5 Things to Do Before You Sue Someone for Personal Injury in Indiana

When someone is injured due to the negligence of another, that person may have a claim for personal injury against the responsible party. Many factors determine whether a case can go forward legally; however, there are several do’s and don’ts when filing a claim or a lawsuit. This article briefly covers these guidelines, so you know what you’re getting into before your case moves through the courts.

Can You Sue For Pain And Suffering in Indiana?

According to the Indiana Tort Claims Act, anyone who suffers bodily injury because of someone else’s negligence is entitled to recover compensation for that injury. This award can be for medical expenses and wages lost due to the inability to work. Moreover, plaintiffs can also receive damages for pain and suffering – a term describing the physical and emotional distress inflicted by the physical injury.

Things, however, can get complicated when you decide to sue for pain and suffering.

Where to Sue for Pain and Suffering in Indiana

It is not always easy to determine where and how you should file suit for pain and suffering if your injury results from another person’s negligence. The best thing to do is discuss your case with injury attorneys in Indianapolis, IN, who has experience handling these kinds of cases. They will guide you through the process.

If the accident took place in a different state than Indiana, you should file suit in that state. If you were hurt in Indiana, your local lawyer will advise whether you should file a claim and start negotiating with the defendant’s attorneys and insurance company or go to trial.

5 Things to Do Before You Sue Someone for Personal Injury in Indiana

1. Seek Medical Attention

No matter how minor your injury may seem, make sure you seek medical treatment and submit the necessary bills to your insurance company. The only way you can get the total amount of money you deserve is by having as much documentation as possible.

2. Have the Injuries Documented

Having your injuries documented with a certified doctor is a great way to strengthen your case, especially if there are disputed facts regarding how and when the injury occurred. Moreover, make sure you ask for copies of the records from your medical treatment so that you can submit them to court if necessary.

Your lawyer will most likely advise you to document your pain and suffering. A journal, witnesses, and even psychotherapy records will strengthen your case. Don’t forget to gather relevant paperwork and witnesses regarding lost wages, loss of enjoyment for daily activities, loss of consortium, delayed travel plans, transportation costs related to your physical and mental recovery, etc.

3. Know What You’re Getting Into

You should be ready for the long haul when you decide to file suit over a personal injury sustained because of another’s negligence. Depending on how your case may go through the legal system, it can take several months or years before you ever see a settlement check. Therefore, it is essential that when filing a suit, you are fully aware of what your rights are and what they mean. You must also realize the repercussions that may arise during the case, such as negative public attention if it is revealed that you contributed to your injuries.

4. Don’t Wait Longer Than You Should

No matter how long you wait to file a suit for personal injury, there will be a statute of limitations that begins on the date of your injury. One must file a lawsuit within this time frame. It is why you must talk to an attorney and begin the legal process as soon as possible, even if it is just to determine whether or not your case has merit.

5. Don’t Pick a Lawyer Based on Low Cost or Free Services

Do not pick a lawyer based on price when deciding who to hire to represent you in your injury lawsuit. Choosing a lawyer who will act in your best interests, even if they are not the cheapest, is the best decision. Then, discuss your case with multiple injury attorneys in Indianapolis to see which one fits best. If you have already made your selection, discuss the fees before making the final decision. Most lawyers use the contingency fee system, so you need to know it in detail.

Bottom Line

People take personal injury claims too lightly; however, if negligence is proven and the duty of care is breached, you should fight for your compensation rights. As a victim of negligence, you must remember that personal injury claims may be difficult to settle. Consult with an Indiana personal injury attorney if you think you have a case.


5 Things to Do Before You Sue Someone for Personal Injury in IndianaWhen it comes to educating the public on legal matters, few people are as determined as Michael Hawkins. From discovering issues of interest that concern all of us to offering actionable articles and guides to those in need, Michael is relentless in his journey of helping people make sense of the legal system. With dozens of pieces published in magazines, news outlets, and online journals, Michael is here to translate legalese into plain English so you can understand your rights and make the system work in your benefit.

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