An Indiana car accident case (also called a personal injury claim or a negligence suit) is the series of civil law proceedings following a traffic accident. It establishes the degree of fault of the parties involved and typically awards “damages” in the form of financial compensation, usually awarded to assist the plaintiff with costs related to an accident. In some cases, compensation is offered as a punitive measure against the offending party. An Indiana car accident lawyer will listen to the details of your case to help you determine when compensation seems like a viable pursuit.
Conditions That Warrant an Indiana Auto Accident Case
Not every car accident requires the assistance of an Indiana car accident lawyer or a personal injury lawsuit. Instances in which the sustained injuries are very minor and there is no disagreement about the nature of fault and compensatory damages often don’t require an attorney.
However, you should still speak with an attorney who can listen to the facts of your case and inform you about the specific courses of action to take or avoid as you proceed.
Bear in mind that auto accident proceedings are time-consuming and that it’s difficult to say up front how much a case is worth. Beware of any Indiana car accident lawyer who is quick to throw out impressive dollar figures. Until the specific details of your accident are fully and thoroughly explored, it’s all but impossible to pin a value to your case.
An Indiana car accident lawyer can assist you with your Indiana car accident case and can answer any questions you have about your case and how Indiana personal injury laws such as comparative negligence will impact your claim’s success. Contact an attorney to schedule a no-cost consultation about your Indiana car accident case.
What You Need for Your Indiana Auto Accident Case
If your case cannot be settled, you and your Indiana car accident lawyer may choose to elevate your case to a lawsuit. You or your attorney will file a complaint with a local court and it will be served to the defendant, usually with a specific time frame in which the defendant must reply.
After your lawsuit has been filed with the court, there is a “discovery” period where you and the defendant will gather information about the facts of the case.
This is done in several ways as followed:
- Written questions
- Sworn testimony before a court reporter
- Requesting documents from the other party
- Other methods of gathering information
The information you collected at the scene of the accident and in the ensuing weeks will be valuable during the discovery process. After pre-trial motions are heard and discussed, some courts require the attorneys of the case to meet to see if a settlement can be reached before going to trial. Although many do settle, not all attempts are successful, and sometimes going to trial is the only recourse for fair compensation.
While the court is determining the judgment, they will take into consideration a number of various factors in your Indiana car accident case, such as:
- Cost and severity of injuries and the expenses that go along with them. Pain and suffering will also be taken into consideration, as well as lost wages and decreased capacity for earning, if your injury is severe.
- Damaged property for what was destroyed or damaged by the accident.
- Percentage of fault on the part of the defendant and plaintiff. For instance, if the accident was 10% your fault, and the value of your injuries and damages is determined to be $100,000, your judgment will be decreased by 10% – $10,000 – leaving you with a $90,000 judgment.
While this only covers the basics of an Indiana car accident case, an Indiana car accident lawyer can provide you with more information and evaluate your case in a no-cost consultation.