If you’ve recently been injured in a car accident, you may be struggling with physical pain, mounting medical bills, lost income, and a variety of other personal and financial struggles. Most accident victims hope for a straightforward resolution through the at-fault driver’s insurance, but that’s not always how things unfold. In some cases, filing a lawsuit may be necessary to get the compensation you need to recover and move forward.
If your accident was caused by the negligence of another driver, you may have grounds for a personal injury claim against them. Filing a lawsuit can be intimidating, but with the right information and legal guidance, you can protect your rights and seek the compensation you deserve.
At Habig Injury Law, our dedicated Indiana car accident lawyers help car accident victims fight for fair compensation. Contact us today at 866-638-8049 to discuss your case in a free consultation.
When Can You Sue After a Car Accident in Indiana?
Not every car accident leads to a lawsuit. In many cases, the at-fault driver’s insurance company covers the damages through a settlement. But when insurance companies refuse to cover the full extent of damages or deny claims entirely, car accident victims may need to sue to recover the compensation they deserve.
In Indiana, you have the right to sue another driver after a car accident if their negligence caused you harm. Common situations in which a lawsuit may be necessary include:
- Severe injuries or permanent disability that result in high medical bills and long-term care costs
- Insurance denials or delays, especially when liability is clear
- Uninsured or underinsured drivers who cannot fully cover damages
- Disputed fault, where the other driver blames you for the accident
- Bad faith insurance practices, such as deliberately undervaluing your claim or refusing to investigate
Determining Fault for Car Accidents in Indiana
It’s important to understand that Indiana is a fault-based state. This means that the person responsible for causing the crash is also financially responsible for damages.
However, Indiana also follows a modified comparative fault rule under Indiana Code § 34-51-2. If you’re found to be more than 50% at fault for the accident, you can’t recover any compensation. If you’re 50% or less at fault, your recovery will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found to be 20% at fault, your compensation will be reduced to $80,000.
Determining fault and liability is not always straightforward. It’s best to work with a knowledgeable Indiana car accident lawyer who can make sure you understand your legal rights and that you don’t accept less than you deserve.
Steps to Take Before Filing a Car Accident Lawsuit
Before you take legal action against another driver, there are several important steps you should take to protect your health and strengthen your case. Skipping these steps can make it more difficult to recover full compensation or may even jeopardize your case entirely.
Seek Medical Treatment
Your health should always be the top priority. Even if you feel fine right after the crash, you should still seek treatment, because injuries like whiplash can take time to develop.
Prompt medical care is not just important for your health, but also for your legal claim. It creates a clear record of your injuries, which will be critical in proving the extent of your damages if you decide to file a lawsuit.
Delaying treatment may give the insurance company or defense attorneys an excuse to argue that your injuries aren’t as serious as you claim or weren’t caused by the accident.
Gather Evidence
The more evidence you can gather, the better your chances of securing fair compensation. If you’re physically able to, try to collect the following evidence after the crash:
- A copy of the official police report
- Photos of the accident scene, vehicle damage, and your injuries
- Contact information for any witnesses
- Dashcam or surveillance footage, if available
If you’re unable to gather this information yourself, an Indiana personal injury lawyer can help obtain it during the investigation process.
Notify Insurance Companies
You’ll need to report the accident to your insurance company, and possibly to the at-fault driver’s insurer as well. Be cautious when speaking to any insurance adjuster. Stick to the facts and avoid guessing or speculating. Never admit fault, and don’t provide a recorded statement without first speaking to a lawyer. Insurers often look for ways to minimize payouts, so even innocent-sounding comments can be used against you later.
Consult a Personal Injury Attorney
Before you make any major decisions or accept a settlement offer, it’s wise to speak with an experienced car accident lawyer. A lawyer can evaluate your case, explain your legal options, handle communications with the insurance companies, and provide legal guidance throughout the entire process.
Early legal guidance can prevent costly mistakes, such as missing key deadlines or underestimating the long-term cost of your injuries. At Habig Injury Law, we offer free consultations and work on a contingency fee basis, meaning you don’t pay unless we help you recover compensation.
Attempt Settlement Negotiations
Lawsuits can take months or even years to resolve. That’s why most personal injury claims begin with efforts to reach a fair settlement outside of court. Your attorney will typically send a demand letter to the at-fault driver’s insurer outlining your damages and requesting compensation.
If the insurance company refuses to make a reasonable offer or denies your claim altogether, your attorney may recommend filing a lawsuit to pursue the compensation you deserve in court.
How to File a Lawsuit After a Car Accident
If negotiations fail to produce a fair settlement, filing a lawsuit may be your best option to recover full compensation. Here’s a breakdown of the key steps involved in filing a car accident lawsuit in Indiana.
Hire an Attorney
The first and most important step is hiring an experienced Indiana car accident lawyer. Lawsuits require in-depth legal knowledge, familiarity with court rules, and the ability to build and present a persuasive case. Your attorney will guide you through the process, protect your rights, and fight for the maximum compensation you deserve.
File a Complaint
To officially start your lawsuit, your lawyer will file a legal document called a complaint in the appropriate Indiana court. The complaint outlines your allegations against the defendant (the at-fault driver), describes the accident, details your injuries and damages, and states the amount of compensation you’re seeking.
Serve the Defendant
After filing the complaint, the defendant must be served with a copy of the lawsuit and a court summons. This step formally notifies them of the legal action and gives them a deadline to respond. If the defendant isn’t served correctly, your case can be delayed or even dismissed. Your lawyer will ensure service is handled according to Indiana’s legal requirements.
Defendant’s Response
Once served, the defendant has a limited time (usually 20 days) to respond. They have the following options:
- File an answer, admitting or denying the allegations
- Submit a motion to dismiss, arguing the case should be thrown out
- Raise counterclaims, accusing you of contributing to or causing the accident
Your lawyer will review the response and begin preparing for the next phase of litigation.
Discovery Phase
During discovery, both sides gather and exchange information about the case. This phase may include the following steps:
- Interrogatories (written questions answered under oath)
- Requests for documents such as medical records and repair estimates
- Depositions, where parties and witnesses answer questions under oath
Discovery helps each side understand the strengths and weaknesses of the case and often leads to further settlement discussions.
What to Expect During the Legal Process
Once a lawsuit is filed, the case moves into several phases. While some cases are resolved through settlements, others proceed all the way to trial. Here’s an overview of what happens during the legal process in an Indiana car accident lawsuit.
Settlement Talks and Mediation
Even after a lawsuit is filed, there are still opportunities to settle the case. In fact, most car accident lawsuits are resolved before trial. Your attorney and the defendant’s legal team may continue negotiations throughout the litigation process.
Mediation is another option, where a neutral third party helps both sides try to reach an agreement. If mediation is successful, the case ends without needing a trial.
Pre-Trial Motions
Before trial, either party may file pre-trial motions that can influence the course of the case. These include:
- Motions to dismiss based on legal technicalities
- Motions for summary judgment, asking the court to rule based on undisputed facts
- Motions to exclude evidence that may be inadmissible in court
Your lawyer will handle these motions and argue on your behalf to ensure your case is positioned as strongly as possible.
Trial
If the case doesn’t settle, it will proceed to trial, either before a jury or a judge. Trials involve presenting evidence, questioning witnesses, and making legal arguments. Your lawyer will attempt to prove that the other driver was legally at fault and that you suffered damages as a result.
In civil cases, the burden of proof is “preponderance of the evidence”, meaning it’s more likely than not that your version of events is true.
Post-Trial Possibilities
After a verdict is reached, several things can happen:
- If you win, the court may enter a judgment in your favor for the amount awarded.
- The defendant may appeal, asking a higher court to review the decision.
- If the defendant refuses to pay, your lawyer may help you with enforcement actions, such as wage garnishment or liens
Types of Damages You Can Recover
When you file a personal injury lawsuit after a car accident, your goal is to recover compensation for the losses you’ve suffered. These losses can include both financial costs and personal, non-economic harm. You may seek several types of damages, depending on the details of the crash and the extent of your injuries.
Here are the most common categories of damages available in Indiana car accident lawsuits.
Medical Expenses
Medical bills can pile up quickly after a car accident. You may be entitled to compensation for all types of medical care for your injuries, including:
- Emergency care and hospitalization
- Surgery, physical therapy, and rehabilitation
- Follow-up appointments and specialist visits
- Prescription medications and medical equipment
- Future medical treatment related to your injury
Your lawyer will work to ensure all past and future medical costs are included in your claim.
Lost Income
Many accident victims are forced to take time off work while they recover. Some may never return to the same job or earning capacity. You can pursue damages for:
- Wages lost while recovering from your injuries
- Loss of future earning potential if you’re permanently disabled
- Missed bonuses, promotions, or business opportunities
Pain and Suffering
Not all damages are financial. You may also be compensated for the physical pain and emotional trauma caused by the accident. Pain and suffering damages can include:
- Chronic pain or long-term discomfort
- Emotional distress, anxiety, or depression
- Loss of enjoyment of life
- Scarring, disfigurement, or permanent disability
Property Damage
In addition to your injuries, you can also recover the cost of repairing or replacing damaged property. This may include:
- Vehicle repair or replacement
- Towing and rental car expenses
- Personal items damaged in the crash (e.g., electronics, clothing, or car seats)
Keep all receipts and repair estimates to support your property damage claim.
Punitive Damages
In rare cases, Indiana courts may award punitive damages. These are not meant to compensate you but to punish the at-fault party for especially reckless or malicious behavior, such as drunk driving or intentional harm. Indiana Code § 34-51-3 caps punitive damages at either $50,000 or three times the compensatory damages awarded, whichever is greater.
FAQ
How Long Does a Car Accident Lawsuit Take?
It depends on the complexity of the case. Some lawsuits settle within a few months, while others may take a year or more to reach trial. Factors like disputed liability, severity of injuries, and court scheduling can all affect the timeline.
What if the Other Driver Doesn’t Have Insurance?
If the at-fault driver is uninsured or underinsured, you may still have options. You can file a claim under your own uninsured/underinsured motorist (UM/UIM) coverage, or consider suing the driver directly if they have personal assets. A personal injury lawyer can help you evaluate which route is most practical.
Discuss Your Claim With an Indiana Car Accident Lawyer
If you’re considering legal action after a car accident, the team at Habig Injury Law is here to help. Contact our Indiana car accident lawyers today for a free consultation and let us fight for the compensation you deserve.
