What You Should Do After Being Injured in an Accident in Indiana

After an accident, your first step is to get medical attention, even if your injuries seem minor. Some injuries appear hours or days later, and medical documentation links them to the event. You should also report the accident to law enforcement or property management and request a copy of the report. Other recommended steps include:

• Collect names, contact information, and photos when possible. 
• Avoid admitting fault or giving recorded statements to insurance representatives before speaking with an attorney. 
• Indiana’s comparative fault laws can reduce compensation if you’re found partly responsible, so evidence preservation is critical. 
• Contacting a personal injury attorney early helps you protect your rights, avoid errors, and support your case. An attorney can handle insurance communication, secure medical records, and pursue fair compensation under Indiana law.

How Long Do You Have to File a Personal Injury Claim in Indiana?

The Indiana statute of limitations gives you two years from the date of the injury to file a personal injury claim. This rule applies to car crashes, slip and fall injuries, and most other personal injury cases. Missing this deadline usually means losing your right to recover damages. There are limited exceptions, such as claims involving minors or government entities, which require different timelines and notice requirements. 

Since building a case involves gathering records and witness statements, starting early prevents rushed filings or missed evidence. Our Greenwood personal injury attorneys can review your situation, identify applicable exceptions, and make sure all documents are submitted within the legal timeframe. Acting quickly also helps you secure accurate information while it’s still available.

What Compensation You Can Recover in a Personal Injury Case

The compensation available in an Indiana personal injury lawsuit depends on the severity of your injuries and how they affect your daily life. You can recover medical expenses, rehabilitation costs, and any lost income caused by missed work. If your injuries prevent you from returning to the same job, compensation for reduced earning ability may apply. Indiana law also allows recovery for pain, suffering, and emotional distress. Even property damage, such as vehicle repair or replacement, can be included in the claim. 

In limited cases involving reckless or intentional behavior, punitive damages may be available. Calculating fair compensation requires records, expert input, and supporting evidence. Our personal injury attorneys can review the impact of your injuries, calculate realistic damages, and help you pursue the recovery you’re entitled to under Indiana law.

Do You Have to Go to Court for a Personal Injury Claim?

Most Indiana personal injury claims are resolved through settlement discussions instead of a trial. Attorneys and insurance representatives exchange evidence and negotiate until a fair amount is reached. If an insurer refuses to make a reasonable offer, filing a lawsuit may be the next step. 

Once in court, both sides exchange information through a phase known as discovery. (Even then, many claims settle before trial.) When a trial is necessary, your attorney presents evidence, examines witnesses, and argues for full compensation. You’ll stay informed throughout, and your attorney manages deadlines, hearings, and communication. The objective remains the same: to resolve your claim fairly, either through a maximum settlement or, if required, by verdict.

How Do Personal Injury Attorneys Get Paid?

Our personal injury attorneys usually work on a contingency fee arrangement. This means you don’t pay upfront costs or hourly rates: the attorney receives a percentage of your settlement or award only after the case is resolved. If no recovery occurs, you owe no attorney’s fee. This arrangement allows you to pursue legal action without worrying about immediate expenses. 

The written agreement specifies the fee percentage and outlines how costs such as filing fees, expert consultations, or medical record retrieval will be reimbursed once the case concludes. Before signing with any personal injury law firm, ask for a full explanation of the fee structure and how costs are handled from start to finish.

How Does Comparative Fault Affect Your Case?

Indiana follows a modified comparative fault rule, which means your compensation is adjusted based on your share of responsibility for the accident. If you’re found 20% at fault, your total recovery decreases by 20%. If you’re more than 50% at fault, you can’t collect damages. Insurance companies use this rule to lower payouts, so accurate evidence is key. 

Your injury attorney reviews photos, police reports, and witness accounts to establish what happened and limit inflated fault claims. Even if you share some responsibility, you can still recover damages for the portion of the loss caused by others. A well-prepared case ensures your role is accurately represented and that you receive the maximum amount allowed under Indiana law.