Settling a Personal Injury Claim with an Insurance Company in Indiana

While a personal injury is traumatic in most cases, it is hardly a rare event. However, settling a personal injury claim with an insurance company can be laborious.

Fortunately, an Indiana personal injury lawyer can provide critical support during settlement negotiations that can make all the difference in the compensation you recover. There are many important steps before reaching an agreement to settle a case. Many personal injury cases require a great deal of evidence to be gathered before a final evaluation for a claim can be made. Once the demand is made to an insurance company, many factors will impact the time it takes to recover compensation and whether filing a lawsuit will be necessary.

If you suffered a personal injury and need help settling your case, our Indiana personal injury lawyers can provide the skills and experience you need. Contact Wruck Paupore at (219) 322-1166 for a free case consultation.

How are Personal Injury Cases Settled with Insurance Companies in Indiana?

Settling insurance lawsuits can be tedious, with numerous steps to complete before compensation is recovered. Each step in the settlement process is critical, and compensation can be lost if a victim is inexperienced with insurance companies. While there is no legal requirement to have a lawyer settle your personal injury case, having one represent you in negotiations can make all the difference in maximizing the settlement amount you receive. Our Indianapolis personal injury lawyers can help guide you through each step of the settlement process and ensure you are treated fairly throughout.

Collecting Evidence

The first step to settling your personal injury case is to collect evidence supporting it. This is one of the most crucial steps in the process. In Indiana, evidence will need to be collected to submit to an at-fault party’s insurance company to show that their policyholder was at fault for causing the accident in which you were injured. The evidence used in settlement negotiations includes police reports, medical records, witness statements, photographic evidence, and other relevant evidence supporting your claim that the other person was at fault.

Filing a Lawsuit

Once the required evidence from your accident has been collected, you will be ready to file a lawsuit against the at-fault driver. Your evidence will be submitted along with a complaint detailing your personal injuries and how they were caused, after which you will typically receive a trial date and can begin the discovery phase.

Sending a Demand Letter

The next step will be to have your Indiana personal injury lawyer help you prepare a demand letter to send to the insurance company. Your demand letter will describe the damages you suffered, the effects your injuries have had on your life, and the amount of financial compensation you require to be properly compensated.

The demand letter should also include a detailed account of the accident and how the insurance company’s policyholder is at fault. Much of the evidence initially gathered for your case will be submitted to support the amount of compensation demanded to cover your injuries.

Offers and Counteroffers

After the insurance company has reviewed your demand package, the all-important offer and counteroffer phase begins. Many insurance companies will send low offers to pressure you into settling for less than your case is worth. An insurance company might argue that you need to provide more evidence to justify the demand or that the amount demanded is too high.

However, a bad first offer does not signal the end of negotiations. Your Indiana personal injury lawyer can use their experience and skill to determine a counteroffer that works for you. Insurance companies are more likely to offer a fair settlement amount for your case and not engage in games when negotiating with a victim represented by an attorney. If a counteroffer is rejected and settlement negotiations have stalled, our Fort Wayne personal injury lawyers will be ready to see your case through trial.

How Long Will It Take to Settle a Personal Injury Case with an Insurance Company in Indiana?

Unfortunately, there is no definitive way to know how long a personal injury lawsuit will take to settle. The time it takes to settle a personal injury case relies greatly on the types of injuries a person suffered and how long it might take to recover fully. In most cases, victims will want to wait until they reach what is known as maximum medical improvement before making a final evaluation of their case. Maximum medical improvement is when your medical provider concludes you will not benefit from further treatment. If your injuries are relatively minor, you will usually achieve maximum medical improvement quickly, and your lawsuit can be processed that much faster.

Settlement negotiations can last longer if a victim’s injuries are more significant. More severe injuries typically mean the case is more complex. An insurance company might take more time reviewing a complex lawsuit to find errors that they can exploit. Also, your settlement demand will likely be high if your injuries still impact you after reaching maximum medical improvement. Insurance companies might drag their feet on negotiations involving potentially high payouts. Our South Bend personal injury lawyers can help you determine the likely timeframe to negotiate a settlement for your case.

Our Indiana Personal Injury Lawyers Can Help

If you need to recover compensation after being injured, our Indiana personal injury lawyers will fight to ensure you receive every penny you are owed. For a free review of your case, call Wruck Paupore today at (219) 322-1166.