If you are wondering what your claim is worth, it is tempting to start with an online average or multiply a stack of bills. Our recommendation is to start with the evidence and the actual offer instead. For the broader definition, see our guide to pain and suffering after an Indiana car accident. This article focuses on preparing for an offer review, not repeating that guide or predicting an outcome.
For help with the larger claim, our Fort Wayne personal-injury practice can review the available information and explain the issues specific to your situation.
Key takeaways
- Keep the actual offer separate from your own estimate.
- Explain specific changes in ordinary activities, including improvements.
- Mark unknown information as unknown rather than filling it with assumptions.
- Use the worksheet to prepare questions, not to calculate a promised payout.
Start with the actual offer
Save the letter or message containing the offer. Record who made it, when it arrived, and the exact amount. If someone described it by telephone, make a dated note and ask for the explanation in writing. Do not assume the total is an amount assigned solely to pain and suffering.
As consumer guidance, the Indiana Department of Insurance’s claim tips[1] recommend keeping correspondence and recording the date, name, title, and substance of telephone or in-person contacts with your insurance company. That is advice about organizing a claim, not a rule requiring an opposing adjuster to use this worksheet.
What Indiana authority says about the evidence
In Krohn v. Goodwin, paragraphs 14–16[2], the Indiana Court of Appeals explained that the plaintiff bears the burden of proof to establish liability and damages. The opinion also discusses the nature and extent of an injury and its effect on the person’s ability to function as a whole person.
The opinion warns against a separate loss-of-enjoyment element inviting double recovery. The practical takeaway for this worksheet is to explain the change clearly, without counting one experience several times under different labels.
Indiana Jury Rule 26[3] requires final instructions to address the applicable burdens of proof, witness credibility, and the manner of weighing testimony. It is a rule about jury instructions, not an offer-pricing formula.
These authorities explain why a review should focus on the evidence. They do not supply a figure for your case. We recommend evaluating your own facts rather than using someone else’s result as your benchmark.
An offer-review worksheet
Practical organization tool—not a legal requirement: Copy these prompts into a private document. Fill in only what you can confirm, identify the source, and leave a question where information is missing.
| Worksheet entry | What to write down | Question to flag |
|---|---|---|
| Offer details | Date, sender, exact total, and the original letter or message | Is the offer explained, or is it only a total? |
| Included items | Any categories the sender expressly identified | Which categories remain unclear? |
| Before-and-after account | An activity you did before, what changed, and a specific dated example | What supports the comparison? |
| Time course | When the change started, when it eased, and what is still different | Are any dates only estimates? |
| Supporting material | The name and date of each relevant document, photo, or firsthand observer | Does it actually support the point you are making? |
| Open questions | Conflicting accounts, missing documents, and unexplained assumptions | What should be clarified before a decision? |
Do not turn a blank entry into a zero or a guess. “Not explained in the letter” is more useful than an invented breakdown. Keep the sender’s description separate from your own comments so an attorney can see where you agree and where you have questions.
Write dated examples, not a score
As a practical writing exercise, replace “everything was harder” with a concrete example. Describe what you tried, what was different, who was present, and whether the difficulty continued. Include activities you resumed and better days too.
Illustration only: “Before the incident, I carried groceries upstairs without help. On the first shopping trip afterward, my sister carried the bags while I made one trip upstairs. By the next shopping trip, I could carry a light bag.” This is a fictional example of specificity, not a client story, a suggested script, or a dollar-value comparison.
Use your own facts. Do not copy an example into your account unless it is true. If you remember an event but not the exact date, label the date as approximate. Keep original photos and messages rather than replacing them with edited versions.
For a wider document checklist, see evidence for an Indiana car-accident claim.
Questions to discuss before deciding
Bring the worksheet to your attorney and ask which entries are supported, which are disputed, and what additional information would help. Useful questions include:
- What does this offer expressly include?
- Which parts of my account are documented, and which are still uncertain?
- Am I describing the same impact more than once?
- What assumptions am I making about the amount I would actually receive?
- What would I be agreeing to if I accepted?
The Department of Insurance advises consumers not to rush into a settlement[1] and to seek professional advice when they have questions about fairness. That guidance is not an instruction to reject every first offer.
Keep a question about legal limits separate from a question about the evidence. Our guide to limits on these damages addresses that separate topic; this worksheet does not decide which rules apply to your claim.
Frequently asked questions
Can this worksheet tell me what my pain and suffering is worth?
No. It is an organizing tool, not an appraisal. Use it to identify what supports your position, what remains unclear, and what to discuss with an attorney.
Should I multiply my bills to choose an asking amount?
Do not use arithmetic alone as a case evaluation. This worksheet deliberately leaves out multipliers and daily prices, and asks you to explain the actual impact instead.
What if the offer is only one total?
Write down the total exactly as presented and mark any breakdown as unknown. Ask what the offer includes rather than inventing a separate pain-and-suffering amount.
Should I include days when things improved?
Yes. As a practical matter, include better days, setbacks, and activities you resumed. Aim for an accurate account rather than a collection of only the worst moments.
Should I accept the first offer?
That depends on your circumstances. The Indiana Department of Insurance advises consumers not to rush into a settlement and to seek professional advice if they question its fairness.
Do I need every document before contacting a lawyer?
You can contact our office with the information you have. Identify missing items and bring the offer, relevant letters, and your questions so we can discuss the next step.
Help reviewing an offer in Fort Wayne
Bring your offer, correspondence, worksheet, and open questions to a consultation. Our first-consultation checklist can help you get ready without waiting for a perfect file.
Delventhal Law Office can review the available information and discuss next steps. You can request a free consultation when you are ready.
This article is general information about Indiana law and is not legal advice. Reading it does not create an attorney-client relationship, and neither does contacting us.
