Once your personal injury attorney files a lawsuit for you in the Dyer, IN courts, the case goes to a formal litigation phase and follows the Indiana Rules of Trial Procedure. Every case is unique, since a lot depends on the precise details of your case, but the following is the general process.

What Happens After Your Dyer, IN Personal Injury Attorney Files a Lawsuit

The Defendant Is Served

Once you file, the defendant you’re suing must be notified formally of the complaint against them. They have 30 days to file a response to this and either admit or deny your allegations. In their response, they can also lay out their defense. If they never respond, you can seek a default judgment, where the court looks at your evidence and makes a decision without the input of the defendant. This is quite rare, however.

The Discovery Phase

This phase of your case is usually the longest. During this time of preparation, both sides exchange information and build their cases. Both sides have to exchange information in good faith, and the point is to make the trial itself as streamlined as possible. Your lawyer will use this time to discover the strengths and weaknesses of the defendant’s case, and both sides will stipulate what facts they can agree to so those facts don’t need to be proven in court.

Settlement Negotiations

Before going to court, your lawyer will have tried to settle your personal injury claim. If you’re going to court, it means no settlement could be reached. But you can also continue to conduct negotiations throughout the trial period, and ultimately most personal injury cases do get settled before trial. As more information comes out in the discovery phase, this often helps with negotiations.

Pretrial Motions and Hearings

If there’s no settlement, either party can file motions with the court before the trial starts. Your lawyer might file a motion to exclude certain evidence, for example, or to limit expert testimony. There may also be hearings to give instructions to the jury or to set certain parameters for the trial itself.

Formal Trial

If your case is one of the small percentage that goes to trial, it could be decided by a judge alone or by a jury trial. The trial begins when both sides present their opening statements. Then each side will present their evidence and witnesses and give closing arguments. Either the judge or a jury will determine who is liable and what damages, if any, should be awarded.

Making Appeals

If either side believes a legal error has been made, they can make an appeal. This usually needs to be done within 30 days. Appeals can add a couple of years to the timeline, but you cannot appeal a decision just to go over the facts again. You have to be able to point to an actual legal error for the courts to consider an appeal.

Talk with a Dyer, IN Personal Injury Attorney

If you are considering a lawsuit, talk to us today at Tanzillo Stassin & Babcock, P.C. in Dyer for strategic guidance, trusted counsel, and solid results.

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If you’re dealing with a serious accident in Dyer, IN, getting help from an injury attorney right away can make all the difference in getting a successful outcome. Complex cases bring unique challenges, and while it’s always important to have a lawyer’s help in an injury case, it’s even more important if your case is complicated.

What Makes an Injury Case Complex?

These cases are usually considered complex when there are multiple factors that have to be considered. For example, there could be several parties at fault for the accident. In this case, the complexity is sorting out who has responsibility and to what degree.But your case could also be complex because you have very severe injuries. Particularly bad injuries can lead to long-term disability, and that means you have to not only figure out future cost estimates and wade through complicated medical evidence but also defend yourself against an insurance company that is incentivized to push back hard.

Why a Dyer, IN Injury Attorney Is So Important

When things are complicated, it takes a lot more digging to get all the evidence needed to build a good case. If you’ve never done this before, it’s easy to forget something important, and if you miss a key detail, your position is weakened. In addition, insurance companies tend to push back much harder on complicated cases. If there are multiple parties involved, they will be hoping they can push blame onto someone other than the driver they cover. If medical expenses are very high and extend into the future, the insurance company will want to minimize their loss as much as possible. In these situations, you really need someone on your side who knows how to deal with these negotiations and protect you from settling for less than you deserve.

Things Your Attorney Will Do

Gather Evidence

One key reason to get legal help early is to get all the evidence preserved before it disappears. This is especially important if you have been badly injured and could not collect evidence at the scene. Photos have to be taken, medical records have to be gathered up and saved, eyewitness accounts need to be collected quickly, and there may be special evidence that needs to be subpoenaed, such as security camera footage.

Deal With Paperwork

Anything having to do with the law is going to involve complicated paperwork, and the more complex your case, the more paperwork there will be. If you make any mistakes, it could compromise your claim and your compensation.

Dealing with Negotiations

The goal of an insurance company is to pay out as little as they possibly can. They may try to call you and get a statement they can use against you, offer you settlements that seem reasonable at first but don’t really cover your future needs, or try to shift more blame onto you than you actually hold for the accident. They engage in delaying tactics, try to overwhelm you with paperwork, and more. Having a lawyer levels the field for you.If you’re facing a complex accident, don’t try to go it alone. Contact us now at Tanzillo Stassin & Babcock, P.C. in Dyer, IN for help.

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When you’re injured in an accident, the last thing you want to worry about is whether you’re getting a fair settlement from the insurance company. However, this is a critical concern, especially when you’re presented with the first settlement offer. For residents of Dyer, IN, understanding the nuances of personal injury claims is vital, and Tanzillo Stassin & Babcock P.C. is here to guide you through the process.

Why the First Offer is Often Low

Insurance companies are businesses aiming to minimize payouts. The first settlement offer you receive is typically lower than what you might deserve. This initial offer is often an attempt to settle quickly, hoping you’ll accept without fully understanding the extent of your injuries or damages. It’s essential to recognize this as a negotiation starting point and not the final word.

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So long as you have not reached the statute of limitations in Indiana for bringing a personal injury claim, which is two years for most claims, you can still bring a claim even if you didn’t get medical treatment immediately after the accident. However, the longer you wait, the harder it gets. Wherever you are in the process, talk to a Merrillville, IN personal injury attorney as soon as possible.

Yes, in many cases you can still file, but there are some key things you need to know:

1. It Complicates Your Case

To bring a claim, you have to show that your injuries were the result of an accident that was caused by someone else’s negligence. The problem with treatment delay is that it weakens the link connecting your injuries to the accident. The longer you delay, the easier it becomes for the other side to argue that the injuries were related to something else. They may also question whether your injuries are as serious as you claim.

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When you’ve been injured, you have the right to seek recompense for your losses from the responsible party. The amount you’ll be able to recover, however, is going to depend on a number of important factors. One of the most important is your choice of personal injury lawyer. If you’re looking to maximize your settlement in Dyer, IN, request a free consultation with us at Tanzillo Stassin & Babcock P.C.

Key Factors That Influence Personal Injury Settlements

1. How Badly You Were Injured

Medical bills are usually the biggest expense in a personal injury case, and your medical bills are usually the foundation of all the other parts of your settlement. To calculate your non-economic damages, commonly referred to as “pain and suffering,” you’ll multiply the total of your economic losses by a number between one and five. The more serious your injuries and the harder it is to recover from them, the higher that number will be. And the more medical care that your injuries required, the higher your medical bills and the bigger that first number you’ll multiply against one through five.

2. Your Liability

Indiana has a comparative fault rule that allows victims in an accident to collect compensation so long as they are not more at fault than everyone else. If there are two people involved, this means you can’t be 51% or more at fault. However, the rules also allow for compensation to be reduced by the same percentage as your fault. That means if you’re found to be 20% at fault for your accident, your total compensation would be reduced by 20%, as well. It’s important to work with a lawyer who can protect you from any attempt to blame you unfairly.

3. Insurance Limits

All insurance coverages come with limits. Thus, even if you have a very strong case, if the liable party only has a small insurance policy, you will struggle to get anything beyond the policy limits. If there are several people at fault, you may be able to bring a claim against multiple parties. And in some cases, if your losses are particularly high and if the at-fault person has plenty of personal resources, you may be able to claim something from them directly. But in most cases, insurance limits put boundaries around how much you can get in a settlement.

4. The Skill of Your Dyer, IN Personal Injury Lawyer

One of the most important factors in your settlement is the skill and experience of your lawyer. A good lawyer will be able to properly calculate the full extent of your damages, find the evidence needed to prove your request is reasonable, negotiate for you, defend you against inappropriate blame, and take care of all the legalities on your behalf.Studies show that those who bring a personal injury claim with a lawyer almost always walk away with a bigger settlement than those who don’t, even after legal fees are considered. Set up a free consultation with Tanzillo Stassin & Babcock P.C. in Dyer, IN today. We also serve Merrillville. 

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After a serious car crash, you may be quite badly injured and starting to get overwhelmed with bills, recovery, dealing with insurance companies, and more. It can be tough to even think about trying to get the compensation you deserve because there’s so much work that goes into it. A car accident lawyer in Merrillville, IN can help.

1. By Taking Over Communication

Once you call your lawyer and get the ball rolling, your lawyer can take over all communication with the other party and with the insurance companies involved. If you do get a call from an insurance adjuster, you simply refer them to your lawyer. At some point, you may need to make an official statement for the record, if you haven’t done so already, and your lawyer will help you prepare for this and be with you at every step. But otherwise, most of the communication is off your plate, and you can concentrate on healing.

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If you’ve been in an accident caused by someone else’s negligence, getting compensation is not a given. It involves bringing a claim in the right way, properly calculating your damages, negotiating with insurance companies that do everything possible to minimize their losses, and possibly even going to court. It’s always best to work with a personal injury attorney that has experience here in the Merrillville, IN courts.

It’s Not Going to Cost What You Fear

People often avoid hiring an attorney because they think they can’t afford it. There are two things you need to know about that. First, personal injury lawyers work on contingency, meaning they don’t take any fee unless they win your case.

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Getting injured because of someone else’s carelessness throws your life into chaos as the medical bills stack up. You might also be unable to work, have lingering pain, and need help just doing your everyday tasks. The good news is that you do have options, and a personal injury lawyer in Merrillville, IN can help you explore them all. Let’s walk through some scenarios where reaching out to a personal injury lawyer can turn things around.

3 Situations to Hire a Personal Injury Lawyer

1. After a Car Wreck

If you’ve been rear-ended, sideswiped, or hit in a multi-car pileup caused by a careless or distracted driver, you might think it would be simple to get compensation. Instead, you might face pushback from an insurance company. They could argue you share fault in an attempt to reduce what you can recover under Indiana’s modified comparative negligence law, which says that if you’re 51% or more responsible, you get nothing, and if you’re less responsible than that, your award drops by the same percentage as your blame. 

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When you suffer an injury due to someone else’s negligence, you may deal with long-term consequences that extend well beyond the date of the accident. You might face extended treatments, ongoing surgeries, or permanent rehabilitative needs, and Indiana law allows you to seek compensation for future medical expenses under specific conditions. A personal injury attorney in Merrillville, IN, can help examine the facts of your case so that you can confidently move forward with your life long after your case has been resolved.

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If you have been involved in an accident in Merrillville, IN that wasn’t primarily your fault, you may be eligible to claim compensation. To do this, you will need to prove the liability of the other party by providing evidence. An experienced car accident lawyer can help gather evidence and negotiate with the insurance company on your behalf to secure a swift payout.

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