Being the victim of a personal injury is an unnerving experience, and knowing what steps to take immediately after can be equally daunting. This blog aims to guide you through the process in the state of Indiana. We will demystify the complexities of personal injury law, shed light on how to find the right personal injury lawyer, and guide you on how to initiate a personal injury claim.

Understanding these steps will empower you to take control of the situation, ensuring your rights are protected, and you receive the necessary compensation to cover any medical bills, lost wages and pain and suffering.

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Personal Injury Law in Indiana

Before diving into the steps to take after a personal injury occurrence, it’s crucial to understand personal injury law in Indiana – also known as tort law. In simple terms, personal injury law involves cases where an individual has been injured due to the negligence of another person or entity. This can include car accidents, slip and falls, medical malpractice, and more. The state of Indiana follows the comparative fault rule, which means that if you are found to be partially at fault for the injury, your compensation will be reduced by your percentage of fault. If you are more than 50%, you cannot recover anything. Therefore, it’s essential to gather evidence and prove the other party’s negligence to ensure maximum compensation.

The Role of Negligence in a Personal Injury Claim

As mentioned, proving the other party’s negligence is crucial in a personal injury claim. This means showing that they had a duty of care towards you, and their actions or lack thereof breached that duty, resulting in your injuries. In Indiana, there is a statute of limitations of two years for most personal injury claims. This means that if you do not file your claim within two years from the date of the injury, you may lose your chance to seek compensation.

In some cases in Indiana, if you do not do certain things within just a few months, you can lose your claim. That’s why it’s crucial to take immediate action after a personal injury occurrence. In addition, you should hire an attorney as fast as you can following your auto collision or trip and fall as evidence will disappear starting the moment after the incident.

How to Prove Negligence in a Personal Injury Lawsuit

To prove negligence, you will need to gather evidence such as witness statements, medical records, photos of the accident scene, and any other relevant documentation. It’s also crucial to seek immediate medical attention after a personal injury accident. Not only is this vital for your health, but it also serves as evidence in your claim. Additionally, keep track of all medical expenses and any lost wages due to the injury. This will help calculate the compensation you are entitled to.

Finding the Right Personal Injury Lawyer

After having a personal injury, finding the right lawyer can make a significant difference in the outcome of your case. It’s crucial to find a civil litigator who specializes in personal injury law and has experience handling cases similar to yours. Additionally, consider their track record and success rate as it can give you an indication of their capabilities. Most attorneys offer free consultations, so take advantage of this opportunity to discuss your case and see if they are the right fit for you.

Initiating a Personal Injury Claim

Once you have found the right personal injury lawyer, they will help you initiate a personal injury claim. The first step is to gather all evidence related to your case, including medical records, police reports, witness statements, and any other relevant documentation. After you have finished your medical care or at a minimum stabilized with your on-going medical care needs, your lawyer will then draft a demand letter outlining the damages you are seeking and send it to the responsible party. From there, negotiations will take place, and if a settlement cannot be reached, your lawyer will file a lawsuit on your behalf. The legal process can be lengthy, but having a skilled personal injury lawyer by your side can make all the difference in securing fair compensation.

Conclusion

Suffering a personal injury can be overwhelming, but knowing what steps to take immediately after can make a significant difference in the outcome of your case. Understanding personal injury law in Indiana, finding the right lawyer, and initiating a personal injury claim are essential elements for a successful resolution.

Remember to stay informed and take control of your situation to ensure that you receive fair compensation for your injuries. With the right knowledge and support, you can navigate through the complexities of personal injury law in Indiana and receive the justice and compensation you deserve. So don’t hesitate to take these necessary steps after a personal injury occurrence for your own peace of mind. Stay safe!

As always, we hope this information has been helpful. If you ever need assistance with a personal injury claim in Indiana, our team of experienced personal injury lawyers is here to help. Contact Craven, Hoover, and Blazek P.C. at 317-881-2700 for a free initial consultation, and let us guide you through the legal process. Your well-being and rights are our top priority.

Hiring a Personal Injury Attorney

The first step in any personal injury claim is to get legal representation. Even if an insurance company has not initially denied the claim. Insurance Companies are businesses and their goal is to make money. If they can pay less to you on any of their claims, they will. Your attorney’s job is to get them to pay what they actually owe, not what they want to pay.

Hiring an experienced personal injury attorney can significantly improve your chances of getting fully and fairly compensated for damages caused by the other party’s negligence or recklessness. A personal injury lawyer will be able to review your case and help you decide whether it’s worth pursuing legal action. They’ll also represent you in court, if necessary, and guide you through the entire process from start to finish.

Notifying the Insurance Company

The next step is in the personal injury claim process is to notify your insurance company of the incident. Your lawyer should help you with this exchange. This should include a detailed description, photos if applicable, contact information for all involved parties, and any other relevant documentation. It’s important that you provide as much detail as possible to your lawyer during this stage so they can ensure the claim can be thoroughly investigated. When involved in an injury case, numerous insurance companies are involved. Your auto insurance carrier, the defendant’s auto insurance carrier, health insurance companies including Medicare, Medicaid, Medicare Advantage, private health insurance carriers, and health insurance carriers through an employer. It is vital to hire a civil litigation attorney specializing in Indiana accident law so all of the involved parties are dealt with appropriately.

Awaiting Insurance Adjusters

Once the insurance company has been notified, they’ll typically assign an insurance adjuster who will assess the claim’s validity and decide how much compensation is due to the injured party. These reps are specifically trained to try their best to lower the value of a claim by any means necessary. If your insurance company denies payment or liability altogether, then it’s time to consider legal action and your attorney will handle that for you.

Filing a Personal Injury Lawsuit

If a defendant’s insurance company has denied your claim or your own uninsured motorist insurance company if the defendant was uninsured, then it may be time to consider filing a personal injury lawsuit. A personal injury lawyer will help you navigate the legal process of bringing your case before a judge and jury in order to seek compensation for your losses. They will also handle all of the paperwork associated with filing a suit, as well as represent you in court throughout each stage of litigation, including pre-trial motions, discovery processes, hearings, trial preparation, and more.

In all cases, your attorney will try to negotiate a fair settlement for you and indeed, most cases do eventually get settled short of going to trial, but you should have an attorney who is always preparing to go to trial and then if your case does not go to trial that is great, but preparation and being ready for the trial if necessary is paramount.

Obtain the Personal Injury Settlement You Deserve

The bottom line is that if your or the defendant’s insurance company refuses to pay on a valid claim, don’t give up! Consider seeking legal counsel as soon as possible so that your rights are protected throughout the process. With the right personal injury attorney at your side, you may have a good chance of getting fair compensation for medical bills, lost wages, pain and suffering, and other damages caused by an accident.

Would you like to speak with a seasoned civil litigator who knows how to deal with stubborn insurance companies? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with our personal injury attorneys in Indianapolis, Indiana. We represent injured victims all across the state and Indiana residents injured in other states. In addition, we offer the option to hold meetings either by phone, at your residence, online, or at the hospital if necessary.

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Steps to Take Immediately After a Personal Injury Occurrence in Indiana