Car accidents can take a toll on victims' personal, professional, and financial lives. Individuals who have been injured in a motor vehicle crash or similar incident often have a hard time dealing with intense physical or emotional pain.
These situations can also lead to huge medical bills, lost wages, and vehicle or property repair costs, making a car collision even more overwhelming and traumatic for injured parties.
Fortunately, in Indiana, car accident victims can take legal action against the at-fault driver, hold them accountable for their behavior, and recover financial compensation.
This guide contains information on the steps that must be completed to file a personal injury claim under these circumstances.
The Indiana Fault-Based Auto Insurance System
Indiana is a "fault" state, which means car accident victims must file a claim against the insurance policy of the responsible driver (the one who caused the crash) to recover compensation.
In states that follow this fault-based system, individuals who are found liable for a person's injuries and losses are legally and financially responsible for such damages. These parties must pay compensation to victims.
However, it's important to know that the Indiana Comparative Fault Act allows the state's juries to evaluate the degree of liability of each party involved in a car accident to determine the amount of money claimants can recover.
If the plaintiff is found to be partially liable for the car crash, the compensatory amount will be reduced by their percentage of fault. In addition, they'll only be able to recover damages if they're less than 50% responsible for their injuries.
How to File a Car Accident Claim in Indiana
Under Indiana laws, individuals who have been injured in a car accident caused by someone else have two options to recover compensation. These are:
File a claim with the at-fault driver's car insurance company
File a personal injury lawsuit against the at-fault party
In Indiana, most car accident claims are handled outside of court. More often than not, insurance companies and victims' lawyers try to reach a fair settlement to avoid going to trial.
When the at-fault driver's insurance company and the injured person's legal team cannot reach an agreement, victims can file a car accident lawsuit against the other driver.
Indiana's tort law aims to grant fair remedies to injured parties who cannot recover compensation from the person or entity that harmed them.
Although the legal process is more tedious and time-consuming, personal injury lawsuits typically provide the maximum possible compensation. For more information, a car accident attorney in Indianapolis may be able to help.
Filing a Car Accident Claim with the At-Fault Driver's Insurance Company
If victims want to avoid the overwhelming legal process and choose to settle the case out of court, their attorneys should contact the responsible driver's insurance company and negotiate a settlement. This is the easiest and fastest way to recover compensation.
The Car Accident Lawsuit Process
When insurance companies and victims' legal teams are unable to negotiate a fair settlement for car accident claims, injured parties can file a lawsuit by completing the following steps:
1. Contact a Car Accident Lawyer
Whether they want to reach a settlement before trial or take legal action against the at-fault driver after a crash, victims should contact an experienced attorney. They're also able to help with how to file a lawsuit for truck accident in Indiana.
An Indiana car accident lawyer knows how the state's legal system works and can thoroughly investigate the case to determine the best course of action. Moreover, an attorney will try to collect as much information as possible to support their claims.
2. File a Demand Letter
After evaluating the case, the attorney files a demand letter, letting the at-fault party or their insurers know how much they believe the car accident claim is worth.
3. File a Complaint
If victims decide to pursue a personal injury lawsuit, attorneys must determine which court has jurisdiction over the case, which is often the one in the county where the accident occurs.
The next step is to file a complaint with the appropriate court. This document should specify that the plaintiff plans to take legal action against the at-fault person or their insurance company and outline the facts of the case, including how much compensation victims expect to recover.
Defendants have a limited period to file a response, and victims should seek advice from their attorneys to act accordingly.
4. Prepare the Case
During the discovery stage, attorneys from both parties prepare the case. To support the lawsuit, victims’ lawyers should collect the following:
Photos or videos of the accident scene
Accident reports
Witness statements
Medical records
Documents proving lost wages
Expert testimonials
Both sides must share the information they've gathered with each other, so both plaintiffs and defendants can review the facts of the case and prepare for trial.
5. Present the Case in Court
The next step is the trial. If the case isn't settled or dismissed, victims' attorneys must present the case before a judge or jury. At-fault parties can defend themselves against these claims.
Trials are usually lengthy. Once both sides present their cases or defenses, the judge or jury must decide the outcome, which also takes time.
6. Get a Verdict
After reviewing the evidence that both parties present, the judge or jury issues a verdict siding with either the plaintiff or the defendant. If the decision benefits victims, the court can award compensation for their damages, which may include:
Medical treatment expenses
Future medical bills
Pain and suffering
Property damage
Lost wages
Reduced earning capacity
Disability
And more
At this point, if the plaintiff or the defendant disagrees with the judge's or jury's decision, they can file an appeal.
Final Thoughts
Since Indiana car accidents are handled under tort laws, victims can seek help from a personal injury lawyer to try to recover compensation for their expenses and losses.
This state follows an at-fault negligence system, so injured people can file a claim with the responsible party's insurance company.
If both sides fail to reach a fair settlement, victims can take legal action against the individual or entity that caused the accident by filing a lawsuit with the appropriate court. However, it's essential to get legal advice and complete certain steps to secure the best possible outcome.
Contact Schuerger Shunnarah Trial Attorneys!
Hiring a car accident lawyer can greatly benefit people who have been injured due to someone else's negligence or misconduct in Indianapolis, Indiana. Fortunately, victims can find an experienced and reliable one at Schuerger Shunnarah Trial Attorneys.
Our legal team has years of experience in car accident cases and is ready to go to war for our clients. Contact us today!