The process of filing a personal injury lawsuit begins when your attorney files a petition or complaint with the court. After filing a petition, the defendant will have to file an answer to your complaint.
Once both parties respond, the court will issue dates for hearings and other essential parts of the lawsuit. You can learn more about this process with an Indianapolis personal injury lawyer. Attorneys can help with all aspects of filing a lawsuit.
How Do You File a Personal Injury Lawsuit?
Your personal injury attorney can file a lawsuit by officially submitting a petition or complaint to the court. This complaint will list you as a plaintiff (or the injured party). The petition represents the first document filed with the court.
The petition (or complaint) gets served to the at-fault party (the individual who caused your injuries and financial losses). After you file your petition, the court refers to the at-fault party as the defendant.
What Should Your Petition Include?
Your personal injury petition must include information about the following:
- The reason you want to file a lawsuit
- The cause of your injuries
- The extent of your injuries
- The losses you sustained due to the defendant’s actions
- The reason the defendant should have to pay for your losses
You may need a personal injury lawyer to ensure that your petition contains all relevant information. A personal injury attorney will know what to include so you can file a valid claim in Indiana.
Your lawyer can also explain the process of filing a personal injury lawsuit in more detail.
Your Case Will Get
The Attention It Deserves
What Happens Once You File a Personal Injury Lawsuit?
After you file a lawsuit with help from your lawyer, the defendant will have a chance to submit an answer to your complaint to the court. Generally, the defendant gets 30 days to file this response.
The defendant may admit to the allegations. In this situation, your lawsuit will promptly conclude. However, the defendant may also deny your claims, refusing to cover the financial losses you sustained.
If the defendant denies your claim, the court will start setting dates for hearings. Your lawyer can explain the personal injury claim process to you so you know what to expect.
What Happens During a Personal Injury Lawsuit?
Once you file a personal injury lawsuit, you’ll go through several hearings and meetings with the court. Your lawyer will need to collect and present evidence that shows another party’s negligence to help with your claim.
Effective evidence may include:
- Statement from eyewitnesses who saw the accident
- Photos and videos from the accident scene
- Any official accident reports
- Interviews from expert witnesses
Your lawyer needs to establish that the other party directly caused your accident by proving negligence in a personal injury case.
An attorney must also show the full extent of your losses in order to bring you compensation. Depending on your circumstances, you may receive compensation for your:
- Current and future medical expenses
- Lost pay and diminished earning potential
- Property damage
- Pain, emotional suffering, and mental anguish
We know how to help with suing for emotional distress and other non-economic losses. If your lawyer.
How Long Will it Take to Resolve a Personal Injury Lawsuit?
The time to resolve a personal injury lawsuit can vary. In many situations, lawsuits take a year or more to conclude because of the time it takes to collect evidence and attend all relevant hearings through the court system.
Sometimes, the defendant will use stall tactics to try to extend the time you spend in court. You can rely on your attorney to expedite the process and deal with these stall tactics on your behalf.
Can You Wait to File a Personal Injury Lawsuit in Indiana?
Generally, you only have two years to file a lawsuit in Indiana. If you wait longer than two years, the state’s personal injury statute of limitations may expire, preventing you from securing compensation for your losses.
A lawyer can assess the specific deadline for your claim and explain the process of filing a personal injury lawsuit.
Do You Have to File a Lawsuit in Indiana?
You may not have to file a lawsuit to secure compensation for your losses after an accident caused by someone else’s negligence. Instead, your lawyer may help you negotiate a settlement with the insurance company representing the at-fault party.
Negotiating a settlement may take less time than going through court and may help you avoid court fees. You can discuss all your available options with an attorney.
Learn How to File a Personal Injury Lawsuit With Our Team
What is the process of filing a personal injury lawsuit? You begin the process of filing a personal injury lawsuit by submitting a petition or complaint to the court in Indiana.
Our team at Vaughan & Vaughan can walk you through each step of securing compensation through a lawsuit. We’re ready to help when you call or complete our online contact form.
