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What Happens in the Legal System When I Suffer a Personal Injury in an Accident?

Personal Injury Car Accident Attorney Indianapolis

Every personal injury claim starts with an accident, be it a traffic accident, workplace accident, an accident at a business, at someone’s home, or elsewhere. There is always an accident. The question then becomes, “Who is at fault for the accident, and thus responsible for the injuries?”

Answering the question of who is responsible, or liable, is what the legal process is intended to determine. The end result will determine who pays for the injuries sustained in the accident.

The Legal Process Involves Many Steps

The first step in pursuing a claim for a personal injury is the decision of whether to hire a lawyer. Depending on the severity of the injuries, this decision might seem easy. Insurance companies could most easily handle an accident involving little property damage and no apparent consequential physical injuries. However, many personal injury cases go beyond that level, and hiring an attorney might prove a wise move.

Hiring an attorney makes the following steps much more predictable:

  • Pre-Suit: Before filing your claim, your attorney will gather all the relevant information necessary to proceed with your claim, including your medical records and bills, lost wage information, crash or incident reports, and any necessary witness statements. Once all of the relevant information is gathered, your attorney will likely submit a formal demand to the insurance company before filing your claim. If negotiations at this point prove unsuccessful, your claim will be filed with the courts.
  • Filing complaints: Depending upon the amount of damages involved, your attorney will file a claim for damages, known as a complaint, in either small claims court or district court. In Indiana, small claims court usually handles all claims of $6,000 or less. In Marion County, which includes Indianapolis, small claims court handles all claims of $8,000 or less. Having determined the appropriate court, your attorney will file a complaint against the party responsible for your injuries. At this point, settlement negotiations are likely to begin, especially when insurance companies are involved.
  • Discovery: Assuming no settlement is quickly reached and the defendant (the person you are suing) files an answer to your complaint, discovery begins. Discovery is when both sides of the lawsuit collect evidence for use at trial. They are permitted to seek evidence from each other, including depositions. In a deposition, the other side’s attorney asks you questions about the accident and your injuries, as well as other relevant matters. Your attorney will be present and has a role in protecting you from improper questions.
  • Pre-trial motions: Your attorney and the defendant likely will file pre-trial motions, some seeking to exclude evidence, but others seeking to dismiss the case or for summary judgment, both of which can resolve the case in favor of one side or the other. After such motions are filed, but before they are decided, one side or the other, or perhaps the judge, might call for mediation of the claims. Settlement negotiations also are likely at this point.
  • Trial: If mediation or settlement talks fail, your case will go to trial. Each side presents its evidence, and a judge or the jury will decide the result. Most personal injury cases settle before this point because the costs of going to trial are high for both sides.

If You Have Suffered an Injury in an Accident in the Indianapolis Area, Contact Personal Injury Law Attorney William W. Hurst

If you have suffered an injury in an accident in the Indianapolis area, consult a personal injury law attorney to determine your rights under the circumstances of your accident.

William W. Hurst, Attorney at Law, can assist in protecting your rights when you are involved in such an accident. You can reach him at (317) 636-0808 or at the firm’s online contact form.

Contact Us For a Free Consultation Fill out the form below to receive a free and confidential initial consultation.

FAQs
Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Our Fees

It cost $0 up front to hire our office. We work on a contingency fee basis, which means you only pay us if we settle your case or obtain a verdict on your behalf.

If we’re unable to obtain a settlement of verdict for you we eat the costs we’ve advanced to litigate your case, which includes costs for ordering medical records, filing your case, hiring experts, deposing witnesses, and many other things.

If we do settle your case or obtain a verdict for you our standard rate is 33% of the settlement or verdict, plus reimbursement for the expense we’ve previously advanced. Our fee never increases like some personal injury attorneys, even if we have to take your case to trial.

Case Worth

As a victim, establishing damages, negotiating with the insurance company, or filing a lawsuit can be daunting and next to impossible without the assistance of an experienced lawyer. As a result, if you have been hurt in an accident, it is important that you contact an attorney as soon as possible to help you recover the compensation to which you are entitled under Indiana law.

Why Hire?

Choosing an attorney that has experience dealing with personal injury law is important to protect your legal rights. If you are trying to recover damages from a business or other type of organization, you can bet that they are going to have a legal team on their side.

Medical Bills

If you were injured by an accident you may be struggling to determine who is responsible for paying your medical bills and holding them accountable. Speak to an experienced personal injury lawyer at The Law Office of William W. Hurst and learn if we may be able to help.

Recovery

After you have been injured, you are entitled to compensation. The type and amount of compensation depends on the injury, bills, the cause of the injury, negligence/bad faith of the defendant, etc. The attorney you retain can also heavy influence your recovery through knowledge, experience, and dedication. Legal terms and phrases can be confusing even after you retain an attorney. If you have been injured, you may wonder how much your case is worth or what your “damages” are. The worse the injuries, the higher the value of the case and the greater need for an experienced attorney