What Are the Steps to Filing a Personal Injury Lawsuit in Indiana?

If you have been injured in Merrillville, IN, you will need a personal injury attorney to give you the best chance of securing fair compensation. An attorney can carry out investigations to ascertain liability as well as filing a claim with an insurance company. If no settlement can be agreed, a lawsuit will be required which may involve mediation or a full trial. An attorney can assist with all steps of this process to present a strong case.

Gather Evidence

If you are seriously injured, you may not be able to collect any evidence when the accident occurs. However, if you are able, it’s advisable to get as much information as possible from the scene of the accident. This could include photos and video footage, as well as details of any eyewitnesses.

Consult a Personal Injury Attorney

Don’t delay in consulting an attorney as they can assist with all aspects of your claim. Hiring an attorney early in the process allows evidence to be gathered while it is fresh, giving you the best chance for a successful outcome.

Conduct Investigations

Indiana follows modified comparative negligence laws, which means that you cannot receive compensation if you are more than 50% responsible for the accident. Your attorney will therefore carry out essential investigations to prove the other party was at fault. This may include assessing whether there is any additional third-party liability, such as mechanical failure.

File an Insurance Claim

Once your attorney has documentation to prove liability, they will file a full claim with the insurance company. Your attorney will demonstrate why the other party is liable and outline the compensation you are requesting.

Negotiate a Settlement

The insurance company may reject the claim for compensation and may attempt to claim that you were liable. Your attorney will negotiate to prove your case. The claim will only be closed if the insurance company offers a settlement that fairly compensates you for your injuries.

File a Lawsuit

If you have not been able to reach a settlement with the insurer, the next step is filing a lawsuit. This involves filing documentation with the appropriate court. Filing a lawsuit can be quite lengthy and there are time-sensitive deadlines that must be met. You will also have to exchange evidence with the other party in a process known as discovery.

Attend Mediation

In some types of claims, mediation is mandatory. In other cases, it may be ordered by the judge before a full trial begins. Mediation provides an opportunity for both parties to reach an agreement in a less formal environment. However, although both parties must negotiate in good faith, it’s not mandatory to reach a settlement.

Go to Trial

If no settlement can be reached through mediation, the claim will proceed to a full trial. You will have the option of requesting the case be heard by either a judge or full jury. Trials can be risky, but a skilled attorney gives the best opportunity of securing a successful outcome. Many lawsuits settle before reaching trial.

We have an outstanding track record with personal injury claims and are proud to serve clients across Northwest Indiana. Contact us today at Tanzillo Stassin & Babcock P.C. in Dyer, IN to schedule a free initial consultation. 

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