Unfortunately, people are injured in accidents each day. When a person is injured in an accident caused by another person, Indiana’s personal injury laws provide a legal process for the victim to recover compensation for his or her losses, damages, and injuries.
A personal injury claim is a legal dispute between two parties in which one party is seeking monetary compensation from the other party. A personal injury claim can arise from almost any type of accident. Common personal injury claims our Bloomington personal injury lawyer handles include:
- Motor vehicle accidents
- Pedestrian accidents
- Bicycle crashes
- Premises liability claims (slip and fall accidents)
- Product liability claims (defective products)
- Medical malpractice
- Defective drugs
- Railroad accidents
Most personal injury claims settle without filing a lawsuit. However, if the responsible party and/or the insurance company refuses to negotiate in a fair manner, your Bloomington personal injury lawyer will likely suggest you file a personal injury lawsuit. Even though you name the party who caused the accident, the insurance company for that party is usually responsible for the payment of any verdict. Therefore, the insurance company may hire an attorney to defend the lawsuit to protect its interest.
Filing a Personal Injury Lawsuit
A personal injury lawsuit begins with the filing of a complaint. The complaint names the person or persons responsible for your injuries (i.e. the defendants), sets forth the allegations of wrongdoing, and demands compensation for damages. The complaint is served on each defendant who has 30 days from the date of service to respond to the complaint.
The parties then begin the discovery process. This is a process of obtaining information from the other party through depositions, interrogatories (written questions), and request to produce. The discovery process allows us to gather additional evidence regarding the claim. It also allows us to see what evidence the other party has to fight our claim.
After discovery is completed and the court has ruled on various motions filed by both parties, a trial date will be set. Each side presents its evidence at the trial. The jury uses this evidence to render a verdict. If the jury enters a verdict in favor of the accident victim, the other party has the right to appeal the decision.
Settling a Personal Injury Lawsuit
At any time prior to the jury rendering a verdict, we can settle a personal injury lawsuit and dismiss the case. In some cases, the parties agree to mediation and/or arbitration to settle the matter. Our Bloomington personal injury lawyer constantly monitors the progress of the case to determine the best routes to take to give you the best chance of a positive outcome.
An attorney cannot guarantee a specific outcome in a personal injury lawsuit; however, an experienced attorney understands the risks involved with each legal option. This experience allows the attorney to provide sound legal counsel based on years of handling personal injury lawsuits.
Call A Bloomington Personal Injury Lawyer For More Information
If you have been injured in an accident, you may be entitled to receive compensation for damages, including:
- Lost wages
- Medical bills
- Property damage
- Physical pain
- Permanent disabilities
- Long-term personal care and/or medical care
- Emotional stress and mental anguish
- Scarring and disfigurement