How soon should I take action?
Timing is critical. Consult with an attorney immediately to ensure that the integrity of your claim is preserved. You will likely be up against a big insurance company that will be working hard to reduce or eliminate the value of your claim. Don’t be surprised by this – it’s the objective of the insurance company to minimize their cost. By acting right away, you can better preserve the evidence necessary to build your case. Each moment you wait carries a potential negative effect.

Should I be in touch with the other insurance company?
Disclosing too much information, especially right at the beginning, could be your worst move. In fact, it is not uncommon for some insurance adjusters to try to convince you that they’ll “take care of you” and that you won’t even need to hire an attorney. Remember: Any statement you make to the other insurance company can be used against you in court to undercut your claim.

What will it cost me?
Nothing, until your case is settled or a verdict is reached. In most personal injury cases, we work on a contingency basis, which is a percentage of your out-of-court settlement or jury award. Indiana law states that any contingency agreement is presented in writing before we take a case.

What is my case worth?
Until we are well into a case, it is difficult to determine what the settlement or jury award might be. Due to unpredictable events that may occur, the monetary value of your case can fluctuate as the proceedings unfold. Your Cappas & Associates legal team has the experience and track record to continually evaluate the details of your case and keep you advised of your prospects.

How long will my case take?
Be prepared for your case to take longer than you might have expected. While some cases may take as little as six months, others can go on for years. Your patience may be challenged during this time. Our experience is that clients who are forewarned are better equipped to tolerate the pace, length of time, and surprises that make up the legal process.

What should I expect to happen next?
First, we must complete our investigation and file your case. This will involve collecting data from your physician, your employer, and our investigator. When we feel that we have enough information to form an opinion about the financial extent of your damages, we will begin negotiations for a settlement with the opposition.

If that strategy is not productive, then we will file a complaint, and the parties will be served with notice that a claim has been made. The opposition then is given a fixed time to file what is known as an "Answer." The Answer is usually followed by a request for written interrogatories. These are questions that must be answered by the claimant (that’s you) with the aid of counsel (That’s Cappas & Associates). Generally, written interrogatories are followed by taking depositions, which are recorded testimony given under oath by any person the opposition wishes to question.

The deposition is just as important as the trial itself. If you are deposed during the course of this action, you will receive detailed instructions about what to do. After taking depositions, the case will be set down for trial. Following the setting of the case for trial, there will be preliminary conferences commonly known as pretrial hearings.