Injury Case Process in Indiana

If you have suffered an injury as a result of someone else’s negligence, you may be entitled to compensation. However, the process of obtaining compensation for a personal injury can be complex and overwhelming. That is why it is important to understand the typical process for a personal injury case in Indiana. Here are the steps involved:

Plaintiff is Injured

Not all injuries will result in a personal injury claim. Personal injury cases happen when someone is injured due to the negligent or careless actions of another individual or entity. This can include car accidents, slips and falls, dog attacks, and more.

Injured Person Hires an Attorney

Anyone injured by another person’s actions should contact a personal injury attorney as soon as possible to review their case and determine if a claim is appropriate. An experienced attorney can guide you through the legal process and ensure that your rights are protected.

Complaint is Filed & Served

Once an attorney is hired, they will determine the best approach for seeking compensation. In some cases, for example, a settlement may be reached with the liable party’s insurance company through negotiations. If the case cannot be resolved outside of court, then a personal injury complaint may be filed with the appropriate court and served to the defendant. The complaint outlines the allegations against the liable party(s) and requests damages for the injuries sustained.

Discovery

After the complaint is filed, both sides will engage in a process called discovery. This involves exchanging information and evidence related to the case and attempting to “discover” the facts. This can include medical records, statements from witnesses, and other relevant documents.

Pretrial Litigation

After discovery is completed, the case will enter pretrial litigation. During this stage, the attorneys may file motions and argue their positions to the judge. These motions are designed to set the most favorable terms possible for a trial if one becomes necessary.

Negotiations

Most personal injury cases are settled through negotiations without ever going to trial. During negotiations, the attorneys for both sides will attempt to reach a settlement that is fair for all parties involved. Negotiations may begin any time after a complaint is filed and may even continue after a trial has started.

Settlement or Trial

If a settlement cannot be reached, the case will proceed to trial. During the trial, both sides will present evidence and argue their case in front of a jury, and the jury will decide if the defendant is liable for the injuries sustained.

Collection or Appeal

If the plaintiff wins the case, they may be awarded damages for their injuries. The defendant may be required to pay these damages immediately or over time. If the defendant refuses to pay, the plaintiff may need to take additional legal steps to collect the damages. Additionally, if one party disagrees with the outcome of the case, they may file an appeal with a higher court.

Contact the Law Office of Paul A. Rossi, LLC for Help

Navigating the personal injury case process can be challenging, but The Law Office of Paul A. Rossi, LLC, is here to help. Our experienced attorneys have a track record of success in personal injury cases and can guide you through every step of the process. Contact us today to schedule a consultation and learn more about how we can help you get the compensation you deserve.