The duration of a personal injury case in Indiana can vary widely, but most are resolved within several months to two years, depending on the circumstances. Cases that settle out of court tend to move faster, often concluding within six to twelve months once medical treatment and documentation are complete. However, if liability is disputed, injuries are severe, or multiple parties are involved, it can take longer.

Before a claim can be settled, your attorney will usually wait until you reach maximum medical improvement so the full extent of your injuries and losses is clear. Negotiations with insurance companies can take weeks or months, as they review records and sometimes make low offers that require further discussion. If a fair settlement can’t be reached, your attorney may file a lawsuit.

Once litigation begins, the process involves discovery, depositions, and potential mediation, which can extend the timeline by a year or more. Court availability and the willingness of both sides to negotiate also affect timing. While some cases move quickly, others require patience to secure full and fair compensation. An experienced Indiana personal injury attorney can give you a clearer estimate based on the facts of your situation.

An initial consultation with a personal injury lawyer is your first opportunity to discuss your accident, your injuries, and the potential for pursuing compensation. This meeting is usually free and confidential, allowing you to understand your options before deciding how to move forward.

During the consultation, the personal injury attorney will ask detailed questions about how the incident occurred, the nature of your injuries, the treatment you’ve received, and any communication you’ve had with insurance companies. You’ll be encouraged to bring relevant documents such as medical records, accident reports, photos, or correspondence with insurers. These materials help the lawyer evaluate your case and determine who may be responsible for your losses.

The attorney also will explain how Indiana’s personal injury laws apply to your situation, including the statute of limitations, possible damages, and what evidence will be needed. You’ll have the chance to ask questions about the lawyer’s experience, approach, and expectations for communication. By the end of the consultation, you should have a clear sense of your rights, what the next steps look like, and how the attorney can help pursue fair recovery for your injuries.

In most cases, there’s no fee for an initial consultation with a personal injury lawyer. Nearly all reputable personal injury firms in Indiana, including those in Greenwood, offer a free first meeting so you can discuss your situation without financial pressure.

In Indiana, hiring a personal injury attorney typically doesn’t cost you anything upfront. Most firms work on a contingency fee basis, meaning they only get paid if you recover money. The attorney’s fee is usually a percentage of your recovery. Additionally, there may be case-related costs (like court filing fees or expert witness expenses), which you should discuss in your fee agreement.

If you’re partially at fault for an accident in Indiana, you may still be able to recover compensation. Indiana follows a modified comparative fault system under Indiana Code § 34-51-2. This means your recovery depends on your share of responsibility for the accident.

If you’re found to be 50% or less at fault, you can still recover damages, but your compensation will be reduced by your percentage of fault. For example, if you’re awarded $300,000 but determined to be 25% at fault, your recovery would be reduced to $225,000.

However, if you’re more than 50% at fault, you can’t recover compensation from other parties. Because insurance companies may try to shift blame to minimize payouts, having a skilled attorney is important to protect your rights and make fault is fairly determined.

A Greenwood personal injury lawyer can gather evidence like witness statements, photos, accident reports, and expert analysis to challenge unfair claims about your responsibility. Even if you think you share some fault, it’s best to consult an attorney before making assumptions, since partial fault doesn’t necessarily prevent you from recovering fair compensation under Indiana law.

Fault is determined by examining evidence that shows how the accident occurred and who acted negligently. Indiana uses a fault-based system, meaning the person or party responsible for causing the injury is financially liable for the resulting damages.

Investigators, insurance adjusters, and attorneys look at several forms of evidence, including:

• Police or accident reports that document what happened and who was cited
• Witness statements describing the incident
• Photos, videos, or surveillance footage from the scene
• Expert opinions from accident reconstruction specialists or medical professionals
• Physical evidence, such as vehicle damage or skid marks

Indiana’s modified comparative fault rule then applies. Each party involved is assigned a percentage of responsibility for the accident. If you’re 50% or less at fault, you can recover compensation, but your award is reduced by your share of the fault. If you’re more than 50% at fault, you can’t recover damages. An experienced Greenwood personal injury lawyer seeks to ensure that evidence is preserved, presented clearly, and used to protect your right to fair compensation.

Filing a personal injury claim in Indiana starts with getting medical care to document your injuries. Next, consult a personal injury attorney who can handle communication with insurers, submit a claim to the at-fault party’s insurance company, and participate in settlement negotiations. If a fair offer isn’t reached, your attorney can file a lawsuit in civil court. The case may resolve through continued negotiation, mediation, or trial. Throughout the process, your attorney protects your rights and works to recover fair compensation.

In Indiana, you generally have two years from the date of your accident to file a personal injury lawsuit. This deadline, known as the statute of limitations, applies to most cases involving car accidents, slip and falls, or other negligence claims. If you miss this deadline, the court will likely dismiss your case, and you’ll lose the right to seek compensation. 

Some exceptions exist. For example, claims involving minors or government entities may have different timelines. Because calculating deadlines can be tricky, it’s important to contact an Indiana personal injury attorney as soon as possible to preserve your right to file.

In an Indiana personal injury case, you may pursue several types of compensation, also called damages, depending on the extent of your injuries and how they have affected your life. The main categories are:

• Economic Damages: This category includes measurable financial losses such as medical bills, ambulance costs, rehabilitation and therapy expenses, prescription costs, property repair or replacement, and lost wages or future income.
• Non-Economic Damages: This includes compensation for pain, emotional suffering, anxiety, permanent disfigurement, loss of enjoyment of daily activities, and loss of companionship or support from loved ones.

In exceptional cases involving reckless or intentional behavior, punitive damages may also be awarded to punish the offender and discourage similar misconduct.

The amount and types of compensation available depend on your injuries, recovery outlook, and supporting evidence. A Greenwood personal injury attorney can help document your losses and pursue the maximum recovery allowed by law.

A valid personal injury claim includes four key elements: duty, breach, causation, and damages. 

• Duty of Care: The person or entity must have owed you a legal duty to act reasonably. For example, drivers owe other motorists a duty to follow traffic laws. Property owners owe visitors a duty to maintain safe premises. Doctors, nurses, and pharmacists owe patients a duty to provide competent healthcare.
• Breach of Duty: The defendant must have violated that duty through negligent or reckless behavior. This could mean running a red light, leaving a spill on the floor, or misdiagnosing a medical condition.
• Causation: The breach must have directly caused your injuries. You need to show a clear link between the defendant’s actions and the harm you suffered. Pre-existing conditions or unrelated injuries complicate this element.
• Damages: You must have suffered actual losses like medical bills, lost wages, pain, property damage, or other measurable harm. Without damages, there’s no claim, even if someone acted negligently.

The best way to know if you have a valid claim is to consult with a Greenwood personal injury lawyer.

It’s usually best to call a personal injury lawyer before communicating with the insurance company. Insurance adjusters are trained to protect their company’s financial interests, not yours. They may ask leading questions, request recorded statements, or push for a quick settlement before you know the full extent of your injuries or costs.

A personal injury lawyer can protect you from those tactics by handling all communication with the insurer and making sure your claim is presented properly. They’ll review the facts, document your injuries, and calculate what your case may truly be worth before any negotiations begin.

If you’ve already been contacted by an insurance representative, politely decline to discuss the incident until you’ve spoken with an attorney. Once hired, your lawyer will notify the insurer that they’re representing you, manage all correspondence, and make sure no deadlines are overlooked. In short, contacting a lawyer first helps you avoid mistakes that could reduce your compensation and gives you a strong advocate from the very beginning of your case.

If you’ve been involved in a personal injury accident in Indiana, we recommend that you take the following steps:

• Seek Medical Attention: Call 911 if you’re seriously hurt, or visit an emergency room or urgent care as soon as possible. Even if injuries seem minor, get checked by a doctor. Some injuries, such as concussions, may not show symptoms right away. Keep copies of all medical records and bills.
• Report the Accident: Contact local law enforcement or property management (for a slip and fall) to ensure an official report is filed. Police or incident reports provide critical documentation that can help establish fault.
• Gather Evidence: Take photos or videos of the scene, including vehicles, road or weather conditions, hazards, visible injuries, and anything else that may have contributed to the incident. Preserve damaged clothing or personal items as evidence.
• Exchange Information: Collect names, phone numbers, driver’s licenses, license plates, insurance details, and witness contact information.
• Avoid Admitting Fault: Stay polite but avoid making statements that could be interpreted as accepting blame. Fault can only be determined after a full investigation.
• Contact a Greenwood Personal Injury Lawyer: An experienced Indiana personal injury lawyer at Habig Injury Law can evaluate your case, gather additional evidence, communicate with insurers, and help you pursue full compensation for medical expenses, lost wages, and pain caused by the accident.