7 Questions to Ask Before You Sign Any Personal Injury Settlement
When you’ve been injured in an accident—whether it’s a car crash, a slip and fall, or another preventable event—insurance companies often come calling quickly with a settlement offer. On the surface, it might seem generous. You’re stressed, you have bills to pay, and you’re eager to move forward. But before you sign anything, take a breath.
As a personal injury law firm in Indianapolis, IN, we’ve seen countless clients nearly walk away from the compensation they rightfully deserved. Why? Because they didn’t know what to ask before agreeing to a settlement. A personal injury claim is about more than just covering today’s medical bills—it’s about protecting your future.
So, before you accept that check, here are the 7 questions you must ask:
1. Have All My Injuries Been Diagnosed and Treated?
This may seem obvious, but many people settle before they fully understand the extent of their injuries. Some conditions, such as whiplash, traumatic brain injuries, or internal damage, might not show symptoms immediately. You may feel okay now, only to discover later that you need surgery, physical therapy, or ongoing care.
Once you sign a settlement agreement, it’s final. That means if you discover a serious complication later, you can’t go back and ask for more money. The insurance company will not reopen the case, regardless of how legitimate your new medical needs may be.
In Indiana, you have the right to seek damages that reflect the true scope of your injuries. That includes current treatment and anticipated future care. Before accepting any offer, consult with your doctors and specialists to get a clear picture of your medical outlook. Only then can you accurately value your claim.
2. Do I Understand How Indiana’s Comparative Fault Law Affects My Claim?
Indiana follows a modified comparative fault system with a 51% bar rule. This means you can only recover damages if you are less than 51% at fault for the accident. If you’re partially to blame, your compensation will be reduced by your percentage of fault.
Let’s say you’re awarded $100,000 in damages but are found to be 25% at fault. You would only receive $75,000. If you’re 51% or more at fault, you’re barred from recovering anything.
Insurance companies often try to shift as much blame as possible onto you to reduce their payout. Before you sign any settlement, ask for a breakdown of how fault was determined. If their assessment doesn’t seem fair, speak with a personal injury lawyer in Indianapolis. We can investigate the facts and fight for an accurate determination.
3. Am I Being Compensated for All My Damages?
A proper settlement should cover far more than just your hospital bills. Indiana law allows you to recover both economic and non-economic damages. These include:
Economic Damages
- Emergency room visits
- Surgery and follow-up care
- Prescription medication
- Rehabilitation and therapy
- Lost wages and future earning potential
- Property damage
Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Disfigurement or permanent disability
Too often, settlement offers only address the immediate and visible costs. But what about the time you’ve lost at work? What about the anxiety, the sleepless nights, or the fact that you can’t play with your kids the way you used to?
Our job as an Indianapolis injury attorney is to ensure every aspect of your life that has been affected is accounted for and compensated.
4. Does the Settlement Account for Future Costs?
You might be out of the hospital, but your recovery may not be over. If you need additional surgeries, ongoing therapy, assistive equipment, or long-term medications, those costs can add up fast. A settlement should include projections for future care—something insurance companies frequently leave out.
An experienced PI lawyer in Indianapolis can work with medical experts to forecast these costs and ensure they’re included in your claim. The settlement should also account for future lost wages if your injury impacts your ability to work or reduces your earning potential.
Once you cash that check, you give up the right to ask for more, no matter what future expenses arise. Don’t get shortchanged.
5. Are There Any Legal Limits on My Compensation?
In Indiana, certain types of damages are capped by law. If your personal injury case involves a government agency—for example, if you slipped and fell in a city-owned building—your claim may be subject to the Indiana Tort Claims Act. Under this law, damages are capped at $700,000 per person and $5 million per incident (Indiana Code § 34-13-3-4).
Punitive damages, which are meant to punish the defendant for especially reckless behavior, are also capped. Indiana law limits punitive damages to the greater of three times the compensatory damages or $50,000 (Indiana Code § 34-51-3-4).
Most personal injury cases won’t involve punitive damages, but if you suspect gross negligence, such as a drunk driver or a company ignoring safety standards, ask your attorney whether you may be eligible.
6. Have I Considered the Long-Term Effects of This Settlement?
It’s easy to focus on the now: the bills stacking up, the calls from the insurance company, the pressure to “put it all behind you.” But this isn’t just a short-term decision. A personal injury settlement is about your financial stability and quality of life for years to come.
Ask yourself:
- Will this cover ongoing treatment?
- Can I afford to take time off if I relapse or need further procedures?
- Have I accounted for psychological or emotional trauma?
Many people regret settling too soon because they didn’t think about how the injury would affect their daily life. Don’t rush to resolve a case just to get it over with. Take the time to look ahead.
7. Have I Reviewed the Agreement with an Attorney?
Here’s the most important advice we can give: never sign a settlement without having it reviewed by an experienced personal injury lawyer in Indianapolis. The insurance company has legal teams whose job is to minimize your payout. You deserve someone on your side who knows how to maximize it.
We’ve seen settlement agreements with confusing legal language, hidden waivers, and clauses that prevent future claims—some of which could cost victims tens of thousands of dollars if misunderstood.
As your injury attorney, we can:
- Evaluate the fairness of the offer
- Identify any red flags in the agreement
- Negotiate for a better outcome
- Represent you in court if necessary
Most personal injury attorneys, including us, offer free consultations. There’s no reason not to have a professional review your case before you make a binding decision.
Why This Matters
According to the Indiana Department of Transportation, over 200,000 traffic collisions occurred in the state in recent years, with thousands resulting in injury. Many of those injured accepted quick settlements, only to find themselves struggling later. Don’t let that be your story.
The decisions you make now can have lasting consequences. By asking the right questions and working with a skilled attorney, you can ensure your settlement truly reflects what you’ve lost—and what you’ll need going forward.