The aftermath of a car accident is often chaotic, overwhelming, and confusing. Anyone who has been in an accident will likely attest to the heightened emotions, shock, stress, and uncertainty that occur in the minutes and hours immediately following an accident.
Unfortunately, many of those feelings continue in the weeks and months that follow.
At Yosha Law Firm, we work with accident victims every day, and we have a deep awareness of and appreciation for the challenges that they face as they try to recover, both physically and financially, from a crash.
Car accident victims in Indiana need support. You shouldn’t have to be alone as you recover. The attorneys at Yosha Law Firm do everything we can to make sure that you are supported in the months that follow your accident. We fight for your rights and help you get the compensation you deserve from negligent parties who caused you so much pain.
Here is our guide to what to do after a car accident in Indiana.
- What to do at the scene of an Indiana car accident
- Legal requirements for accident reporting in Indiana
- The importance of seeking medical attention
- Types of evidence to collect
- Legal considerations: Should you hire an Indiana car accident attorney?
- Who can file a lawsuit after a car accident in Indiana?
- Types of compensation after a car accident in Indiana
- An essential step after an accident: Speak to an Indiana car accident lawyer
What to do at the scene of an Indiana car accident
The immediate steps to take at the car accident scene are based on how serious the accident is and how badly you are injured.
- For your safety, move your car to the side of the road if you are able to do so. This protects you and other drivers from subsequent collisions.
- Call 911 to contact the police right away. You should do this even after a minor accident.
- Don’t leave the scene of the accident.
- Seek medical attention for any injuries.
- If you are able, document the scene with pictures and videos.
- Exchange contact information with the other driver(s).
- Other than exchanging contact information, it is best to avoid having much of a conversation with any other drivers.
- Record as much as possible.
Please know that if you were in an accident and weren’t able to do some or all of these things, that does not mean that you have to give up your opportunity to get compensation! We can still protect your rights, regardless.
Legal requirements for accident reporting in Indiana
You may be required to report the accident to the Bureau of Motor Vehicles using the electronic forms available on their website.
Indiana law states that you must immediately notify the nearest law enforcement agency if any of the following conditions are met:
- someone dies or suffers bodily injury
- the property damage of the accident is more than $1,000
- the city where the accident occurred requires an accident report
- your insurer requires it.
A form titled “Operator’s Proof of Insurance/Crash Report” must be submitted within 10 days of a reportable accident. This form verifies which drivers had insurance coverage when the accident occurred. This form must be signed by your insurance provider.
Additional rules for reporting:
- If you hit an unattended vehicle, you should make an effort to locate the owner, if you can’t locate them, then you should notify the local police department
- Failure to comply with reporting procedures can lead to penalties including fines, having your license suspended, and even jail time
- Reporting accidents is still required, even if the parties involved make an agreement to not include their insurance companies
The importance of seeking medical attention
Seeking medical attention after an accident is crucial.
Reasons include:
You may have undetected injuries or delayed symptoms. Not all injuries show up right away, especially because of shock and adrenaline. Getting checked out by medical personnel ensures that you have the best information possible about your health.
Documentation is essential. Seeking medical treatment creates an official record of your injuries, which can be used as evidence in negotiations with an insurance company or in a personal injury lawsuit.
Immediate treatment leads to better long-term health outcomes. Getting prompt medical care will decrease the risk of complications and contribute to a speedier recovery. Injuries that are left untreated can get worse over time.
Types of evidence to collect
After the accident, you should keep track of everything. Think of record-keeping as your new part-time job. The more documentation you collect, the more effectively a lawyer can get the results you want to see.
What should you collect?
- Medical bills
- Medical records
- Photos and videos of the scene of the accident
- Eyewitness statements
- Insurance statements
- Communication with insurance companies
- Communication with the other parties
- Police reports
- Physical evidence collected at the scene
- Statements from experts, such as your medical providers
- Receipts for any spending related to the accident
- Receipts for replaced or repaired property
Working with a car accident attorney in Indiana can help to alleviate the hard work of collecting and understanding evidence. Your attorney can contact witnesses, the police, insurance companies, and expert witnesses on your behalf. We can also record spending, calculate totals, and keep track of receipts and communication items for you.
Legal considerations: Should you hire an Indiana car accident attorney?
Hiring an experienced, compassionate car accident attorney can make recovering from your accident so much easier. You may still have a long road ahead of you, but you don’t have to recover on your own.
- Answer your questions about the legal process
- File paperwork on your behalf
- Negotiate with your insurance company
- Collect and catalog evidence
- Hire expert witnesses
- Prepare your case for trial
At Yosha Law Firm, we go above and beyond these core requirements for lawyers by really getting to know you and what you have lost because of your accident. We treat our clients like family, and that means protecting you like you’re one of our own. We fight for your rights because you deserve justice.
Who can file a lawsuit after a car accident in Indiana?
Personal injury lawsuits are built on the understanding that if negligence or carelessness causes an accident, the victim should be able to hold that person responsible for their financial losses and non-economic damages, including pain and suffering.
Some of the rules that affect filing a lawsuit in Indiana are:
- The state’s statute of limitations means that you have two years from the date of the accident to file a personal injury claim.
- Indiana is a comparative fault state, which means that multiple parties can be held responsible. As long as you are less than 51% responsible for the accident, you can file a claim.
- You have to prove that the other party was negligent, and that their actions caused the accident and, by default, your injuries.
Types of compensation after a car accident in Indiana
In Indiana, you can seek financial and non-economic damages in a car crash lawsuit.
Potential financial damages include:
- Medical expenses (current and future)
- Lost wages
- Loss of earning capacity
- Property damage (vehicle repair or replacement)
- Rental car costs
- Transportation expenses
- Home modification costs (if injury requires)
- Assistive devices or equipment
- Prescription medication costs
- Therapy and rehabilitation expenses
- In-home care costs
- Loss of employment benefits
- Vocational rehabilitation
- Increased living expenses due to injury
Non-economic damages may include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium (impact on marital relationship)
- Disfigurement
- Physical impairment
- Inconvenience
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of reputation
- Humiliation
- Loss of companionship (in wrongful death cases)
- Grief and sorrow (in wrongful death cases)
An essential step after an accident: Speak to an Indiana car accident lawyer
After a car accident in Indiana, one of the most important steps you can take is to consult with one of Yosha Law Firm’s knowledgeable and experienced attorneys. At Yosha Law Firm, we understand how difficult it is to survive and recover from a car accident. Even relatively minor injuries can be life changing! And the costs associated with a car accident can be insurmountable.
Working with an attorney increases your chances of receiving fair compensation for these difficult emotional and non-economic damages.
Because Indiana only allows victims to file a personal injury claim up to two years from the date of the accident, it is important not to wait to seek legal help.
Our attorneys are ready to provide you with a free case evaluation. In this free consultation meeting, we will get to know you and learn about what you experienced. We will learn about the accident, your injuries and losses, and what you know about the negligent party or parties who caused the crash.
If you choose to retain Yosha Law Firm, we will be your ally and advocate. Contact us today to set up a free case evaluation and take the first steps towards justice.
