Where Do I File a Personal Injury Complaint?

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700
Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000.  Starting on July 31, 2021, the limit will be raised to $10,000.  If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident lawyer. We serve clients throughout the state of Indiana.

You Should Also Read:

Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?

Indianapolis Personal Injury Lawyers 317-881-2700
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4 Reasons Why Your Accident Case Will Likely End in a Settlement

In a personal injury case, a settlement is reached when the defendant’s insurance adjuster offers compensation to the plaintiff or injured party. Upon accepting the offer, the plaintiff fully relinquishes all rights to pursue any other claims against the defendant in relation to the personal injury case. It is a fact that most accident claims settle rather than go to trial. But why do most personal injury claims end this way? Well, for the same reasons yours likely will.

Continue reading to learn 4 reasons why your personal injury case will probably settle out of court, and how to get your accident claim on this track toward a successful outcome.

Indiana Accident Claim Law Firm
Indiana Accident Claim Law Firm 317-881-2700

At Which Point are Settlements Offered in a Personal Injury Case?

During the course of a personal injury accident case, a settlement might be offered by the opposing party at virtually any point. Most often, a settlement is submitted by the insurance adjuster after the accident claim arises, but before it is actually filed. This is a strategy used by insurance companies to get the injured victim or plaintiff to quickly settle for a small payment. In fact, this technique is a prominent reason why all accident victims need to hire a seasoned and skilled Indianapolis personal injury lawyer to represent their case.

Without adequate legal representation, accident victims are more vulnerable to accepting an offer that is less than what their claim is actually worth. Be sure to hire an experienced Indiana personal injury attorney as soon as possible to get your claim started on the right track, and to obtain the maximum settlement or verdict for your case.

Many Personal Injury Cases Settle Out of Court Because:

1. Cost Control and Risk Mitigation

Agreeing to a settlement tends to put personal injury defendants’ insurance carriers at an advantage because they have more control over the risks that might be involved in facing litigation from an injured victim. At the same time, they can mitigate their legal expenses by avoiding certain costs or excessive fees. You see, most insurance companies have it in their business model to payout such claims, as it is usually an inevitable aspect of the industry. But they do not want to pay too much, nor more than they have to. Trial is expensive, and you never know just how long it can go on. By avoiding trial, insurance companies avoid paying extra in court fees and legal costs.

2. Professional Discretion

Insurance companies do not like to put their legal matters in the public eye. So, many choose to settle with accident victims to avoid going to trial, which would be included in public records. This protects their public brand, character, value, and overall reputation. This is very common in defective product and product liability cases. Manufacturers and distributors do not want to be known for producing unsafe or dangerous products, so they will usually try to avoid going through a big public trial. It is common for settlements to attempt to include a requirement of confidentiality, protecting the defendant from negative publicity.

3. Faster Resolution and Remuneration

For accident victims, settling out of court will speed up the process for full and fair compensation. Trials can extend over a period of several months, sometimes years. When you add in appeals, it can take even longer to reach a resolution, and the resolution might not be what a plaintiff might expect. Furthermore, waiting this long to collect compensation for an injured victim’s damages and losses can cause excessive stress and struggle for both the victim and their immediate family.

4. A Guaranteed Payout

The primary reason why most personal injury cases settle out of court is because it gives the plaintiff, whether the injured victim or their next of kin, the guarantee of payment. Not only does a plaintiff know they will be compensated, but with the help of their lawyer, they will have an opportunity to negotiate for a fair settlement amount.

Your Leading Personal Injury Lawyers in Indianapolis, Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our skilled personal injury accident attorneys in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing injured victims in various types of personal injury cases. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you! We represent injured persons throughout the State of Indiana.

Indianapolis Personal Injury Lawyers 317-881-2700
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