How Often Do Car Accident Cases Go to Court in Indiana?

Many clients ask whether their personal injury cases will settle or go to trial. Industry estimates suggest about 95 percent of car accident claims resolve through settlements, leaving only five percent of cases that go to court. However, even if only a fraction of Indiana car accident cases go to trial, you should never forget that litigation may be necessary to get the results you deserve in your case.

At Truitt Law Offices, we prepare every case as if it is going to trial. If you suffered injuries in a car crash caused by someone else, understanding how insurance claims work and the trial process can help you anticipate what might come next. Contact us today for a free consultation with an Indiana car accident lawyer.

If Most Cases Settle Before Trial, When Would a Case Go to Trial?

It is generally better for both plaintiffs and insurance companies to avoid a trial in an Indiana car accident case. Trials are expensive, time-consuming, and unpredictable, making them risky for both sides. That said, some instances when a car accident case might go to trial include:

• Accidents involving significant injuries or property damage – The worse someone’s injuries are after an accident, the more money they could recover for their injuries. Rather than pay a high-dollar settlement, an insurance company might take a car accident case to court if they believe they can prevail at trial. The same is true for cases involving extensive property damage.
• Fault is unclear – Indiana is a fault-based state for car accident claims, meaning a plaintiff must prove it is more likely than not that the defendant caused the crash and any resulting injuries. If an insurance company feels the question of fault is unclear, they might risk a trial to avoid paying a potentially expensive settlement.
• Cases involving failed settlement negotiations – If one or both sides in a car accident case do not negotiate in good faith, either side might go to trial to pressure the other side into making concessions. The threat of a trial can also be an effective way to bring someone back to the bargaining table if they refuse to make a reasonable offer.

How Long Can a Car Accident Case Take if It Goes to Trial?

Trials involve significant preparation and lengthy court proceedings, so it could be months or longer before the case concludes. Factors that can affect a trial’s timeline include:

• How much money the plaintiff demands
• The severity of the plaintiff’s injuries
• The number of defendants
• Each defendant’s share of the fault
• How many people witnessed the crash
• The strength of the plaintiff’s case
• The strength of the defendant’s case

No car accident attorney can guarantee a claim will settle or go to trial. However, a lawyer can outline the possibilities for you after reviewing the facts of your case.

What is the Trial Process if the Case Goes to Court?

Once a plaintiff has filed a lawsuit, the basic steps in an Indiana car accident trial are:

• Discovery – After the plaintiff files the lawsuit, both sides have some time to gather additional evidence to support their case. Common types of evidence used in personal injury trials include medical records, eyewitness accounts, surveillance footage, and expert testimony. Each side will request whatever evidence the other side has gathered before the case can proceed.
• Mediation – Judges know how long trials sometimes take and how expensive they are. To save everyone time, money, and hassle, judges often order both sides in a personal injury trial to meet with a mediator before the trial begins. Having both parties meet outside the courtroom with a neutral party can facilitate a reasonable compromise.
• Settlement negotiations – Once both sides in a civil trial have finished the discovery process, there is typically one last round of settlement negotiations. Now that both sides know what evidence the other party has to support their claim, it may be easier to reach a fair deal.
• Trial – If the final round of settlement negotiations fails, both sides will make their arguments in court. Juries hear some civil trials, while others are heard only by a judge. Regardless of who decides the case, it is up to each side’s lawyers to make their strongest possible argument for their clients.
• Verdict and award – After each side has presented its argument, the jury or judge will decide who won and render a verdict. If the plaintiff wins, the judge or jury will also determine how much compensation they receive for their injuries. If the defendant wins, the judge or jury may order the plaintiff to pay their legal fees or provide other compensation.

What are Common Car Accident Injuries?

Car accidents in Indiana frequently cause severe injuries, including:

• Traumatic brain injury (TBI)
• Spinal cord injury and paralysis
• External injuries to the head or face
• Back injuries
• Neck injuries
• Scarring and disfigurement
• Broken bones
• Burns
• Internal bleeding
• Injuries to internal organs
• Soft tissue injuries
• Lacerations and puncture wounds
• Psychological distress

What Damages Could I Be Entitled to from My Car Accident Claim?

Your compensation for a car accident claim depends on your injuries and other factors. With help from an experienced car accident attorney, you could recover compensation for:

• Medical bills
• Lost wages
• Reduced future earnings
• Pain and suffering
• Emotional distress
• Diminished quality of life
• Damaged personal property

Does Indiana Have a Time Limit for Filing a Car Accident Lawsuit?

Indiana law gives victims two years from the date of a car accident to file a lawsuit. If you miss this deadline, the courts will likely dismiss your case without hearing it. The threat of a trial is crucial to settlement negotiations with insurance companies, so don’t wait too long to speak to a car accident lawyer.

Contact an Indiana Car Accident Lawyer Now

At Truitt Law Offices, we aim for the best possible results for our clients. Whether that means advocating fiercely during settlement negotiations or tackling the case at trial, you can count on our attorneys to place your well-being front and center. Call Truitt Law Offices today or visit our contact page for a free consultation with a skilled car accident lawyer in Indiana.

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Can a Car Accident Cause Memory Loss?

Both neurological and psychological damage can cause memory loss after a car accident. Memories should return within hours or days. However, prolonged memory loss might indicate a severe injury, such as a traumatic brain injury (TBI). Seek medical care immediately after any traffic collision.

Once you have seen a doctor, you should consult with an experienced car accident lawyer from Truitt Law Offices. If someone else was to blame for the accident, they could owe you money. Call or contact us online for a free consultation.

How Common Are Brain Injuries in Auto Accidents?

According to the Centers for Disease Control and Prevention (CDC), more than 611 hospitalizations and 176 deaths related to traumatic brain injuries occur each day. Traffic collisions are one of the most common causes of TBI.

While seatbelts restrain vehicle occupants to their seats, their heads remain free to move – but only to a certain point. The violent force of a traffic collision can cause the head to hit the steering wheel, window, or dashboard. Flying debris can also strike someone in the head, leading to a TBI.

What Kinds of Brain Injuries Cause Memory Loss?

TBIs are caused by external forces damaging the brain, often resulting in memory loss. Symptoms can range from mild to severe depending on the location and extent of the brain damage. Mild to moderate cases of TBI often heal with prompt and adequate medical care. However, some brain injuries are permanent and lead to long-term memory loss and cognitive impairments.

Memory loss is often one of the first symptoms to appear in the immediate aftermath of a car crash – preventing a victim from understanding the severity of the situation or remembering what happened. They may experience confusion and disorientation, affecting the decision-making process.

In some cases, the memory of the accident will return as the brain heals. In others, the brain may heal fully while the memory of the crash never returns. Particularly severe injuries could prevent the victim’s long-term ability to form, retain, and access memories.

Is All Memory Loss the Same?

A wide range of injuries and ailments can lead to memory loss, each in a different way. Consider the following common causes and effects of memory loss:

• Concussion – A concussion is a mild type of TBI. Short-term memory loss is a common symptom. However, it typically isn’t a permanent issue.
• Brain damage – The hippocampus is an area of the brain responsible for memory. Damage to it can cause problems with memory. When this damage is severe, it can prevent the victim from recovering old memories or forming new ones.
• Mental trauma – Extreme trauma can cause someone to develop dissociative amnesia. The mind subconsciously avoids processing the information and thoughts that recall memories of the traumatic incident.
• Retrograde amnesia – A severe blow to the head can cause retrograde amnesia. Memories made before the injury are effectively erased. Retrograde amnesia can be short-term or long-term, depending on the severity of the head injury.

What Other Symptoms Might Appear Alongside Memory Loss?

Memory loss isn’t the only symptom of a TBI. Additional signs of a traumatic brain injury include:

• Issues with judgment
• Confusion
• Difficulty identifying objects and their functions
• Trouble speaking
• Difficulty solving problems
• Decreased vocabulary and slow, hesitant speech
• Shorter attention span
• Trouble choosing the right words to say
• Lost sense of space and time

What Should I Do After a Car Accident?

Seeking treatment for your injury is essential after a car accident. You must visit your doctor or the emergency room after leaving the crash scene. Let a physician evaluate your injury to determine the type of treatment you need. If they recommend follow-up care, follow their instructions. Skipping appointments can negatively affect the outcome of your case. An insurance company might view your inconsistent or inadequate treatment as evidence that your injury isn’t serious or that you are responsible for making it worse. They can justify offering a much lower settlement than you need to cover your losses.

Saving records is critical. You should keep a copy of your billing statements, vehicle repair bills, hospital records, prescriptions, and other accident-related documents. Your records might be valuable evidence in proving the extent of your injury and other losses.

You should also hire an experienced car accident lawyer like the ones you’ll find at Truitt Law Offices. Although having legal representation isn’t mandatory to pursue a claim, it can expedite the process and strengthen your claim. Your attorney can handle the legal work for you, so you don’t have to worry about gathering evidence or talking to the insurance adjuster. Your only focus should be on trying to recover.

What Kind of Compensation Can I Pursue Through a Car Accident Lawsuit?

The compensation you recover through a car accident lawsuit can provide you with money for you:

• Accident-related medical expenses, such as ER visits, prescriptions, and rehabilitative care
• Lost wages
• Lower earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

You might also recover punitive damages if your lawsuit goes to trial. This money is meant to punish the at-fault party for their egregious behavior rather than to compensate you for any specific loss.

What Is the Deadline for Filing a Car Accident Lawsuit in Indiana?

In Indiana, the statute of limitations allows a two-year timeframe to file a lawsuit for a car crash. That means you generally have two years from the date of the accident to file your lawsuit against the negligent driver or another party. While there are exceptions, filing after the deadline can make you ineligible to recover compensation.

Contact an Indiana Car Accident Lawyer

At Truitt Law Offices, we have been representing accident victims in Indiana for over 40 years. We can protect your rights and aggressively pursue the full compensation you deserve. You won’t be alone in the fight for justice.

Call or contact us online to get started with a free consultation with a car accident lawyer.

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