Disclaimer: This article provides general information about Indiana law and is not legal advice. Consult a licensed attorney for guidance on your specific situation.
Auto accident injury claims involve multiple stages. Understanding each phase helps you set realistic expectations for resolution.
Detailed Answer
Under Indiana law, claimants must file a personal injury lawsuit within two years of the accident per Indiana Code §34-11-2-4.5. Missing this deadline usually leads to dismissal.
Below is an estimated timeline for resolving a typical auto accident injury claim in Indiana:
- Initial Steps (1–3 months): Seek medical treatment immediately. Obtain medical records, invoices, and the police report. Request these documents promptly to build your claim.
- Demand & Negotiation (2–4 months): Your attorney assembles a demand package outlining injuries, expenses, and liability. Insurers often respond within 30–60 days. Expect 2–6 months of back-and-forth negotiations.
- Filing a Lawsuit (if needed): If settlement talks stall, your attorney files suit before the two-year statute of limitations expires. Indiana Trial Rules govern the process.
- Discovery (6–12 months): Both sides exchange documents, answer written questions (interrogatories), and conduct depositions. This phase may take 6–12 months depending on complexity.
- Mediation & Settlement Conferences (variable): Courts frequently require mediation. This can add 1–3 months but often leads to resolution without trial.
- Trial (6–12 months after filing): If no settlement occurs, the court schedules a trial. Actual trial days may be few, but scheduling and preparation can take 6–12 months.
- Appeals (6–18 months): Either party may appeal an adverse verdict. The Indiana Court of Appeals process varies based on case complexity.
In total, most auto injury claims in Indiana resolve within 12–24 months if litigation becomes necessary. Without filing suit, many claims settle in 6–12 months after the accident.
Helpful Hints
- Note the two-year deadline set by Indiana Code §34-11-2-4.5.
- Maintain detailed records of all medical treatments, prescriptions, and bills.
- Preserve evidence: photographs of the accident scene, vehicle damage, and witness contact information.
- Avoid giving recorded statements to insurers without attorney review.
- Respond promptly to discovery requests to keep your case on schedule.
- Explore mediation early to reduce time and legal costs.