Car accident injuries can take anywhere from a few weeks to several months to heal, and some of them even cause permanent impairment. The problem is that the longer your treatment and recovery time, the higher your medical bills and lost income will be.

Indiana law acknowledges that when you’re injured in a preventable auto accident, you deserve financial compensation. The purpose of a car accident settlement is to cover your losses and restore your life to where it was before the collision (or at least as much as possible). The amount you receive depends on factors including the severity of your injuries, who (or what) caused the accident, and the insurance coverage available. In this guide, we’ll explain how the settlement process works and how an Indiana car accident lawyer can help.

Types of Compensation Available in Indiana Car Accident Cases

When you file a personal injury lawsuit in this state, you may be eligible for certain types of damages. Depending on the circumstances, you could potentially receive some or all of the following:

• Medical Expenses: This includes emergency room visits, hospital stays, surgeries, prescription medications, physical therapy, and ongoing medical care. Medical bills usually represent the largest portion of the economic damages awarded in car accident settlements.
• Lost Wages: You can recover compensation for time missed from work due to your physical injuries. This includes both lost wages from the time following your accident and future loss of income if you’re unable to return to work.
• Reduced Earning Capacity: Your injuries may affect your ability to work in the future. They might also limit the type of work you can perform. You could receive compensation for this reduced earning potential when your injuries impact your career prospects.
• Property Damage: This type of compensation covers repairs to your vehicle or its total replacement value if the car was irreparably damaged. It also includes damage to personal property in your vehicle during the collision, such as electronics or clothing.
• Pain and Suffering: These damages account for the physical discomfort, mental anguish, and emotional trauma you’ve experienced due to your injuries. All of these conditions can have an impact on your daily life and prevent you from enjoying it like you should.
• Loss of Enjoyment of Life: In some cases, your injuries may prevent you from participating in activities you previously enjoyed, such as sports, hobbies, or spending time with family. This compensation acknowledges these losses, which can be profound.
• Punitive Damages: While not available in every automobile accident claim, punitive damages may be awarded when the at-fault driver’s conduct was reckless or intentional, such as drunk driving or street racing. Under Indiana Code § 34-51-3-4, punitive damages in this state are capped at the greater of three times the amount of compensatory damages or $50,000, whichever is greater. 

Factors That Influence Your Car Accident Settlement Amount

Several key factors determine the value of your car accident settlement. They include, but are not limited to: 

• Injury Severity: The severity and extent of your injuries play the biggest role in determining your settlement value. Serious injuries that require extensive medical treatment, multiple surgeries, or long-term rehabilitation result in higher settlements than minor injuries that heal quickly.
• Permanent Disabilities: Permanent disabilities or disfigurement increase settlement amounts because they affect your quality of life. These conditions often require ongoing treatment and limit your ability to work or enjoy activities you once loved.
• Type of Injury: The type of injury is important, as conditions like traumatic brain injuries or spinal cord damage can alter both your daily life and future prospects. Whiplash and soft tissue injuries, on the other hand, heal comparatively quickly and won’t normally result in a high car accident settlement.
• Medical Documentation: Medical records, diagnostic test results, and treatment plans help establish the extent of your injuries and your need for ongoing medical treatment. This documentation, which is provided by your doctor, makes your ongoing care needs clearer. 
• Accident Conditions: Weather conditions, road conditions, and traffic violations can influence how fault is assigned between the parties involved. These factors help establish the circumstances that led to your collision.
• Available Evidence: The availability of witnesses, police reports, and physical evidence from the accident scene helps establish what happened and who was responsible for causing the collision. Solid evidence supports your version of events and makes your case stronger.

Indiana’s Insurance Requirements and How They Affect Settlements

Indiana requires all drivers to carry minimum liability insurance coverage of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, and $25,000 for property damage. The problem is that these minimum limits usually aren’t sufficient to cover serious injuries. When the responsible party has insufficient insurance coverage, you may need to explore other options, like your own insurance policy or a car accident lawsuit against the at-fault party..

If the responsible party doesn’t have insurance or they don’t carry enough to cover your losses, your uninsured and underinsured motorist coverage can pay for your injuries and damages. While not required in Indiana, carrying this coverage protects you from situations where you might otherwise be left without compensation for your injuries.

Finally, your own insurance policy may provide benefits through medical payments coverage or personal injury protection, depending on what you’ve purchased. These coverages can pay for your medical costs regardless of who caused the accident, providing financial relief while your settlement is being negotiated. However, your insurance company may seek reimbursement from any settlement you receive through subrogation.

The Settlement Negotiation Steps

Most car accident cases in Indiana are resolved through settlement negotiations rather than going to trial. The negotiations begin after you’ve reached maximum medical improvement, which is the point where your condition has stabilized and your medical providers can determine the full extent of your injuries. Starting negotiations too early can result in a lower settlement because you may not know the complete scope of your damages or future medical needs.

Your personal injury attorney will prepare a demand letter that outlines your case, details your injuries and damages, and requests a favorable settlement amount from the insurance company. This document serves as the opening move and provides the foundation for all subsequent discussions. The insurance company will usually respond with a counteroffer that’s lower than your demand, thereby beginning the back-and-forth negotiation.

Settlement negotiations can take weeks or months, depending on your case and the willingness of both parties to reach an agreement. Claims adjusters may try to minimize your settlement by questioning the severity of your injuries or arguing that pre-existing conditions contributed to your damages. They might also claim that you were partially at fault for the accident. Having legal representation helps protect you from these tactics and ensures that you don’t accept a settlement that’s less than what your case is worth.

Why You Should Hire an Indiana Car Accident Attorney

Insurance companies have teams of adjusters and defense lawyers working to minimize their payouts, and trying to negotiate a fair settlement on your own puts you at a disadvantage. A car accident attorney knows how to counter their arguments and prevent the insurer from taking advantage of you. Hiring legal representation also signals to the insurance company that you’re serious about pursuing fair compensation and aren’t likely to accept a lowball offer.

Your accident attorney’s role extends beyond negotiating with insurance companies. They will also investigate your motor vehicle accident, gather evidence, work with medical professionals, and calculate the full value of your damages. This approach helps build a stronger case and provides leverage during settlement negotiations. 

The value that legal representation adds to your case often exceeds the cost of hiring an experienced attorney. Studies have shown that people who hire personal injury lawyers for their car accident cases recover more money than those who represent themselves, even after paying attorney fees. This increased recovery reflects both the attorney’s ability to negotiate higher settlements and their skill in identifying all potential sources of accident compensation.

Common Mistakes That Can Reduce Your Car Accident Settlement

Many accident victims make decisions that hurt their cases and reduce their potential settlements. Being aware of these pitfalls helps you protect your interests and maximize your recovery. They can include:

• Delaying Medical Treatment: Delaying medical treatment after your accident can reduce your settlement value, as the insurance provider may argue that you weren’t as injured as you claim. Seeking medical attention creates a connection between your accident and your injuries while providing proper documentation from the beginning.
• Giving Recorded Statements: Providing recorded statements without legal representation can harm your case, as adjusters know how to ask questions that minimize your insurance claim. Statements about how you’re feeling or what happened can be taken out of context and used against you later in negotiations.
• Accepting First Offers: Accepting the first settlement offer rarely results in fair compensation. These initial offers are often far below what your case is worth and don’t account for future medical expenses or the full impact of your injuries.
• Poor Documentation: Failing to keep records of medical appointments, treatments, and expenses can result in overlooked damages when calculating your settlement demand. This includes smaller expenses like prescription medications, medical equipment, and travel costs for medical appointments, which can add up over time.
• Ignoring Medical Advice: Not following your doctor’s treatment recommendations gives insurance companies ammunition to question your injuries. Compliance with your treatment plan supports your legal claim and gives you the best chance of recovery.

How Long Does It Take To Receive a Car Accident Settlement in Indiana?

The timeline for receiving a car accident settlement varies, but most settlements are reached within six months to two years after the accident. Cases with clear liability and relatively minor injuries may settle within a few months, while personal injury claims involving serious injuries or disputed fault can take much longer. 

As we explained earlier, the negotiation begins after you’ve completed your medical treatment or reached maximum medical improvement, as this allows for an accurate assessment of your total damages. Once you accept a settlement offer, you’ll usually receive payment within 30 days of signing the release documents. An experienced lawyer can give you a better idea of when you may get your check.

Can You Still Get a Settlement If You Were Partially at Fault For the Car Accident?

Yes, Indiana’s modified comparative fault law allows you to recover damages even if you were partially responsible for the accident, as long as your fault doesn’t exceed 50% of the total blame. Your settlement will be reduced by your percentage of fault, so if you were 20% at fault and your damages totaled $300,000, you would receive $240,000. If you’re found to be 51% or more at fault, you can’t recover any damages from the other party. 

Insurance companies often try to assign more blame to you than is appropriate to reduce their payout. While this can be challenging when you’re dealing with severe injuries and months of medical care, hiring legal counsel can help ensure you receive full and fair compensation. Remember that settlement negotiations are often just the beginning, and having representation can make a real difference in how your case is resolved.

Contact Habig Injury Law for Your Car Accident Settlement

If you’ve been injured in a car accident in Indiana, let Habig Injury Law fight for maximum compensation. Our legal team has helped many clients recover fair settlements for their car accident injuries, and we work on a contingency basis, which means you don’t pay attorney fees unless we win your case.

If you would like to discuss your car accident case, contact Habig Injury Law today. You can call our law firm at (317) 642-3813 or visit our offices in Greenwood and Indianapolis. Let our experienced attorneys help you secure the compensation you need to move forward with your life.