Sometimes after you have been injured in a car wreck, involved in a workplace
accident, or building up medical bills because of a slip and fall injury
caused by a business’s negligence, figuring out what to do next
can be stressful and confusing. What steps should you take in reviewing
and making your claim? While injuries occur unexpectedly each day, most
people are still uncertain about their own fate in recovering damages.
First, let’s review some important points to keep in mind if
you have been injured and are considering filing a claim.
Take the time to review our suggestions on how to best receive compensation
and weighing the pros and cons of hiring an experienced personal injury
lawyer. Attorneys can help by:
It is likely that if you hire an attorney and they have agreed to take
your case because you have provided all that is needed to prove fault,
you will move towards a settlement for your damages. You may be entitled
to a number of different types of damages under Indiana law. Some of the
more common types of damages are: reasonable and necessary medical expenses,
lost earnings, reduced earning capacity in the future, future medical
expenses and prescriptions, pain and suffering, and permanent impairment.
Once you have made the decision to hire a personal injury lawyer to pursue
your claim, the lawyer will collect the details of your experience and
make the best possible estimate of how much compensation you should receive.
But even attorneys can’t necessarily pinpoint what your case is
worth until it is close to a resolution. Many factors, including the circumstances
of the accident, the state of all involved and the insurance companies
influence the outcome. Here are some other influencing factors:
Once an estimate of your claim has been made, the process of demanding
a settlement can begin. Estimates are made using an attorney’s experience
with prior settlements and verdicts of similar personal injury cases.
Your attorney will start settlement negotiations on your behalf by making
a demand for compensation. If there is strong evidence supporting your
claim, the insurance company may pay the claim and your case will be closed.
In most cases the insurance company will counter the demand for compensation
with a lower offer. Attorneys can continue conversations on your behalf
until an agreement is reached. Your case may settle even before your attorney
files; on the other hand, it may go all the way to a trial and a jury
verdict. The majority of lawsuits are settled before they get to trial,
but what happens in your case depends on the facts, the law and the parties involved.
A: Since your settlement is reached through the process of negotiation,
it is generally not suggested to accept a first offer. Follow the guidance
from your personal injury lawyer and allow them to evaluate your case
and support your claim throughout this process.
A: Negotiations will be complete once you accept your settlement offer.
This will mean you agree to accept a ‘release’ from the responsible
party or insurance company by receiving a settlement check. By signing
the ‘release’ this will mean that even if you discover you
have additional injuries related to the same accident, you will not be
further compensated. Your settlement compensation should arrive shortly
after you have signed and returned your release.
A: If an agreement cannot be reached, one of our experienced personal injury
attorneys may discuss proceeding with a lawsuit. During this time, you
will need to work with your attorney and make the decision to continue
the case to a jury trial. The jury will then decide how much you will
be compensated for and you must accept the amount as determined by the jury.
Stephen Wagner and Jason Reese are more than happy to talk with you about
your case, without charging a fee for the consultation. Even if it is
a case that Wagner Reese is unfortunately not able to take, we can make
suggestions about what can be done, or refer you to other legal resources
that may be able to provide assistance.
Contact us now at (888) 204-8440 to schedule an appointment in our Indianapolis
or Carmel offices, or use our convenient, confidential