After you’re injured in an accident, the financial strain from mounting medical bills and lost income can be overwhelming. You may be considering filing a claim for compensation, but you aren’t sure if it will be worth it or even if you have a valid claim. You need answers to your questions and compassionate support from legal experts. That’s why we are here.
If your injuries were caused by someone else’s negligence, an Anderson personal injury attorney is your beacon of hope in the storm of legal complexities you face. Our mission is to ensure you receive every penny of the compensation you rightly deserve.
Types of Compensation You May Be Entitled to After an Accident
The type of compensation you will be eligible to recover after an accident in Anderson, Indiana, will depend on the accident-related expenses you incurred. Here are some types of compensation you may be entitled to after an accident:
- Medical Bills: The money you need to pay for doctor visits, hospital stays, and treatments related to your injuries.
- Lost Wages: If you can’t work because of the accident, you may get money to make up for the income you’re missing.
- Pain and Suffering: This compensation is for the pain, stress, and emotional hardship caused by the accident and your injuries.
- Property Damage: If your belongings, like your car, were damaged in the accident, you might get money to fix or replace them.
- Loss of Enjoyment: If the accident prevents you from doing things you used to enjoy, like hobbies or activities, you could receive compensation.
- Wrongful Death: If a loved one died in the accident, their family might get compensation for their loss.
- Punitive Damages: In some cases, you may receive extra money as a punishment for the responsible party’s extremely careless behavior.
The specific types of compensation you can get depend on the circumstances of the accident and the laws in your area. It’s essential to consult with a legal expert to understand your rights and potential compensation.
How Much You Can Get in a Personal Injury Claim in Anderson
In personal injury claims in Indiana, each accident is different, so the value of claims can be very different, too. It’s a complicated process that involves looking at medical bills, lost income, pain and suffering, and all the costs from the accident.
The goal of your claim is to cover all the ways the accident has affected you, including the money you had to spend on immediate medical help, the cost of future treatments, and the wages you lost because you can’t work now or in the future. It’s not easy to calculate the full value of your claim without the help of an experienced personal injury lawyer in Anderson.
We understand how to calculate all the ways the accident has affected you. If you try to do it on your own, you might end up getting less than you deserve and having to pay for future accident-related expenses out of your own pocket.
We will fight to get all the money you deserve, so you can move on with your life with the compensation you need to make sure your costs are covered. Don’t miss out on the compensation you deserve – find out what your unique claim is really worth with the help of a trusted attorney.
Who May Be Liable for Your Compensation After an Accident
Depending on the details of your accident and injury, some parties who may share liability for compensating you include:
- Driver that caused the accident – The at-fault driver and their insurance are most commonly liable, such as in car accident cases. Their negligence must be established.
- Vehicle owners – The owner of the at-fault vehicle is responsible if the driver was operating it with their permission. This often extends liability from the driver to the employer in work accidents.
- Government agencies – If hazardous roads, improper signage, etc. contributed to the accident, the responsible government body may hold liability.
- Property owner – Property owners can be liable for injuries occurring on their unsafe premises due to poor maintenance, inadequate security, dangerous conditions, etc.
- Manufacturers – If an injury is caused by a defective product or device, the negligent manufacturer is liable. This includes cases like medical device malfunctions.
- Subcontractors – Contractors, subcontractors, suppliers and vendors may share liability when faulty workmanship or products cause accidents and injuries.
An experienced attorney can identify all negligent parties who may be responsible sources of compensation after an accident injury based on the specific circumstances.
How Indiana’s Fault-Based Liability Laws Work
Here’s an overview of how Indiana’s fault-based liability system works in determining accident compensation:
- Comparative fault – Indiana uses a modified comparative fault system to assign percentages of blame to all negligent parties involved in an accident.
- 50% cut off – Contributing fault percentages are assigned through investigation. A plaintiff cannot recover damages if they are 50% or more at fault.
- Reduced damages – If a plaintiff is partially at fault but under 50% to blame, their compensation is reduced by their percentage of fault.
- Joint and several liability – Liable defendants share in paying damages based on their assigned fault percentage.
- Defendant rebuttal – The defense can argue plaintiff was more negligent or introduce other parties who may share fault.
- Burden of proof – Plaintiffs must prove by a preponderance of evidence that defendants acted negligently and directly caused damages.
- Last clear chance – If a defendant had a last opportunity to avoid the accident, they may bear full liability regardless of plaintiff fault.
Understanding Indiana’s modified comparative fault system allows optimizing legal strategy and maximizing recovery in accident injury claims involving any degree of shared liability. In some cases, you may be able to file a claim against more than one party that shares responsibility in your personal injury accident.
How to File a Personal Injury Lawsuit in Anderson, Indiana
Filing a personal injury lawsuit after an accident in Anderson, Indiana, involves several steps. Here’s a simplified guide to help you understand the process:
- Seek Medical Attention: First and foremost, if you’re injured, seek immediate medical attention. Your health is a top priority.
- Preserve Evidence: Document the accident scene if possible. Take photos, gather witness information, and keep records of your injuries, treatments, and related expenses.
- Consult an Attorney: It’s advisable to consult with a personal injury attorney experienced in Indiana law. They can evaluate your case, explain your rights, and guide you through the process.
- Statute of Limitations: Be aware of Indiana’s statute of limitations. In Indiana, you generally have two years from the date of the injury to file a personal injury lawsuit. Missing this deadline could prevent you from pursuing a claim.
- Filing the Complaint: Your attorney will help draft a complaint, outlining the details of your case, the damages you’re seeking, and the party you’re suing (the defendant). This complaint is filed in the appropriate Indiana court.
- Serving the Defendant: The defendant must be properly served with the complaint. Your attorney will arrange for this to happen according to Indiana’s legal procedures.
- Defendant’s Response: After being served, the defendant has a certain amount of time to respond to your complaint. They can admit or deny the allegations and may also file counterclaims.
- Discovery: Both parties gather evidence through a process called discovery. This includes exchanging documents, depositions (sworn testimony), and other evidence relevant to the case.
- Settlement Negotiations: Parties often attempt to negotiate a settlement before going to trial. Your attorney will help you navigate these negotiations.
- Trial: If a settlement cannot be reached, your case will proceed to trial. A judge or jury will hear the evidence and make a decision.
- Judgment: If you win at trial, the court will issue a judgment specifying the compensation you are entitled to receive.
- Collecting Compensation: Once you have a judgment in your favor, your attorney will work to collect the awarded compensation from the defendant.
- Appeals: Either party can appeal the judgment if they believe there were legal errors during the trial.
Remember that this is a simplified overview, and personal injury cases can be complex. An experienced Anderson personal injury attorney will be crucial in navigating the legal process effectively and increasing your chances of a successful outcome. Always consult with an attorney for specific guidance related to your case.
How Long You Have to File a Personal Injury Lawsuit in Indiana
In Indiana, state law IC § 34-11-2-4 outlines a statute of limitations for personal injury claims. While exceptions exist for minors or individuals incapacitated at the time of injury, the general rule necessitates filing your claim within two years of the accident date.
Common Types of Personal Injury Claims Our Lawyers Represent
You’ve suffered due to another party’s negligence, and you’re considering the legal path to secure just compensation. It’s vital to discern which personal injury claims might surpass standard insurance coverage and to grasp the merits of your case.
Common injuries for legal claims include:
- Traumatic Brain Injuries (TBIs): TBIs, ranging from mild concussions to severe cognitive impairment, often precipitate personal injury claims.
- Loss of Limb or Paralysis: Severe injuries may lead to limb amputation or paralysis. While insurance companies may offer quick settlements, consulting a personal injury attorney ensures equitable compensation for life-altering injuries.
- Bone Fractures, Sprains, and Torn Ligaments: Basic liability coverage from an insurance company may cover your medical treatment. However, if these injuries result in lost wages, emotional distress, or diminished quality of life, you may seek additional compensation.
How an Anderson Personal Injury Lawyer Can Help
An experienced personal injury attorney from Yosha Law Firm can help you get the fair compensation you deserve – not the lower amount your insurance company will try to get you to agree to settle for. Here’s how we fight for you:
We Take On the Insurance Companies
We are experienced when it comes to going head-to-head with insurance companies that want to devalue or deny valid injury claims. Working with us shows the insurers that you are serious about getting adequate compensation, and you have an experienced advocate by your side.
We Build a Strong Personal Injury Case
We understand what it takes to build a strong personal injury claim, and we will walk you through each step from your consultation through your case’s conclusion. Don’t settle for less than you deserve; work with determined attorneys who will protect your rights in Indiana.
We Assess All Of Your Present and Future Damages
You have medical bills now, but you may also have accident-related expenses that stretch far into the future. In the case of catastrophic injuries like paralysis and traumatic brain injuries, you could require a lifetime of costly care and specialized equipment.
A personal injury attorney in Anderson can calculate your current and future expenses to make sure you’re taken care of. You deserve support when your world is turned upside down after an accident that wasn’t your fault. We’re here to give you the legal support you’ll need to get compensation.
Get a Consultation With a Personal Injury Lawyer in Anderson, Indiana
With every day that passes between your accident and the time you reach out to an attorney, your case can grow weaker. Mistakes can be made, evidence can be lost, and witnesses’ accounts can fade away. Don’t wait to reach out to us to get started.