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Pre-Litigation Mediation and Settlement in Personal Injury Cases

Parr Richey Frandsen Patterson Kruse LLP | Jul 6, 2012 | Insurance, Personal Injury Litigation |

Many personal injury victims are surprised to learn that they may settle their claims without needing to file a lawsuit. In fact, many personal injury cases are settled during the beginning stages of the claim (some lawyers would argue this is becoming more and more rare). Early settlement may occur when there is little or no question that the other driver is liable for causing injuries to the personal injury victim, such as when the driver has admitted responsibility. It may also happen when liability is still in question, but the personal injury victim’s injuries are especially severe, or if there is insufficient limits of liability coverage.

During the pre-litigation process, a victim’s personal injury lawyer can verify that the other person has insurance coverage, and also whether the victim’s own insurance policy provides coverage for the accident as well. A victim’s personal injury lawyer can also investigate the facts surrounding the accident. In doing so, he or she may review the police report, interview the witnesses, and inspect the scene of the accident in order to determine how the accident occurred and who is at fault. He or she will most likely review your current and prior medical records, to prove that your injuries stem from the accident and to understand how they relate to any preexisting medical conditions.

Once this has been done, a victim’s personal injury attorney can begin to determine what the victim’s legal claim may be worth financially. This is generally expressed as a range of values because of the uncertainty of settlement negotiations and trials. At some point, the personal injury attorney may propose a pre-suit settlement to the insurance company in an effort to get the compensation the victim is entitled to without having to file a lawsuit in the court system. Generally, the insurance company will respond with either an offer to settle or a request for additional information. That additional information may include a statement from the victim, copies of person’s medical records and tax returns, an independent medical examination and/or any other information the insurance company feels is important in understanding the victim’s case. Once the insurance company has all of the necessary information, it should be in a position to make a settlement offer.

Sometimes, but not often, the parties will agree to mediation before a lawsuit has been filed. The mediation may come at the suggestion of either the insurance adjuster or the personal injury victim’s lawyer. Mediation allows both sides to present the relevant facts of the case and the extent of the costs and damages to an independent third party mediator who will work to help the parties agree on a settlement. These independent mediators are lawyers or retired judges with special certification as mediators and who have experience with the laws and issues that are important in the case. If no settlement is reached at mediation, the case can then proceed to litigation. The failure to settle the case should not affect the personal injury victim’s right to continue the case.

What should you do after a crash on I-465 or I-70?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 27, 2025 | Car Accidents

You're driving I-465 like you've done a hundred times before — fast, focused and trying to get somewhere. Then it happens. A sudden jolt, a loud impact, maybe the screech of tires or the crunch of metal. Everything feels disoriented for a second, but your mind starts...

The rights and duties of bicycle drivers in Indiana

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | May 15, 2025 | Bicycle Accidents

Bicycling is a beloved activity for many in Indiana, offering a means of transportation and a way to enjoy the outdoors. Still, sharing the road with motor vehicles can present significant risks. To safeguard cyclists, Indiana has various laws that address bicycle...

Costs of loss: recovering damages in child wrongful death cases

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Apr 28, 2025 | Wrongful Death

You can lose the ones you love for the most mundane reasons. A seemingly innocent meal purchased at a local grocery store can cost you more than you intended to pay. Late last year, grieving mother Shantria Weddle filed a wrongful death lawsuit. Weddle’s 12-year-old...

Modern twists on the age-old problem of distracted driving

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 31, 2025 | Car Accidents

We all know texting while driving is dangerous. But have you looked around your car lately? Modern vehicles come packed with screens, buttons and alerts that can pull your attention from the road just as quickly as a phone. And outside your windows are plenty of...

What are the most common causes of car accidents in Indianapolis?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Car Accidents

Several factors consistently contribute to vehicular accidents in the Indianapolis area. Data shows the following are top causes of accidents in the area: Alcohol: Recent research conducted by Indiana University’s Public Policy institute finds that a top cause of...

What are unique factors of commercial truck accidents?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 21, 2025 | Truck Accidents

When driving on Interstate 465, I-70 or I-65 around Indianapolis, you’ve likely felt dwarfed by massive commercial trucks barreling down the highway. The sheer size disparity between your vehicle and a fully loaded semi creates potentially catastrophic consequences in...

Am I liable for a car accident on a slippery road?

On Behalf of Parr Richey Frandsen Patterson Kruse LLP | Mar 20, 2025 | Car Accidents

Heavy rain or snow can create hazardous driving situations. Wet roads can cause cars to slide or skid, making it hard to control your vehicle. Icy patches are even more dangerous, as they can be nearly invisible and cause sudden loss of traction. On snowy or rainy...

When Businesses Have a Duty to Protect Their Customers: The Foreseeable Attack

Parr Richey Frandsen Patterson Kruse LLP | Dec 12, 2023 | Premises Liability

On November 29, 2023, the Indiana Court of Appeals published its Opinion in Brummett v. Bailey, 23A-CT-683, slip op. Brummett is the latest case in a string of Indiana Court of Appeals decisions following the Indiana Supreme Court’s Goodwin v. Yeakle’s Sports Bar & Grill, Inc., 62 N.E.3d 384, 389 (Ind. 2016). In these cases, the courts have been grappling…

Thu v. Willis and the Necessity of Expert Medical Testimony

Parr Richey Frandsen Patterson Kruse LLP | Aug 28, 2023 | Car Accidents

On March 13, 2023, in a memorandum decision, the Indiana Court of Appeals affirmed a trial court’s decision for the plaintiff in a negligence complaint despite the defendant-appellant’s argument that the plaintiff failed to provide sufficient evidence that the car accident at issue was the proximate cause of his injuries. In this case, Thu v. Willis,[1] Guy Willis Sr. (“Willis”)…

Erie Insurance Exchange v. Craighead: Protecting the Purpose of Underinsured Motorist Coverage

Parr Richey Frandsen Patterson Kruse LLP | May 22, 2023 | Car Accidents, Insurance, Underinsured Motorist ("UIM") Claims

In a case determined in September 2022, the Indiana Court of Appeals decided an important and common issue for injury victims when dealing with their own insurance in its opinion in Erie Insurance Exchange v. Craighead. Many drivers who are injured as a result of an underinsured motorist turn to their own underinsured motorist coverage and medical payments coverage to…

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Recent Posts

  • What should you do after a crash on I-465 or I-70?
  • The rights and duties of bicycle drivers in Indiana
  • Costs of loss: recovering damages in child wrongful death cases
  • Modern twists on the age-old problem of distracted driving
  • What are the most common causes of car accidents in Indianapolis?

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