The Personal Injury Settlement Process

Navigating the aftermath of an accident in Indiana can be a daunting experience. Physical and emotional recovery is paramount, but navigating the personal injury settlement process adds another layer of stress. Insurance companies look out for their interests and will offer low settlements, delay the process, and deny claims when they can.

You need an experienced Indianapolis personal injury lawyer to advocate for your rights and help you obtain the compensation you deserve. Let’s take a closer look at the settlement process.

Initial Steps and Seeking Legal Help

Following an injury, seeking thorough medical attention is crucial, not just for healing but also for documenting the extent of your damages. Gather medical records, bills, and any reports related to the injury.

An attorney can evaluate your case, assess your legal options, and guide you through the settlement process. This is especially important if the at-fault party denies liability or tries to shift blame onto you.

Investigation and Evidence Gathering

Your attorney will conduct a thorough investigation, gathering evidence to support your claim. This may include.

  • Witness statements: Corroborating accounts of the incident can strengthen your case.
  • Accident reports: Police reports and incident reports from other agencies can be valuable evidence.
  • Medical records and bills: These document the extent of your injuries and the resulting medical expenses.
  • Expert opinions: Depending on the specifics of your case, expert testimony from physicians, economists, or accident reconstruction specialists might be necessary.

Calculating Your Personal Injury Settlement 

Your attorney will calculate the value of your damages. Here are some examples.

  • Medical expenses: Past, present, and future medical costs related to your injury.
  • Lost wages: Income lost due to missed work or reduced earning capacity.
  • Pain and suffering: Compensation for physical and emotional distress caused by the injury.
  • Loss of enjoyment of life: Compensation for activities you can no longer participate in due to the injury.

Before negotiations begin, your attorney will meticulously prepare a demand package outlining the value of your claim. This comprehensive document presents the legal basis for your case, the extent of your damages, and the supporting evidence.

your lawyer will calculate your total damages

The Impact of Shared Fault on Case Value

Indiana’s comparative negligence law allows you to recover compensation if you are less than 51% at fault. If a court decides you are 20% at fault, you would only recover 80% of your damages. Shared fault can be a factor in settlement negotiations.

Insurance companies will try to shift blame onto you to reduce your compensation as much as possible. Your attorney will vigorously defend against such tactics.

Settlement Negotiations 

The goal of negotiation in any personal injury case is for your attorney to obtain the compensation you deserve without the need to go to trial. Insurance companies will strive to minimize the payout, and you need a skilled attorney to negotiate on your behalf.

Most personal injury claims are settled outside of court. However, your attorney may need to file a lawsuit before the insurance company agrees to a fair personal injury settlement.

Countering Defense Strategies

Insurance companies often attempt to downplay the severity of your injuries or question the direct link to the accident. Your attorney counters these arguments with concrete evidence and medical data.

Protracted negotiations are a common tactic to pressure you into accepting a lower offer. Your attorney will advocate on your behalf to keep the process moving forward.


If direct negotiations reach a deadlock, Indiana courts often encourage mediation. Here, a trained mediator facilitates communication between both parties, helping them explore settlement options outside the courtroom. Your attorney actively participates in this process, advocating for your interests.

Agreement or Litigation

Negotiation and mediation can lead to different outcomes. If an agreement is reached, it is documented in a binding settlement agreement, and the insurance company typically makes a lump-sum payment within a specified timeframe.

If an agreement remains elusive, your lawyer may recommend going to trial. You can rely on our attorney to handle complex legal proceedings and persuasively argue your case in court.

Call Our Experienced Indianapolis Personal Injury Lawyers

Navigating the personal injury settlement process can be complex and emotionally taxing. An experienced Indianapolis personal injury attorney at Rowe & Hamilton can provide guidance, negotiate with the insurance company on your behalf, and represent you in court if needed.

Contact us at 317-482-7888 for a free consultation.

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