What Is Personal Injury Law? Understand Your Rights After an Injury

February 22, 2024

Personal injury law protects you if you (or your property) is injured because of someone else’s act or failure to act. It’s also known as tort law, and in a successful case, the person who caused the damage or injury compensates the person who was harmed.

What Is an Example of a Personal Injury?

Many scenarios are considered under personal injury law, including:

Assault
Defective products
Medical malpractice
Motor vehicle accidents
Nursing home abuse
Slip and fall accidents
Workplace accidents

Personal injury claims can also cover situations that impact your emotional or mental health, such as:

Defamation
False detention, arrest, or imprisonment
Intentional infliction of emotional distress
Invasion of privacy
Malicious prosecution

If any of these apply to you, you may have grounds to file a claim. If you aren’t sure where to start, an experienced personal injury attorney can help. The best part is they work for you on what’s called a contingency fee basis, which means they won’t get paid unless they successfully negotiate a settlement on your behalf.

What Are the Most Common Personal Injury Claims?

Most personal injury claims come from:

Vehicle accidents. This includes car accidents, but also semi-trucks, motorcycles, and even bicycles.
Incidents at work. Workplace accidents are fairly common, regardless of industry, including slip and falls or defective equipment.
Medical negligence. Whether your surgery doesn’t go to plan or you’re misdiagnosed, medical negligence can cover a wide range of issues.

There are others as well, but traffic accidents on their own account for almost half of all personal injury claims. The best way to know if your claim is worth pursuing is discussing it with an experienced attorney.

How Long Does a Personal Injury Lawsuit Take in Indiana?

A personal injury case in Indiana can take anywhere from a few months to a couple years. Every case is unique, and the timeline depends on whether you can settle your claim without going to court.

Fortunately, most cases don’t go to trial, so the average case is settled fairly quickly. One thing to note, however, is the Indiana statute of limitations for personal injury cases is two years. So if you think you have a claim, it’s important to seek legal representation early on.

The Pre-Suit Phase

From the moment your injury occurs, you enter what is called the pre-suit phase of personal injury law. At this point you have not filed a lawsuit. This phase is where your legal team learns all the facts involved with your case and determine whether your case is a candidate for a pre-suit settlement.

If we think you’re a good candidate for a pre-suit settlement, we help you gather evidence such as witness statements and medical records and put together a demand package. This is a letter that details why we believe someone else is at fault, and demands a monetary amount in damages they should compensate you for.

At this point, we negotiate with the other party’s insurance adjuster to resolve your claim. If we come to terms that you find agreeable, we settle without going to court. The benefit is you receive a settlement without the stress of going to trial.

Filing a Personal Injury Lawsuit

If we cannot settle your claim in the pre-suit phase, the next step is to file a lawsuit. This means it will likely take longer for you to receive a settlement. Not only because of the lengthy trial process, but you’ll also be at the mercy of the caseload in your jurisdiction. The court system where you live hears many types of cases — not just personal injury — so you’ll have to wait until they have time to put your case on the schedule.

There are several phases of a lawsuit that will happen:

Pleadings phase. You or your legal team file a complaint describing the incident and how you have been injured. The defendant will then have to file an answer to the complaint.
Discovery phase. Both sides (you and the defendant or their legal representation) work to uncover facts about the case. This can happen through written questions and depositions in addition to other methods of discovery.
Mediation phase. This is where both sides meet, along with a neutral mediator, to try to settle the case prior to going to trial. Most cases are resolved in this phase.
Trial phase. If mediation is unsuccessful, your case will go to trial. Both sides will present evidence to a jury, who will determine the relative fault of the parties and decide whether you recover damages and if so how much.
Appeal phase. If the losing side thinks there was a problem with the trial, they can appeal and attempt to reverse the ruling.

Trials are stressful and can also be risky. If you don’t collect enough evidence or can’t effectively convince a jury your injuries deserve compensation, you could go through the entire process and walk away with nothing. If you represent yourself, you still have to abide by the complicated Rules of Trial Procedure and Rules of Evidence.

Understanding Legal Consultations for Personal Injury Cases

A personal injury consultation is an initial meeting with a lawyer to discuss your case. If you’ve already gathered evidence supporting your claim, it’s important to bring it with you so a lawyer can adequately asses the potential of success in your case. During the consultation, we explain your rights, the legal process in Indiana, potential strategies for your case, and potential fee structures. If you decide to move forward with our representation, we will determine next steps for your case.

There is no requirement for you to consult a personal injury lawyer. But if you’re injured, it’s better to be safe than sorry. Just gathering documentation for an insurance claim while healing from an accident can be overwhelming.

At BB&C, we take pride in being one of the best and most responsive personal injury law firms. If you’ve been injured, our team can develop an action plan and help you recover the compensation you deserve.

Disclaimer: The content of this blog is intended to be general and informational in nature. It is advertising material and is not intended to be, nor is it, legal advice to or for any particular