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July 12, 2020

Do I Have to Go to Court for a Personal Injury Claim in Indiana?

When you’ve suffered a serious, painful accident, you typically just want to get better. Unfortunately, you don’t have the compensation you need to cover your injuries and move on. To minimize your stress and maximize your recovery, you may be wondering, “Do I have to go to court for a personal injury claim in Indiana?”

Luckily, it’s not mandatory that you take your claim to court. However, it’s best to seek out your compensation with the help of a lawyer from Crossen Kooi Law. Whether you settle with the other party or whether you need to file a lawsuit, a lawyer can guide you through the Indiana claims process and help you recover. 

Settling with the Other Party

When you’ve been injured by another person, they may be held accountable for the suffering they caused. In Indiana, even car accidents aren’t entirely covered by your insurance alone. Instead, you’ll need to file a third-party claim, or your insurance company will need to seek compensation from the other insurer in a process called subrogation

As such, you’ll need to find the person responsible and discuss settling out of court with a lawyer. Often, the other party is just as eager as you to avoid a lawsuit. They also simply want to recover and move on after the accident. Fortunately, that means they may be willing to settle with you for the full amount you deserve. If not, you may need to go to court for your Indiana car accident or other accident type.

Getting the Full Compensation You Deserve

Before you agree to a settlement, however, make sure that you’re getting the full compensation for your damages that you deserve. You’ll need compensation for both your economic and non-economic damages, so make sure you know what your settlement is worth before you begin. 

For example, you might already know that you need a settlement for your economic damages, which include your financial losses. Expenses like your medical care, lost wages, and property damage are important for your recovery. However, make sure you’re also including future losses. 

For example, your injuries may permanently affect your ability to work. That means you’ve lost not just your current wages but also your earning capacity for future wages. Your lawyer can help you calculate how much these and other future costs are worth. 

Keep in mind that you may also be due non-economic damages. These damages cover the emotional and mental suffering you might have felt because of the accident. In a severe accident, for example, you might suffer from anxiety and emotional distress, which should also be compensated.  

Settle or Fight Back with an Attorney

Unfortunately, settling your Indiana claim isn’t always so easy. The other party may refuse to compensate you appropriately, or the insurance company may refuse your claim. In these cases, a lawsuit may be necessary. 

So, do you have to go to court for a personal injury claim in Indiana? It’s possible. If you’re not sure how to get your claim settled, seek out a lawyer from Crossen Kooi Law for help. Starting with a free consultation, you can get the help you need to fully recover. To get started, reach out by calling 317-569-1335 or by completing the online form below.

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