Indiana Car Accident Lawsuit
How Do I Know if I Should File a Lawsuit?
Indiana does not restrict or limit tort liability lawsuits after car accidents. This doesn’t mean it always makes sense to sue. There are certain situations in which you might want to consider filing a car accident lawsuit if:
- The insurance compensation doesn’t cover all your expenses
- The insurer offers you less than you think you deserve
- Your injuries are severe, debilitating, or potentially permanent or long-term
- Your resulting expenses are significant
- The accident has left you with considerable emotional trauma
- You are unable to work, have lost wages, or may not be able to work the same job or at all in the future
- You lost a loved one in the accident
A car accident lawyer in Indiana is the best person to advise you on filing a lawsuit. There may be a simpler or better solution, but if a lawyer agrees that suing makes sense, they can also represent you.
How Does an Indiana Car Accident Lawsuit Work?
Filing a lawsuit can be complicated. It’s important that you work with an experienced car accident lawyer who knows the laws of the state and the court system. Once you have selected an attorney or firm to represent you, your case will proceed through several steps:
- Filing a complaint in the courts
Your lawyer begins the suit by filing this document with the correct Indiana court. The complaint outlines your allegations, notifies the defendants in the case, and lists what you want to recover in damages. - Building a case during discovery
A complaint filing triggers the discovery period. This gives legal teams on both sides of the lawsuit time to investigate, build a case, and share information. Your lawyer will continue looking into the accident, working with experts, talking to witnesses, and holding depositions. - Negotiating a settlement
If possible, your lawyer will likely advise you to go for a pre-trial settlement. They will negotiate with the defendant’s lawyers to agree to a fair amount of compensation so that you get the money sooner. - Litigating before a jury
If you cannot get a fair settlement, you can push the case to court. A jury decides here if you should be awarded damages. The jury can also decide on the amount, although the judge can change that amount based on state law. For example, if you are at fault t some degree, the judge must reduce the award. - Fighting an appeal if necessary
Even when you win the trial, the defendants may appeal. Your lawyer will go on to a higher court to defend the jury decision.
What is the Statute of Limitations for Filing in Indiana?
Indiana gives you two years from the time of the accident to file a lawsuit. The deadlines for filing a claim against a government agency or employee are even shorter. Because of these deadlines, you must talk to a lawyer soon after your accident to get the ball rolling.
Is it Difficult to Prove Negligence in a Car Accident?
This depends on the unique factors in your case. In Indiana, as in other states, showing that the defendant owes you damages means proving four things:
- The defendant had a legal duty to act a certain way, such as following traffic laws or driving with care.
- The defendant breached that duty and caused the accident.
- The accident caused your injuries.
- Your injuries resulted in significant damages.
Your lawyer needs a lot of information to prove these things, which in some cases is straightforward. They need witness descriptions, physical evidence from the accident, your medical records and bills, medical expert testimony, and information about how the injuries have affected you.
Can My Lawyer Tell Me What My Car Accident Lawsuit is Worth?
Your lawyer can make a reasonable estimate based on past experience, state law, and the factors of your case. They cannot promise you an exact figure. To do so would be unethical. For an experienced car accident lawyer, estimates are fairly accurate.
To estimate damages, your lawyer looks at your injuries, your medical bills, any future expenses you may have for the injuries, and how the injuries affect your work and earnings. They’ll also consider how the accident affected you emotionally and may continue to cause issues in the future.
Examples of Indiana Car Accident Lawsuits
No one can be certain of the outcome of any car accident case. Your lawyer can advise you of the likely outcome, but this is not guaranteed. Examples of other cases from around Indiana can give you an idea of what you might expect and what a good legal team can do for clients:
- $1.2 Million for Fatal Police Chase. The family of Juliana Chambers sued the cities of Hammond and East Chicago, as well as individual officers after the 13-year-old died during a chase in 2017. Officers pursued a woman who shoplifted a case of beer. That vehicle struck the car the girl was in with her grandmother, Theresa Paramo. Paramo suffered serious injuries, and Chambers died.[1]
- $1 Million for Road Rage Incident. Melanie Pryor of Schererville suffered broken bones and injuries that required surgery after an incident in 2019. A man stopped his car in front of her in traffic, feeling she had cut him off. A semi then rear-ended Pryor’s vehicle. She was able to get a pre-trial settlement for her physical and emotional harm.[2]
- $21 Million Award for Drunk Driving Accident. Gregory Smith and Nolan Clayton drank together in 2016 and were kicked out of a bar. Employees called a cab, but they got into a vehicle, and Clayton drove. They crashed into a tree, ejecting Smith from the car and ultimately rendering him paralyzed. Smith sued Clayton and won a jury award of $35 million, reduced to $21 million for his own role in the accident.[3]
These accidents are just a few examples of what lawyers do for their clients every day in Indiana. If you have suffered serious injuries from a road accident, contact a lawyer to find out what you can do about it.