If you were injured in an accident in Bloomington and it wasn’t your fault, you may be wondering what your next move should be. You may be in pain, missing work, and afraid of what the future might bring. You may also have already spoken to an insurance agent who offered you a quick payoff that is far below the true value of your damages.
You deserve compensation for your losses, but you may be feeling overwhelmed by the thought of recovering from your injuries while you navigate the legal system. You don’t have to be in this fight alone. Get in touch with a personal injury lawyer in Bloomington from Yosha Law for support and guidance throughout every stage of your claim.
What Is Considered a Personal Injury?
A personal injury happens when one party has a duty of care toward another, fails in that duty of care, and causes an accident. For example, according to Indiana Code §9-21-8-37, motorists owe their fellow drivers a duty of care. A driver who was speeding, texting while driving, or otherwise breaking the law would fail in their duty of care and then be legally liable for damages.
To fight for compensation after an accident, a Bloomington personal injury lawyer has to identify the responsible party. Additionally, your attorney needs to prove the following elements.
A Lack of Reasonable Behavior
The defense, while in control of some property with which the prosecution interacted, failed to behave like a reasonable person would. This could mean driving recklessly, failing to maintain a piece of land, or producing a product that did not meet industry safety guidelines.
With lack of reasonable behavior established, the prosecution must show that said lack of behavior directly resulted in their accident. Further, the prosecution must prove that the accident in question caused the majority of the damage that the prosecution suffered.
What Types of Personal Injury Can You Sue for in Indiana?
The term “personal injury” covers a broad category of incidents. Some of the most common types of injury accidents our Bloomington personal injury attorneys handle include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Traumatic brain injuries
- Slip and fall accidents
- Pedestrian accidents
- Catastrophic injuries
- Wrongful death
If you’ve been injured as a result of a person or entity’s negligence, reach out to a personal injury attorney in Bloomington to find out how we can help.
What Damages You Can Claim After a Personal Injury?
The term “damages” refers to the costs you may be able to recover after a personal injury accident. This can be any costs you incurred as a result of the wreck and your injuries. Damages can be both economic and non-economic, which means it can refer to your bills and for the way the injury has negatively (and sometimes permanently) affected your life.
Economic damages will have a concrete dollar value, such as medical bills or the value of the wages you lost if you had to miss work due to the severity of your injuries. Economic damages could also include the cost of your future medical treatment, property damage from the accident, or the loss of your ability to earn a living in the future.
This type of damages will not have an exact amount associated with them. Non-economic damages are compensation you receive for the value of the way your life was impacted. For example, you may be awarded a certain amount for the pain and suffering you endured, or for the loss of companionship if your spouse dies as a result of a wrongful death accident.
What Is the Deadline for Filing an Injury Claim in Indiana?
The statute of limitations is the legal time limit in which the victims of personal injury accidents have to file a claim. Indiana’s statute of limitations is two years. This means in most cases you have two years from the date of the accident to file a lawsuit. There are a few exceptions to this rule, so it’s always worth contacting a lawyer to learn more about your rights and options.
What Should I Do If I Am Injured in an Accident in Bloomington?
What you do in the minutes, hours, days, and even weeks after a personal injury accident can significantly affect the amount of compensation you can get in a lawsuit – or even prevent you from getting compensated at all. Following these steps will increase your chances of getting fair and adequate compensation:
- Immediately report the accident to the police.
- Document the scene of the accident with photos, videos, and written notes.
- Get the contact information of any witnesses and videotape or write down witness statements.
- Don’t assume your injuries aren’t serious – see a doctor right away.
- Contact a personal injury attorney Bloomington, IN, before you speak to any insurance representative.
- Do not admit any degree of fault in the accident and do not apologize.
How Do You File a Civil Claim After an Injury Accident in Bloomington, IN?
When filing for a claim in Bloomington, Indiana, state law requires you to submit a written letter that includes specific information within 180 days of the event. You should also include any documentation that will be used as evidence for the claim. The documentation, along with the written letter, can be addressed to:
City of Bloomington, Risk Management Division, 401 N. Morton St., Suite 220,
and Bloomington, IN 47402
The court will then approve or deny your claim within 90 days of the submission. A Bloomington personal injury attorney can handle this process for you from start to finish.
The Time Limit to File a Personal Injury Claim in Indiana
According to Indiana Code §34-11-2-4, you have two years from the day an accident takes place to submit a personal injury claim. Failing to submit a claim within this period of time will mean the state will waive your right to compensation for your losses. This is why it’s a good idea to contact a personal injury lawyer Bloomington, IN, as soon as possible.
Connect With A Bloomington Personal Injury Attorney Today
Suffering personal injuries at the hands of a negligent party can leave you feeling helpless and alone. Fortunately, legal help is available. Yosha Law is committed to seeing that justice is served on your behalf, and we will protect your rights.
A Bloomington personal injury lawyer could help you seek compensation for a wide range of damages, including pain and suffering, mental anguish, lost wages, and loss of enjoyment of life. Reach out today to schedule a consultation.