to settle early to access available funds.
Step 4: Explore All Insurance Options
Finding all available insurance is a key aspect of maximizing your Indiana injury settlement. For example, in a recent case involving a pedestrian hit in a Kroger parking lot, it turned out the victim had purchased an additional $2 million policy years ago. With the help of an Indiana injury attorney, that policy was accessed and led to a favorable outcome at trial.
This highlights the importance of exploring every possible insurance option, especially when dealing with large corporations or complex situations. Store owners, property owners, and even maintenance companies could all have coverage that applies to your case.
Step 5: Submit a Demand
Once medical treatment is complete, the next step is to gather all relevant medical records, bills, and evidence to submit a demand to the at-fault party’s insurance company. This demand outlines the compensation you are seeking as part of your Indiana injury settlement.
Insurance companies will often try to minimize your claim by pointing to things like pre-existing conditions or delays in seeking treatment. An experienced Indiana injury attorney will be prepared for these arguments and fight on your behalf to get you the compensation you deserve.
Step 6: Negotiations and Lawsuits
If a settlement can’t be reached, the next step is filing a lawsuit. This initiates the discovery process, where both sides exchange evidence. In Indiana, some counties require mandatory mediation before a trial, which gives both parties a final opportunity to settle with the help of a neutral mediator.
Mediation is often less expensive than going to trial, but if a settlement still can’t be reached, it’s time for the courtroom. At trial, you’ll need to prove that the other party was responsible for your injuries and that the damages you’re claiming are justified. Juries can award compensation for medical expenses, lost wages, and even pain and suffering.
Conclusion: Seek Legal Help Early
Navigating an Indiana injury settlement can be complex, but with the right guidance, it’s possible to turn a frustrating situation into a successful outcome. If you’ve been injured, don’t wait—reach out to a dedicated Indiana injury attorney who can help you explore your options and protect your rights.
Let the right legal team handle the details, so you can focus on your recovery. If you’ve been hurt, call 317-632-3642 and let us turn your frustration into compensation.
