Life can surprise us with unexpected problems, and accidents are one of the most common. More than 100 people are injured in wrecks every day in Indiana. If you were injured, you may be dealing with emotional, mental, or physical harm. The last thing you need to worry about is bills from a wreck that wasn’t your fault.
Dealing with personal injury claims can be tricky because there are many details and things that can go wrong. If you’ve been hurt in a car crash, a slip and fall, or because of a broken product in Elkhart, a personal injury attorney can help you through these challenges.
Let us guide you through the complicated legal process. We promise to fight for you, deal with tough insurance companies, and make sure you get the money you need to move forward confidently.
When Should I File a Personal Injury Claim?
Accidents can occur in the unlikeliest of places, such as slipping on a slippery restaurant floor or falling down a rickety staircase in a privately owned establishment. These unfortunate incidents may result in fractures or head injuries, necessitating urgent medical care and relief from the financial burdens they impose.
Each year in the United States, there are thousands of accidents that cause personal injuries, from workplace accidents to auto collisions. For instance, after declining by 18% in 2020, consumer product injuries increased by 7% for the second year in a row, while over 4.2 million people report workplace injuries annually (NSC Injury Facts).
According to the Legal Information Institute, personal injury encompasses harm inflicted upon a person’s body, emotions, or reputation, as opposed to harm to property. To initiate a personal injury claim, your ordeal must align with this legal definition.
If you are injured, it’s important to see a doctor right away. The papers and records the doctor gives you are critical for your injury claim. Even if you’re still getting treatment, don’t wait too long to start the claim.
Usually, there’s a limit to how long you can wait. Most companies want you to file your claim within 60 days from the date of the injury. Be careful because insurance companies might try to make your claim worth less.
It’s a good idea to talk to your Elkhart personal injury lawyer before agreeing to anything. In fact, you should let your attorney do the talking for you when you’re dealing with insurance companies.
Personal Injury Statute of Limitations
In the state of Indiana, the legal code IC § 34-11-2-4 prescribes a statute of limitations for personal injury claims. While exceptions do exist for minors and in limited other situations, in general, you should file your claim within two years from the date of the accident.
Causes for an Elkhart Personal Injury Claim
Numerous circumstances can culminate in substantial injuries, although not all injuries sustained on another party’s premises merit legal action. For instance, if you were intoxicated and suffered a brain injury while recklessly racing through a store, the grounds for a lawsuit against the store owners may be tenuous.
Common Accidents Leading To Personal Injury Claims Include:
- Slip and Fall Accidents: Business owners are responsible for their premises’ safety. If negligence causes a slip-and-fall accident, you may have grounds for a claim.
- Medical Malpractice: Personal injury claims stemming from medical malpractice can encompass misdiagnosis, improper prescriptions, or surgical mishaps.
- Construction Site Accidents: Construction sites are filled with hazards, including dangerous equipment and materials. Failing to follow safety protocols can cause injuries.
- Dog Bites: While dogs serve as wonderful companions, negligent pet owners who permit their dogs to roam unleashed can give rise to valid personal injury claims.
- Vehicle Accidents: Car accidents top the list of personal injury causes. If you’ve suffered an injury in an Elkhart car accident and bear less than 50% of the fault, you may be entitled to compensation.
Common Types of Personal Injury Claims
If another party’s negligence has caused you harm, it’s essential to know which personal injury claims could surpass standard insurance coverage. The most common injuries leading to legal claims include:
- Traumatic Brain Injuries: From mild concussions to severe brain damage, TBIs often result in personal injury claims.
- Bone Fractures, Sprains, Torn Ligaments: While an insurance provider’s fundamental liability coverage may encompass medical treatments for these injuries, if they result in lost wages, emotional distress, or a diminished quality of life, you may have grounds for additional compensation.
- Loss of Limb or Paralysis: In severe instances, injuries may cause limb amputation or paralysis. Even if an insurance company offers a swift settlement that appears substantial, it is advisable to talk to a personal injury attorney to ensure compensation that adequately factors in life-altering injuries.
Factors That Shape a Personal Injury Case in Elkhart
When you file a personal injury claim, many things can affect the amount of compensation you get – or even whether or not you get compensation at all. If an insurance company is difficult to deal with, a judge or jury will decide your case in the end.
Important things that can affect your case include how bad your injuries are, how they’ve affected your life, the money you lost from not working, who’s responsible, how well you’ve kept records of your injury, and what experts say.
How Long Do Personal Injury Cases Take to Settle?
Most personal injury claims settle before reaching court, with insurance companies liable for compensation. Typically, insurance settlements occur within 45 days, but if negotiations fail, a personal injury lawsuit can take several months to several years to settle.
How an Elkhart Personal Injury Lawyer Can Help
While you might consider navigating the legal process alone, an Indiana personal injury lawyer offers essential expertise to strengthen your case. Before choosing a personal injury lawyer, research their practice, seeking a proven track record and positive client reviews.
At Yosha Law, we view each client as an extension of our own family. We offer complimentary case evaluations designed to provide you with insights into the strength of your claim, and we will be there to guide you through every phase of your legal journey.
You don’t have to face the aftermath of your accident alone. Contact Yosha Law today to schedule your free case evaluation.