If you are injured in an accident, you may be entitled to receive compensation for your damages from the person or parties that caused the accident. For example, if another driver turns left in front of your vehicle or rear-ends your vehicle and you are injured, you can file a claim against that driver’s insurance policy for reimbursement of your out-of-pocket expenses. These expenses, also known as economic damages, include medical bills, lost wages, property damage, personal care, and travel expenses.
You may also be entitled to receive compensation for non-economic damages. Non-economic damages include physical pain, scarring, mental anguish, permanent disability, and emotional stress. To receive compensation for your damages, you must file an accident claim. Most claims are settled without the necessity of filing an injury lawsuit; however, that is not always the case.
Filing an Injury Lawsuit
The decision to file an injury lawsuit is one of the most important decisions you will make regarding your accident claim. As discussed above, most claims are settled without filing an injury lawsuit. Your Indiana personal injury attorney discusses all options with you and the factors used to determine whether filing an injury lawsuit is in your best interest.
Some factors we consider before filing an injury lawsuit include:
- What is the risk of losing?
- How much will it cost to litigate the case?
- Do we believe we can win an amount large enough to make it worth filing a lawsuit?
- How long will it take to complete a lawsuit?
- What are the possible defenses to the lawsuit?
- Is the chance of receiving a higher amount worth the delay in compensation for the victim?
- Is the other party likely to appeal if we win the case?
One of the main reasons for filing a lawsuit is the other party’s failure to negotiate in a fair manner. By negotiating with the insurance company for the other party, we can arrive at a compromise for a settlement that all parties can accept. Unfortunately, in some cases, the insurance company for the other party refuses to negotiate in good faith thereby creating the need to file an injury lawsuit to resolve the matter.
After weighing all the factors, if you agree that filing a lawsuit is the best course of action, we proceed to file the case and serve the defendants with a copy of the complaint.
Going to Trial
Even though we file a lawsuit, we are not ready to go to trial immediately. After the lawsuit is filed, each party is given the opportunity to conduct discovery. Discovery is the process of obtaining information from the other party about the other party’s evidence. The information we obtain through discovery can help us build a strong case by revealing the weaknesses in the other party’s case. Discovery can also help us to understand the weaknesses in our case so that we can prepare to defend against those weaknesses at trial.
After completing discovery and filing pre-trial motions, we are ready to move onto the trial. However, it is important to note, that we can settle the case at any time prior to the jury rendering a verdict. In other words, we can settle an injury lawsuit even if the trial has already begun. In some cases, the trial is what pushes the other party to settle the case. Once the party sees how strong our case is, it may encourage the party to settle the case for fear of a large jury award. At that time, our attorneys must weigh all factors very carefully to determine if settling before the end of the trial is in your best interest.
Call Our Office for A Free Appointment with An Indiana Injury Lawsuit Attorney
Our Indiana injury lawsuit attorneys are skilled negotiators and highly-trained trial litigators. Therefore, they have the skills and experience you want fighting for your right for receive compensation for your injuries.