If you’ve been injured in a car accident that was caused by someone else’s negligence, you could have the right to file compensation through an insurance claim or a car accident lawsuit. Many people think that filing these types of claims are pretty easy and straightforward, but that isn’t always the case. Below are some of the most important things you need to know about filing a car accident lawsuit in Indianapolis.
Working with an experienced Indianapolis personal injury lawyer can help you navigate the process and improve your chances of success. Below are some of the most important things you need to know about filing a car accident lawsuit in Indianapolis.
Insurance Claim vs. Car Accident Lawsuit
After a car accident in Indiana, most people wonder whether to resolve their case through an insurance claim or to take it further by filing a lawsuit. Understanding the difference between these two routes and which one to use can help you get everything you are entitled to.
Your Case Will Get
The Attention It Deserves
Insurance Claim
An insurance claim is the first step most accident victims take. This involves notifying your insurance company (or the other driver’s insurer), submitting evidence, and negotiating for compensation to cover your repairs, medical bills, and other losses. This process is handled between you and the insurance adjuster. Insurance claims tend to be quicker and less costly than lawsuits, and work best for more straightforward collisions where fault is clear and damages can be agreed on without major dispute.
Car Accident Lawsuit
If you and the insurance company can’t agree on who was at fault or how much you should be paid, filing a lawsuit might be necessary. A car accident lawsuit makes your case official in court, letting a judge or jury decide who’s responsible and what compensation you deserve. Lawsuits tend to take longer and involve more complex legal work, but they give you a chance if your losses are severe, your claim is denied, and the insurer isn’t willing to give you what you deserve. If you’re unsure whether to pursue an insurance claim or file a lawsuit, reach out to our knowledgeable attorneys as soon as possible.
Steps to Take When Filing a Car Accident Lawsuit
If you ultimately decide that it’s best to file a car accident lawsuit, here are the most important steps you can take:
Consult a Personal Injury Lawyer
From the very beginning, it’s a good idea to have an attorney on your side who knows car accident law and local court processes. Legal guidance helps you avoid mistakes and value your claim appropriately. Even if you aren’t quite sure if you are filing a lawsuit or not, you should speak with an Indianapolis car accident lawyer as soon as possible.
Gather Evidence
Collect as much information as possible early on. This includes photos of the accident scene, all vehicle damage, police reports, contact information for witnesses, and thorough documentation of your injuries and treatment. Strong evidence supports your version of what happened and makes a big difference when negotiating settlements or presenting your case to a jury.
Attempt To Reach a Settlement
Almost all car accident claims are settled outside of court. Your lawyer will present your evidence, injuries, and losses to the at-fault driver’s insurance company in an attempt to reach a fair settlement.
File a Complaint with the Court
If the insurance company doesn’t offer a fair amount or constantly delays, the next step is to formally begin a lawsuit. This involves filing a legal document called a complaint with the appropriate court. The complaint outlines your damages, account of events, and what relief you’re seeking.
Serve the Defendant
Once the lawsuit is filed, you must formally notify the other side that they are being sued. This is usually done via a process server, and your lawyer should be the one to take care of this.
Mediation or Settlement Discussions
Before a case goes to trial, courts often want both parties to try settling again, but this time with the help of a neutral mediator. Mediation is an organized conversation, not formal testimony, that can bring the two sides closer without the need for a lengthy trial. Many lawsuits end in settlement during or shortly after this stage.
Go to Trial
If all other efforts fail, your claim goes to trial. That’s when your lawyer presents evidence and arguments before a judge or jury, who then decides fault and how much money (if any) you’re owed.
Be Aware of The Statute of Limitations
In Indiana, you generally have 2 years from the date of your car accident to file a lawsuit. If you miss that deadline, you’re barred from recovering compensation. IC 34-11-2-4 Injury or forfeiture of penalty actions Sec. 4. (a) An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues. However, if the case involves a minor child or you couldn’t have discovered an injury until later, the clock may be extended. Because these exceptions can be complicated, contacting a lawyer as soon as possible ensures you don’t accidentally miss out on your chance to recover compensation. If you’re ready to learn more about a potential car accident case, we’re here to help. Contact us today to schedule a free consultation.
