The Process to Personal Injury Claims

by | Jun 4, 2013 | Law

The majority of personal injury claims are derived from car accidents. If you have to deal with personal injury in Indianapolis it is important that you hire a reputable lawyer to represent your interests. If someone is injured seriously from a car wreck due to the fault of the other driver, then a claim can be filed. This helps the victim recoup their losses financially and to ensure that medical benefits are paid. The insurance company that provides coverage for the at fault driver is normally who pays the claims, unless the driver does not have insurance and in that case the victims insurance company will pay. Cases result in payments being paid or one lump sum for the victim’s compensation.


A lawsuit for personal injury is a standard action during the claims process. This is how the process works:

Step 1: Petition to the Court

For personal injury in Indianapolis there are documents that have to be filed with the courts. They are referred to as a petition or a complaint. The victim becomes what is known as a Plaintiff. This document then provides details for the Plaintiff’s case for the court as well as outlining all parties involved in the case as well as the jurisdiction covered by the court.

Step 2: The Summons

The summons is the notice that is served to the Defendant that lets them know a lawsuit is pending. It also details and lays out the time frame for which any responses and other information pertinent to the case may be filed with the court.

Step 3: The Answer

In a personal injury case, the defendant will submit an Answer to the summons as a response toward the allegations listed in the Complaint. They can make a statement that they do not have enough information or knowledge to deny or admit to the claim. They can also answer whether or not they choose to deny or admit each allegation in the complaint. At this point, the Defendant has the right to attempt dismissal of the lawsuit before it progresses too far.

Step 4: The Optional Cross Claim

The Defendant in a personal injury case may also file a claim against the another Defendant involved in the case when there are grounds to do so. For example, if the Plaintiff has suit against two defendants, Defendant 1 may sue Defendant 2 if the accident was a result of the latter’s own actions. The Cross Claim will be heard and tried with the original case.

Truitt Law Offices handle all kinds of personal Injury in Indianapolis, IN. They have been helping clients for 30 years, and their experience speaks for itself. Their staff is knowledgeable and friendly and can answer any questions that you may have.

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