Will My Indiana Personal Injury Case Go to Trial?

Most personal injury cases in Indiana are resolved through settlement rather than trial, with just a small percentage of cases reaching a courtroom. However, working with attorneys experienced in trial preparation from day one is crucial to seeking the best possible outcome for your case.

After suffering an injury due to someone else’s negligence, you likely have many questions about the legal process ahead. Understanding whether your personal injury case will go to trial is often a primary concern for many Indiana residents pursuing compensation for their injuries. Knowing the differences between these two paths to compensation can help you feel prepared for what is to come.

What Is the Difference Between a Settlement and a Trial?

A settlement occurs when both parties agree to resolve a personal injury claim outside of court. This agreement typically involves the at-fault party or their insurance company paying an agreed-upon sum to the injured person in exchange for ending the legal claim.

By contrast, a trial takes place in a courtroom where:

• A judge and jury hear evidence and testimony from both sides.
• Attorneys formally present arguments, evidence, and witness testimony.
• The judge or jury makes a legally binding decision about liability and compensation.
• The proceedings become part of the public court record.

Settlements offer a faster, more predictable resolution. While trials can potentially deliver higher compensation, they involve greater uncertainty and time investment.

Why Do Most Personal Injury Cases Settle Before Going to Trial?

Several factors drive the high settlement rate for personal injury cases in Indiana, including:

• Cost considerations — Trials require significant expenses for court fees, expert witnesses, and additional legal work.
• Time efficiency — Settlements can resolve in months, while trials might extend the process by years.
• Certainty of outcome — Both parties know exactly what they’re getting with a settlement.
• Stress reduction — Settlements allow injured individuals to avoid the emotional toll of testifying and reliving traumatic events.
• Privacy protection — Settlement details can remain confidential, unlike public trial proceedings.

Insurance companies often prefer settlements to avoid the unpredictability of jury awards and have control over the compensation amount. For injured parties, accepting a fair settlement means receiving compensation sooner and avoiding the risk of an unfavorable verdict.

What Are Some Reasons an Indiana Personal Injury Case Would Go to Trial?

Despite the trend toward settlements, some circumstances make a trial more likely. For example:

• When the parties disagree about who caused the injury.
• When insurance companies refuse to make settlement offers that will cover the full extent of the injured party’s losses.
• Cases involving severe, permanent, or life-altering injuries that require substantial compensation.
• When insurance policy limits are too low to cover the injury victim’s needs.
• When an injured person seeks public accountability beyond financial compensation.

Cases involving catastrophic injuries like traumatic brain injuries, spinal cord damage, or wrongful death may warrant taking a case to trial when settlement offers fail to reflect the true extent of harm suffered.

Are There Any Risks of Going to Trial?

While trials offer potential benefits, they also come with the following risks:

• Outcome uncertainty — Juries can be unpredictable, and there’s no guarantee of winning.
• Extended timeframe — Trials and potential appeals can delay compensation for years.
• Additional expenses — Court costs, expert witness fees, and other trial expenses add up quickly.
• Emotional strain — Testifying about injuries and reliving the incident can prove emotionally taxing.
• All-or-nothing results — Unlike negotiated settlements, trial verdicts can result in full compensation or none at all.

An experienced personal injury attorney will thoroughly evaluate these risks against the potential benefits before recommending trial as the best course of action for your specific situation.

How Long Do I Have to Bring a Personal Injury Claim in Indiana?

You must be aware of strict time limitations for filing personal injury lawsuits in Indiana. The statute of limitations for most personal injury cases requires you to file a lawsuit within two years of the date of the injury. Missing this deadline typically means losing your right to seek compensation.

However, exceptions exist, such as:

• Cases involving minors — The two-year clock may not start until they reach age 18.
• Government entities — Claims against government agencies often have much shorter notice requirements.
• Discovery rule — In some cases, the timeframe may begin when you discovered or reasonably should have discovered the injury.

Consulting with an attorney promptly after an injury can help you avoid missing critical deadlines to preserve your legal rights. Important evidence can disappear quickly, and eyewitnesses’ memories become less reliable over time.

Contact an Indiana Personal Injury Lawyer

With over 40 years of experience handling personal injury cases throughout Indiana, Truitt Law Offices focuses exclusively on helping injured people seek maximum compensation. Our attorneys have insider knowledge of insurance company tactics, which we will use to your advantage. We’ve achieved remarkable results for our clients, including a $2.1 million recovery for a construction fall injury and $850,000 for a concussion case, resulting in 100+ five-star Google reviews.

We pride ourselves on offering thorough case preparation, personal attention, and proven trial experience. While it is true that most cases settle, we prepare every claim as though it will go to trial. This strategy lets insurers know they need to take your case seriously, which can often lead to better settlement offers. If they refuse to make a settlement offer that fully covers your medical expenses, lost wages, and other losses, we’re willing to take your case all the way to court and demand fair compensation.

The legal team at Truitt Law Offices serves clients in Fort Wayne, Huntington, Indianapolis, and throughout Indiana. Our attorneys work with a dedicated team of paralegals, case managers, investigators, and medical experts to build the strongest possible case for each client.

Don’t wait until time runs out on your claim. Call Truitt Law Offices today or contact us via our online form for a free consultation to discuss the details of your injury case and learn how our experienced personal injury lawyers can help you move forward.

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