What is the Personal Injury Case Process

Karpe Litigation Group

Personal injury due to the negligence of another can qualify you for compensation. Even though the process of obtaining the compensation due to you can seem overwhelming at first, but knowing how your case works will help ease your mind and allow you to focus on healing. If you have been in an accident and were injured due to the negligence of another party, call us at 317-251-1840 to speak with an expert personal injury attorney in Indianapolis as soon as possible.

personal injury

Your Personal Injury Lawyer Investigates

As an example: If you were to get into a car accident in Indianapolis, after your car crash, chances are you will retain a car accident attorney in Indianapolis. To completely understand your case, your car accident attorney will need to review your medical records directly relating to the injuries you have sustained. You will also explain what happened leading up to and following the incident. Make sure to be as detailed as possible. Then your injury lawyer will use this information to develop a potential litigation strategy that informs on the demand package that gets sent to the defendant’s attorney or their insurance company.

Your Lawyer Will Wait

Your lawyer won’t send the demand package until you have reached the point of maximum medical improvement (MMI). This is the point where you have completed treatment and you’re as close to fully recovered as possible. Usually, car accident attorneys wait until you’ve reached your MMI so the true value of your case is understood, this ensures that you are not undervalued when a settlement is agreed upon or you have received your damages that are due.

Your Personal Injury Complaint is Filed

The majority of personal injury cases are settled outside of court. However, if a reasonable settlement cannot be reached, your lawyer will file an official complaint with the court clerk which brings your case to civil court for a decision.

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Discovery Begins

“Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent “trial by ambush,” where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence” – American Bar Association

Leading up to the trial, attorneys from both sides will continue to investigate. Be prepared to answer questions from the defendant’s attorneys and the defendant will have to answer questions from your injury lawyer. Both sides will also interview any witnesses to the event.

personal injury case step

Negotiations Led by Your Injury Lawyers Continue

The attorneys are consistently in communication during the pre-trial process. When discovery ends both sides will have a clearer understanding of the case. The attorneys will once again attempt to reach a settlement to avoid going to trial. More often than not, the lawyers will discuss the matter themselves, but sometimes they employ an impartial third party to mediate the discussion. If they are not able to enter into a settlement, then prepare for a trial as the next step in the personal injury process.

Enter into a Settlement Agreement or Trial

Most likely, a settlement for your injury will be reached. Both the Plaintiff and the Defendant will sign documents confirming the settlement agreement. The signed documents will ensure that you receive the compensation you are due and that the defendant is released from any future liability regarding the matter.

If your case goes to trial, expect for a jury to hear from expert witnesses in the medical field to attest to the severity of your injuries. Expect for the attorneys for the both parties to be in some form of constant communication. Because the attorneys are communicating with an increased degree of frequency, that even during the trial, both of the parties can reach a possible settlement in the matter.

personal injury case process steps

A Personal Injury Case Should Not Be Handled Alone

As tempting as it may be, proceeding with the expectation of acting as your own injury lawyer in your case is not a good idea. Defendants have an incentive to hire an attorney, which is why it’s best that in the case of a car accident, you hire your own accident attorney for car wrecks. At Karpe Litigation Group, we are a top-rated car accident law firm, with extensive experience in all forms of personal injury cases. Give our office a call at 317-251-1840 to speak with an attorney immediately, or contact us here!


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