Indianapolis Personal Injury Attorneys
When you have been hurt in an accident in Indianapolis, it seems as though your life may never be the same. This is unfortunately a very common experience for many people who find themselves suffering the consequences of a catastrophic accident.
Whether it was a slip and fall on someone else’s property due to a hazardous condition they should have prevented, a car accident from a driver who wasn’t paying attention or who was under the influence of alcohol at the time, or a hotel pool drowning that could have been prevented with appropriate security and safety measures, you may have grounds to pursue maximum compensation.
Thankfully, Blackburn & Green is here to help you when you’ve suffered an accident caused by another’s negligence. Our Indianapolis personal injury lawyers take each case seriously and give you the personalized attention you deserve when fighting back against the insurance company.
What to Do Immediately After a Catastrophic Injury
Figuring out your next steps is never easy when you or a loved one is in this challenging situation. With your future circumstances hinging on your ability to get help from an experienced attorney, you cannot afford to wait to get insight from a knowledgeable Indianapolis personal injury lawyer who will do everything possible to protect your rights from the moment you file.
Navigating the complex insurance system and identifying all potentially liable parties is overwhelming for someone who is dealing with grief or the consequences of such an accident. Waiting too long or responding to the insurance company and making things easier for them to pursue the claim are not in your best interests.
Too many people find themselves in this situation of not having the protection of a lawyer who is knowledgeable about your rights and who can help you avoid many of the most common mistakes made in these cases. When a lawyer is at your side working hard on your behalf from the moment you have been hurt, you will know that situations such as accident reconstruction, contacting eyewitnesses to gather their statements, management of the insurance company and careful review of any settlement offers they present, and helping you find the specialist you need will all be handled by a team that cares about you and your future.
It’s easy to feel alone if you find yourself the subject of a recent injury caused by another person. You might even be tempted to take that settlement offer presented by the insurance company but making these mistakes early on in your case could make it difficult or impossible for you to recover in full or to go back to work knowing that the medical bills will only continue to pour in. The right lawyer however, will be an advocate for you from day one of your case and can help you figure out what you must do in order to protect yourself.
Without the services of an attorney at your side, mistakes made in your case could cost you the settlement or verdict you need to get proper medical treatment and recover as much as possible. Your life maybe forever changed by an accident and there’s no way to go back in time and undo the damage that has already been completed but the right lawyer will be an advocate for you from the outset of your case and will help you fight for full and fair compensation.
Indiana is an at-fault state in terms of car accident claims. This means that multiple avenues are available to you in the wake of an accident. You can file a claim with your insurance carrier or the other party’s insurance company, or you can go to court to seek damages by proving fault. To figure out what’s right for you, you should walk through the issues with a lawyer. In many of these cases where you are in gridlock with an insurance company, the threat of going to court, especially with Indianapolis personal injury lawyers who have a reputation for success, can be enough to encourage settlement.
Do You Really Need a Lawyer After an Indianapolis Personal Injury Incident?
Immediately following any accident in which you have sustained an injury, there critical steps you need to take to protect your rights. First of all, you need to get medical attention, even if you are not yet sure of the severity of your injuries. Many of the most devastating injuries including spinal cord and traumatic brain injuries cannot be easily diagnosed at the scene of the accident.
Many of the symptoms can be masked by the adrenaline and shock coursing through your system after the incident and you may not begin to experience problems until hours or days later. Getting prompt medical attention gives you the best possible chance of having your injuries evaluated by a team of doctors who can order necessary diagnostic tests and give you a path forward. In addition to getting medical help, the other thing you need to consider immediately after the accident is collecting evidence.
It can be difficult to keep everything straight in the wake of a vehicle crash or slip and fall injury but evidence collected from the scene such as the contact information for eyewitnesses, pictures and videos of the damage done and the scene itself, can prove pertinent when you file your personal injury claim with your insurance company or when you talk to an Indianapolis personal injury attorney. You will need to begin gathering evidence as soon as possible in your case because it can be used to develop a compelling claim for damages.
Keep a full record of all the time you have missed from work. This should include time off to visit therapists and doctors. Make sure that you consult with your employer to have them send written confirmation of your wage amounts that is established by this time lost. Even if your vacation time or sick leave was used to help you through this difficult period, you will still benefit from having this information provided to your attorney. Likewise, you will need to gather all copies of your hospital, pharmaceutical and medical bills and hire a personal injury lawyer.
Any expenses you paid that you might have associated with your accident such as taxi fare for doctor visits, mileage or hiring extra help around the house because you are no longer able to do it should be collected and provided to your Indianapolis personal injury lawyers.
All these expenses should be paid by check if possible, and you should maintain a receipt so that there is a paper trail. If you have medical or health insurance to cover your medical bills, you will need to consult with your Indianapolis personal injury attorneys prior to submitting those bills.
What You Need to Know About Determination of Liability After an Accident?
If you have been critically hurt in accident, more than one person could be held responsible.
Your Indianapolis personal injury attorneys will evaluate the circumstances of your individual accident to provide you with further information about what you can expect. It should not be the injured party’s responsibility to figure out who could be held responsible after an accident. That job should be managed by an Indianapolis personal injury lawyer and your attorney should be engaged quickly to determine liability in your case. In complex cases such as trucking accidents, the determination of your Indianapolis personal injury attorney may be critical for figuring out everyone who could be held potentially liable.
The financial issues associated with a serious accident should be the responsibility of the party who caused it and the right Indianapolis personal injury lawyers can help you ensure that any liable parties in your case cover your damages. You need someone who will handle your personal injury claim with accuracy and care so that you can focus on what is most important, your medical care.
There are so many different things to worry about in the wake of an accident but finding the right legal team to help you navigate the circumstances of your personal injury case will give you a great deal of peace of mind.
Theories of Recovery in An Indianapolis Personal Injury Case
A personal injury case can move forward based on one or more possible theories for a court to give money to a plaintiff in an award. In an intentional tort case, you would allege that the defendant has intentionally done some wrongful act.
In a negligence case however, you would argue that the defendant was not careful enough in his or her activities and such a lack of care ultimately caused the plaintiff to sustain some harm. The determination of the appropriate theory to use in your personal injury case is extremely important to your outcome. This is why you want to schedule a consultation directly with an experienced personal injury lawyer in Indianapolis immediately.
Other theories of recovery after an injury include strict liability and products liability depending on the circumstances of your original case. If a dangerous product did not come with enough of a warning or if it was made in an unsafe manner, you could use this information in your personal injury lawsuit.
Strict liability applies in dog bite cases when you or someone you know is viciously attacked by an animal. In most states around the country, dog owners could be protected to some degree if the dog attack in question was the first one and there was no reason to suspect the dog was dangerous. However, these “one bite rules” do not apply in Indiana. Instead, an animal’s owner is strictly liable for injuries caused by a dog, regardless of whether or not that dog had a past history of aggressive behavior. Depending on the circumstances in that type of case, you could file an injury claim against the dog’s owner or with his/her insurance company.
Knowing what you have to do and the options available to you is never easy since you’re already coping with the injuries and other problems from the accident. Hiring an injury lawyer who knows the laws and will help you prepare the most compelling case possible is powerful for you and your family members.
Who Can Be Held Responsible in an Injury Case?
Not every accident will lead to a claim filed by an Indianapolis personal injury lawyer, which is why you need to know what’s required in order to initiate a claim for full and fair recovery.
The basis for any personal injury claim in Indiana has to be founded on the idea that someone else was negligent or reckless, that their actions or inaction led to an accident, and that such an accident caused you harm.
This can be shown in many different ways, such as a car driver who fell asleep at the wheel or a hotel that had dangerous pool equipment on the premises.
A thorough investigation of the accident should be completed immediately after it happens. Whether it was a slip and fall or trucking accident, gathering evidence is essential not just for your insurance claim but also for your ability to bring a lawsuit down the road.
Illustrating that another party was negligent either through their lack of action or direct action is the best way to prepare an injury case. With your recovery dependent on this compensation, you need someone committed to fighting on your behalf.
Damages Recovered in Personal Injury Cases
Personal injury law in Indiana allow someone to recover money when another person has harmed him or her. You may be able to recover amounts to fully compensate you for the harm suffered. This includes your lost wages, medical treatment, decreased earning potential, and pain and anguish.
Indiana law refers to these as compensatory damages. If you were partially negligent for the accident, the amount you recover may be reduced.
A jury will first assign what is known as a percentage of blame for every person involved in the incident. If you were more than half at fault for the entire accident, you will be ineligible to recover anything. If you were 50% or less at fault however, then the jury determines the total damages amount and could reduce it by the amount of your fault.
Only in certain situations will you be entitled to punitive damages. Punitive damages are awarded to punish the defendant for bad conduct and to make an example out of him or her. If the defendant acted with reckless disregard for human life, you could be entitled to punitive damages. It is very difficult to establish reckless disregard and for this reason, you will want to hire an experienced Indianapolis personal injury lawyer.
The statute of limitations in Indiana enables you to pursue a claim a maximum of two years from the date of the accident. You need to consult with an experienced Indianapolis personal injury lawyer immediately to figure out whether or not you have grounds to file a claim.
Gathering your evidence and creating a timeline of events, as well as how the accident has influenced you and your family, is necessary if you intend to file a legal suit.
What You Need to Know About Standard Settlement Amounts in Indianapolis Personal Injury Cases
Settlement amounts will vary from one case to another and a knowledgeable Indianapolis personal injury lawyer can assess your accident and injuries and then give you a better idea of appropriate and fair compensation for your case.
These considerations include:
- Impact on your future earning capacity.
- Your prognosis for further problems.
- The strength of expert testimony.
- The strength of eyewitness testimony.
- Your age.
- Loss of past income.
- Future medical bills.
- Total medical bills.
- Activities you can no longer do.
- Your prognosis for further problems.
The primary objective of your Indianapolis personal injury attorney should be to determine adequate and fair compensation for your injuries. An experienced lawyer will know what a judge is likely to consider reasonable compensation for the injuries you have sustained.
What You Should Know About Wrongful Death Claims
Sometimes the injuries associated with an accident are fatal, whether immediately at the scene or afterwards. In these cases, family members or the personal representative of the deceased’s estate may file a lawsuit.
In the event that you have recently lost a loved one due to someone else’s negligence in Indianapolis, you may have grounds to pursue a personal injury claim with the help of a lawyer. You are essentially filing a legal claim on behalf of the loved one who passed away who is now ineligible to do so. When a person dies as a result of another individual’s recklessness or negligence, the surviving victims of this wrongful death may be eligible to pursue a claim.
Justice can be served to those who suffered due to a loved one’s death by fighting for financial and emotional support of the deceased. Wrongful death is classified as a type of damage and only certain family members are entitled to file such a claim in Indiana. Consulting with the right lawyer to determine your eligibility and taking action immediately can help put you and your family on the path towards a better future.
What You Need to Know About Filing a Claim and The Discovery Process
After an Indianapolis personal injury lawyer has established the issues with your accident and begun investigating your claim, your attorney makes an official claim with the person or persons responsible for your injuries before filing a lawsuit.
You could settle your case without litigation, particularly if there are relatively few issues in dispute and in cases in which liability clearly sits with one party. However, in the event the claim is substantial and cannot be resolved with a settlement demand through the insurance company, the attorney might file a claim with the with the relevant local court. The discovery phase of your case initiates after your lawyer has filed.
Your Indianapolis personal injury lawyer will pull together evidence to be used at trial from the opposing party and collect evidence that to be used at trial, and from other sources like eyewitnesses or expert witnesses. This usually amounts to an extended interview known as a deposition to ask you questions.
Your Indianapolis personal injury lawyers will help you prepare for such a stage and will be present at the deposition to make sure the defendant attorney does not ask unfair questions or harass you. Furthermore, your lawyer may ask you to produce and gather any documents that relate to your claim.
Once both sides of a lawsuit have initially exchanged documents in the discovery phase and know more about the kinds of arguments that will be made in the case, your Indianapolis personal injury attorney might try to make a settlement offer. The other party’s attorney might try to make a settlement offer. In many cases, this is the phase in which the defendant can file motions with the court asking to have the claims dismissed.
Your attorney might also suggest mediating your claims if possible. The judge may in some cases require a mediation before you go to trial. This means going before a neutral third-party who will try to resolve your claims in a non-binding fashion. In many cases, this can be less expensive and more efficient as a manner of resolving your personal injury claim but it might not be successful if you and the other party are unable to come to terms. If all attempts to settle or mediate fail, your Indianapolis personal injury lawyers will bring the evidence and witnesses together and try your case in front of a jury or judge. It can take a long time for your case to be heard before the courts due to scheduling concerns.
Your Indianapolis personal injury lawyers may want you to be a witness in the case. The length of your trial will depend on the facts of your case. You only have one chance to recover compensation when you have been hurt in a life changing accident so make sure you do it properly by hiring knowledgeable Indianapolis personal injury attorneys who will make you feel informed throughout the duration of your case and who will use determination and skill to fight for everything you’re owed. When you need a free consultation for your Indianapolis personal injury case, you should not hesitate to take action by hiring knowledgeable attorneys who are committed to a positive and powerful outcome for you.
The right Indianapolis personal injury attorneys will be there for you over the long run, helping you work through the complexities of the legal system with understanding and knowledge.