When injuries happen, the first thing that victims should worry about is how to feel better, and the last thing they should have to worry about is money. Sadly, money concerns are often the first things that victims are concerned with because personal injuries can be financially devastating as well as physically devastating. The right personal injury lawyer can help you understand the Indiana personal injury lawsuit process and how to fight for compensation for your injuries.
Quickly finding the right Indiana personal injury lawyer after an injury occurs is ideal because there are deadlines for taking legal actions after a personal injury. If you are wondering how to go about filing an Indiana personal injury lawsuit, and when to file, contact Camden & Meridew, P.C. to get your questions answered.
Indiana Personal Injury Lawsuit Basics
A personal injury is a type of injury that can be physical or non-physical. In a personal injury case, the victim seeks damages as compensation for the injury. The injuries in these cases can be due to negligence, intentional behavior, or even a defective product.
The injuries involved in Indiana personal injury lawsuit claims can arise from a variety of injuries such as the following:
- Accident (such as automobile, work-related, product-related);
- Slip and fall;
- Medical malpractice;
- Nursing home event;
- Assault; or
- Other activity.
Personal injuries are not always visible to the body and might arise from such injuries as intentional infliction of emotional distress, defamation, or invasion of privacy, for example. These injuries still fall within the ambit of personal injury claims.
A personal injury lawsuit is a civil suit, not a criminal one, so the end goal is to obtain compensation for the injuries. Compensation might take the form of money for medical expenses, lost wages, distress, or pain and suffering among other claims.
Stages of an Indiana Personal Injury Lawsuit
Regardless of the type of injury, and absent any unusual factors, the path of a personal injury lawsuit tends to take this route when an attorney is involved:
- An injury occurs.
- A victim seeks care for the injury.
- Bills start to accumulate.
- The victim contacts an attorney.
- The attorney evaluates the case, investigates the events, gathers information, considers all potentially liable parties (including insurers, liable persons or entities, etc.), and develops the most advantageous litigation strategy.
- The attorney communicates with all relevant stakeholders, often for purposes of negotiating a settlement or in anticipation of a lawsuit.
- A settlement is reached or a lawsuit is filed.
Ninety-five to 96 percent of personal injury cases manage to settle before the underlying lawsuit reaches a courtroom. Insurers and opposing counsel may push for settlement from early in the case, so it’s important to have the experience of an attorney familiar with the process and the negotiation and mediation skills to influence and effect a positive outcome for personal injury victims. Working with an inexperienced attorney can result in missed deadlines and extra time to learn how to handle the case, which can delay—or eliminate any chance for—your much-needed compensation. A Carmel Fishers personal injury attorney from Camden & Meridew, P.C. is fully equipped to capably handle your personal injury case, having experience and knowledge about all of the following:
- The deadline for filing a personal injury claim;
- The conversations to have (and with whom) to further your claim;
- The types of and caps on damages; and
- The strategies to employ when dealing with Indiana’s rules of contributory fault or comparative fault laws.
Important Information about Deadlines for Filing Personal Injury Lawsuits
There are many dates of interest in any lawsuit, but three stand out for purposes of an Indiana personal injury lawsuit:
- Indiana Code § 34-11-2-4 set a two-year statute of limitations for personal injury lawsuits (measured from the date of injury), found at.
- Indiana Code §13-3-8 gives personal injury victims 180 days from the date of injury to file a tort claim notice against a political subdivision, such as a city, a county, or another local subdivision or agency.
- Indiana Code § 34-13-3-6(a) gives personal injury victims 270 days from the date of injury to file a tort claim notice against the State of Indiana.
There are some exceptions. For instance, the statute of limitations may be suspended or tolled if an injury causes incapacitation, if a case involves minors, or, as in medical malpractices cases or cases involving illnesses contracted at work, if the injury was not discovered or could not be discovered until later.
Questions? Ask an Attorney Who Knows Indiana Law
If you have suffered an injury and are wondering if an Indiana personal injury lawsuit is the way to go, do not delay because the clock is running. Reach out to Indiana personal injury lawyer David Allen at Camden & Meridew, P.C. today at 317-770-0000, or complete our online contact form for a consultation.