If you get hurt as a result of another person’s negligent behavior, personal injury law allows you to recover compensation from the at-fault party. When you file your Indiana personal injury case, you may imagine heading into the courtroom for your case, like you’ve seen in movies or TV shows.
The reality is that most of the time, personal injury cases in Indiana don’t go all the way to trial. Most of the time, they are settled between the involved parties outside of the courtroom. Still, Fort Wayne personal injury lawyers will prepare for a trial from the start of your case and be ready to present it to a judge or jury in court.
Movies and TV shows would be less riveting if they focused on settlements rather than the rarer occurrence of cases going to trial. What makes a case go all the way to the courtroom? There are certain factors that you should understand that could increase the chance of your personal injury case.
Understanding the Difference Between a Personal Injury Settlement and Trial
A personal injury settlement is offered by the defendant’s side as a resolution to the claim outside of court. The at-fault party or their insurance company will offer an amount to settle the claim. If you accept this offer, then you are releasing them from the legal claim.
If a personal injury case goes to trial, it will be heard in a courtroom in front of a judge and jury. Both sides will have the chance to present formal arguments backed by evidence and call witnesses to testify in court. The judge or the jury will make a decision about liability and compensation to be awarded to the plaintiff if they find the at-fault party liable.
Regardless of the outcome at trial, the proceedings will become available in public records. When settlements are reached outside of court, they avoid the public eye. Settlements are a faster way to get a more predictable resolution to a personal injury claim. On the other hand, trials may result in higher compensation awards, though they take much longer and there is much greater uncertainty involved.
Why Do Most Indiana Personal Injury Cases Settle Before Going to Trial?
There are a variety of reasons why most personal injury cases settle in Indiana. One of the biggest reasons is cost. Going to trial creates major expenses in the form of court fees, paying expert witnesses, and additional legal work involved in trial preparations.
Settlements tend to be resolved in a matter of months, making them a faster way for injured victims to recover compensation. Trials can take much longer, and in many cases, years from the date of filing. Getting a faster resolution is often a much better outcome for all concerned parties. For the victim, it means an end to a significantly stressful situation that provides them with the money for the losses the at-fault party caused. For the at-fault party, it means being released from any further legal issues related to this event.
Settlements are much more definite, and both parties will know what they’re getting. As the victim, when a settlement is offered and is fair, you can agree to accept it. The other party will know that paying this sum will be the end of this legal matter. The burden is greatly reduced for plaintiffs when they accept a settlement, as they avoid the emotional toll of reliving the traumatic events experienced during trial testimony.
Trial proceedings are always made public, though settlement details stay confidential. You won’t have to worry about being the subject of news headlines around the country.
If an insurance company is involved in your personal injury case, they will be most likely to push for a settlement. Jury awards are notoriously unpredictable, and insurers know that they will fare better when they have control over the amount of compensation.
As the injured party, it may be in your best interests to accept a settlement. However, only a personal injury attorney can accurately help you determine the full and fair amount to seek for the damages incurred. While you’re still in the claims process with an insurer, perhaps after a car accident, you may even be offered a quick settlement. If you’re not already working with legal representation, seek an attorney who can review the offer and help you negotiate for what is fair.
Remember, once you accept a settlement, you cannot go back and ask for additional compensation. Signing your name on the release means that you are releasing the other party from further liability, and if you did not think things through, it could also mean that you are not getting the full amount deserved for your expenses.
What Makes a Personal Injury Case More Likely to Go to Trial in Indiana?
Settlements are the most likely outcome for victims in personal injury cases rather than a trial, but there are certain times when trial is more likely.
Low Settlement Offers
When the insurance company offers too little for the settlement and this figure does not cover your damages, your attorney will negotiate for a fair amount. Negotiations often go back and forth, and most of the time, there will be an agreeable amount. If neither party can agree, the case will continue to the courtroom.
Liability Disputes
In cases where the involved parties keep pointing fingers at each other, mediation is often attempted first. If the disagreement over who was at fault continues, it is more likely the case will go in front of a judge to let them decide based on the evidence.
Complex Legal Matters or Multiple Parties
The case may involve multiple jurisdictions, business entities, and other complexities. It could also involve multiple parties, such as a truck accident that causes a multi-vehicle crash on the highway. The more complex a personal injury case, the greater the likelihood it will go to trial.
Low Insurance Policy Limits
For car accident cases in particular, going to trial may be the next step when the at-fault party’s insurance policy has reached its limits. Typically, this will occur in cases where the victim has sustained severe or catastrophic injuries.
Life-Altering Injuries or Fatalities
When a victim’s life has been completely changed by the injuries they’ve suffered at the hands of the negligent party, or a family has lost a loved one as a result, a trial is more likely. The compensation award will be far more substantial, and juries tend to sympathize with the injured party.
The Need for Public Accountability
As mentioned, going to trial makes a personal injury case a matter of the public record. When the actions of the defendant were grossly negligent or malicious, taking the case to trial means the whole world will hear of their actions.
Understanding the Risks of Going to Trial
Going to trial can be beneficial, even though the outcome is far less certain. Juries are unpredictable, and although they tend to feel sorry for the injured party, there is no guarantee that you will win. They must remain impartial and make decisions based on the evidence. If they can’t reasonably conclude that the other party caused your injuries due to their negligent actions, then you might not get anything.
When a case goes to court, it takes much longer than settling. Even after the trial concludes, it could be appealed in a higher court, and then result in delaying your compensation for years. The costs of going to court are far more expensive, and plaintiffs should know what they will be expected to pay from any compensation awarded in the verdict.
Additionally, the added emotional strain that you’ll undergo while testifying about the events of the accident can be too much to handle. Discussing your case with your attorney can help you learn more about whether it is more likely to settle or go to trial, and a good lawyer will prepare you for it all from the start of your case.
Understanding Time Limits for Filing a Personal Injury Case in Indiana
If you’re at the point where you’re not sure what to do after suffering injuries from the at-fault party and have received medical treatment, you shouldn’t waste time. Indiana, like all states, has a statute of limitations, or time limit, in which you are allowed to file a personal injury case.
This should not be confused with the time limit for filing an insurance claim, which should be done within the first 24 to 48 hours of your accident. The statute of limitations applies to lawsuits and is limited to two years from the date you were injured. While it may seem strict, it serves to protect you by ensuring your case is handled within a reasonable amount of time.
The longer you wait to file, the more likely critical evidence will be lost, which can weaken your case. As soon as you are medically stable, you should contact an attorney in Indiana to discuss your accident and injuries.
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