The amount of recovery available to you in your case depends on multiple different factors. These include the defendant’s culpability, any insurance policies in place and the severity of the injury. Some of the most common avenues for recovery of compensation include pain and suffering, property damage, punitive damages, and medical expenses.
Attending a consultation with an experienced personal injury attorney is often the first step towards filing a claim. During this initial consultation, your lawyer will walk through the facts of the case and tell you whether or not you are eligible to pursue an injury claim. Some of the most important documents to bring with you during this initial consultation include medical billing, medical records, any police reports, and any statements that you have already given to an insurance provider.
If you do not have all of these documents in place by the time you schedule a consultation with an injury attorney, take note of everything you remember about the accident and schedule a consultation directly with a lawyer to walk through what else is required.
The moment that you experience pain after a car accident, you need to get checked out. There may be significant problems going on beneath the surface that cannot be identified by the naked eye. For example, an x-ray or an MRI may reveal significant problems in terms of broken bones or brain injuries.
The second reason that it is important to be checked out by a doctor as soon as possible is because a gap in treatment may cause the insurance company or the other party in your personal injury claim to argue that your claim is not worth as much as you think it is. Having proper medical treatment can better illuminate the extent of the injuries you have sustained.
If you are partially at fault for an accident in Indiana, you may still be able to pursue compensation. The primary element in such a claim is the percentage of your fault; you must be 50% at fault or less. If a judge or a jury determines that you are 51% at fault or more, you will get nothing because of the comparative fault statutes in Indiana.
One of the biggest mistakes that you can make in a personal injury case is to omit information about your previous medical conditions and history. This could leave the insurance company an opportunity to argue that you have lied about your injuries, or misled the court. Bear in mind that you could still recover compensation for your injuries even if you have past medical problems. Talking things over with an experienced personal injury attorney is the best way to figure out your recourse.
There are many different pieces of evidence that can be very important in building a strong personal injury claim in Indiana. This includes an accident report if you were hurt on someone else’s property, a police report, eye witness accounts of the accidents, pictures of your injuries and pictures from the scene of the accident.
There are many different types of compensation that you can recover in a successful personal injury claim. Economic damages are those that have a defined monetary value linked to them, including surgeries, prescription drugs, hospital bills, transportation in the ambulance, lost wages from missed time at work and damage to personal property.
Non-economic damages, however, include loss of companionship, physical pain, mental and emotional suffering, and loss of life’s enjoyments due to your personal injury cases.
It can take anywhere from several months to more than a year to achieve resolution in your personal injury claim. The amount of time your claim will take depends on numerous factors, including whether or not your case goes to trial, how long it takes to settle your claim and how long it takes you to recover.
In many cases, your attorney will recommend that you avoid settling your personal injury case until you have reached maximum medical improvement, or the point at which your doctors think you are unlikely to make any further gains in your progress. This may not be the same point at which you consider yourself fully recovered and for this reason, you will want to talk to an injury lawyer.
If you were hurt in an Indiana accident that wasn’t your fault, and now your insurance company is asking you to go to a medical examination, you need to complete this important step. This is a common concern of many people as it relates to the independent medical examination.
If you are offered or have requested an independent medical examination by your insurance company, take precautions before you go. Take notes of what happens and seek help from an experienced Indiana personal injury law firm as soon as possible after these meetings have occurred. Remember that the insurance company is looking out for their best interests, not yours.
The statute of limitations in Indiana only allow you to pursue a personal injury claim for up to 2 years after the accident, or the date on which you discovered your injuries. For this reason, you must talk directly with an experienced Indiana personal injury attorney as soon as possible after the accident happens. This can be beneficial, even if you are not yet sure whether you intend to pursue a personal injury claim.
It’s a good idea to cooperate with your insurance company, to an extent. However, it is not a good idea to give a statement to the opposing insurance company, or even your own without first consulting an Indiana personal injury lawyer. The reasons are that the other insurance company has their own insured person’s version of the accident, as well as an accident report. You need to ensure the information you provide paints a realistic picture.
You or the driver of the car you were in may have under-insured or uninsured motorist coverage to protect you if the other person in the accident didn’t have appropriate insurance. Your lawyer may be able to resolve the case for a lump sum of money with your insurance company, and your insurance company is responsible for paying the damages, up to the extent of coverage via settlement.
The only way to recover money for an injury that happens on another person’s property is if that property owner was somehow negligent in causing the injury. A prompt investigation of the circumstances carried out by a knowledgeable Indiana personal injury lawyer is helpful in this situation.