Detailed Answer
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance in your specific case.
1. Seek Immediate Medical Attention
After any accident, get prompt medical care—even if injuries seem minor. Early treatment documents your condition, prevents complications, and creates critical proof of injury.
2. Document Injuries and Damages
Keep a detailed record of symptoms, doctor visits, prescriptions, and recovery milestones. Photograph injuries, vehicle damage, and accident scenes. This evidence helps counter an insurer’s downplay of your claim.
3. Notify Your Insurer in Writing
Submit a written notice of claim to your auto or homeowner’s insurer, outlining date, time, location, and witnesses. Indiana Code § 27-4-1-1 requires timely notice to preserve coverage.
4. Address Low-Ball Offers
Insurers may offer quick, minimal settlements. Don’t accept any offer until you understand the full extent of injuries and expenses. Compare the offer to medical bills, therapy costs, lost wages, and long-term care needs.
5. Preserve Evidence and Records
Collect police reports, witness statements, medical records, billing statements, and employment records showing lost income. Organize these documents chronologically.
6. Involving Guardians and Court Approval for Minors
When a child sustains an injury, Indiana law requires extra steps to protect their settlement. A parent or guardian must petition the court to approve any compromise of a minor’s claim. See Indiana Code § 34-51-2-1 (Compromise of Claim by Guardian).
Your attorney will file a petition in the county’s circuit or superior court. The judge must find the settlement fair and in the child’s best interest before funds are released. Approved proceeds often go into a blocked account until the minor turns 18. For the full statute, visit IC 34-51-2.
7. Consult a Personal Injury Attorney
An experienced attorney can negotiate with insurers, prepare court filings for minor settlements, and ensure you meet all deadlines. In Indiana, most personal injury claims must be filed within two years. See Indiana Code § 34-11-2-4 (Statute of Limitations).
Helpful Hints
- Keep an accident journal with dates, times, and symptom descriptions.
- Photograph injuries, vehicle damage, and any relevant safety equipment (e.g., child car seats).
- Obtain and review police reports promptly.
- Request and copy all medical and billing records.
- Consider structured settlement options for long-term financial security.
- Communicate updates in writing to insurers and medical providers.
- Remember: You can counteroffer more than once before accepting a final settlement.