Ask an Attorney: What Is the Process of Filing a Personal Injury Lawsuit in Indiana

When you experience serious harm because of another person’s negligence, you have legal recourse to cover medical costs and related expenses. Indiana allows residents to seek personal injury damages after an auto accident, animal attack, slip and fall, dangerous product injury, or medical malpractice incident. Review this step-by-step guide to filing a lawsuit from your experienced personal injury attorney in Dyer, IN.

Develop the Complaint

The complaint is a legal document that establishes your intent to file a lawsuit. Your attorney will create this document, which must follow a specific format. The first part of the complaint identifies you, the defendant, and the appropriate court. Then, it states the facts in your case and explains why the defendant should be held legally responsible for your injuries. It also explains why the court has jurisdiction over this particular incident.

The next part of the legal complaint details the damages requested in the case. Finally, you and your attorney will both sign this document.

File the Necessary Paperwork

Your attorney will file the complaint with the court in the Indiana region where the injury occurred along with a summons. The summons, another legal document, alerts the defendant about the lawsuit. Most courts charge a filing fee of $100 to $400.

Some personal injury cases have special requirements in Indiana. To sue the state, you must give the relevant agency or the attorney general notice within 270 days of the injury. To sue a political subdivision, you must give written notice to its governing body and the Indiana Political Subdivision Risk Management Committee. To sue an Indiana public school, you must notify the district with an opportunity to remedy the situation outside of court.

Serve the Court Documents

You’ll also be responsible for delivery of the summons and complaint to the defendant, known legally as service. Without proper service, the court cannot move forward with the lawsuit. Although the process varies by court, your attorney will generally arrange for a court official, professional process server, or law enforcement officer to give the defendant the necessary documents.

Most courts require process service within 30 days of initiating a personal injury lawsuit. The defendant will have a chance to respond to your complaint. They may offer you a settlement. If you decide to settle out of court, your attorney can work with the defendant to negotiate a fair amount.

Attend the Hearing

After you file the complaint and summons, the court in your jurisdiction will schedule a hearing. At this session, you and your attorney have the opportunity to present evidence. To win a personal injury case in Indiana, you must prove that another person’s actions caused your injuries and that these injuries resulted in financial damages.

Indiana state law gives you two years from the date of the injury to file a lawsuit. Act quickly to retain your right to compensation. Contact Tanzillo Stassin & Babcock, P.C. in Dyer, IN today to schedule a personal injury consultation.

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