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Personal Injury Attorney in Fort Wayne, Indiana

If you have been injured in an accident, then you know just how life-changing an accident can be. Accidents cause physical, emotional, and mental injuries that can make it difficult to live with the same quality of life you had before the accident. 

If you have suffered from a personal injury in Fort Wayne, Indiana, our experienced injury attorneys are here to work with you. We can help you answer questions about what happens next, including: 

Yosha Law Firm eases the stress of personal injury cases, working with insurance to ensure clients receive justice.
  • How am I going to pay for my accumulating medical expenses?
  • What if I can’t go back to work? 
  • How will I make up for my lost wages because of missed work? 
  • How will I go on if I am permanently injured or disabled because of my accident? 
  • Is insurance going to cover enough to actually help me? 

Working with an experienced personal injury attorney in Fort Wayne can alleviate the stress associated with those questions! At Yosha Law Firm, we can help you explore your legal options – and follow through on your behalf with whatever is necessary to get you the compensation you are owed. 

At Yosha, we face the insurance agencies to make sure that you don’t have to keep wondering if you’re going to be okay.

Who Should File a Personal Injury Claim?

“Personal injury” is an umbrella term that covers many different kinds of accidents and injuries. 

The American Bar Association explains, “Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else’s act or failure to act. In a successful tort action, the one who caused the injury or harm compensates the one who suffered the losses.”

This means that anyone who has suffered an injury to their body or mind because of someone else’s actions–or even their inaction–can file a personal injury claim. 

This includes: 

All of these are accidents that cause physical pain and suffering, alongside significant financial burdens in the form of hospital bills, ongoing medical bills, missed work, and lost earning capacity. 

Unfortunately, accidents can happen anywhere and at any time. That certainly includes Fort Wayne.

You could slip and fall on a wet floor without a caution sign at a local grocery store, breaking your hip and requiring surgery. You could get into a car accident caused by a distracted driver on the 469 circle and suffer a traumatic brain injury that damages your memory and coordination. You could experience a misdiagnosis from one of our hospital networks that prevents you from starting timely treatment for a serious health condition. 

Similarly, you could be bitten by an aggressive dog that escaped its enclosure, or you could get injured at work when faulty construction equipment wasn’t properly maintained. 

We know that list can sound pretty bleak, but unfortunately, these are the kinds of accidents that happen every day in America, including here in Fort Wayne. 

Experienced personal injury attorneys in Fort Wayne can assist in pursuing fair compensation for the full extent of damages.

Personal Injury Compensation

After an accident, you can seek compensation for both economic and non-economic damages. The goal of compensation is to make you whole again or get you as close to wholeness as possible. Compensation can’t take away your suffering, just as it can’t rewrite time. It can, however, alleviate the financial burden of your accident. 

By eliminating the financial burden, you are free to focus on healing physically and mentally from your injuries. 

Economic damages may include: 

  • Medical expenses, including doctor’s appointments 
  • Medication costs
  • Hospital bills
  • Rehabilitation costs
  • Lost wages from missed work
  • Lost capacity to work
  • Mobility devices
  • Medical equipment

Non-economic damages may include: 

  • Pain and suffering
  • Permanent disability
  • Loss of companionship
  • Loss of enjoyment of life
  • Emotional distress
  • Disfigurement 

In our experience, the non-economic damages associated with personal injuries often outweigh the economic expenses. That is not to downplay the serious financial burden of recovering from an accident, but rather, it is to emphasize that your pain and suffering after an accident deserve compensation just like the damages to your income and earning capacity. 

If you are unsure about what your compensation may cover, reach out to our team of knowledgeable personal injury attorneys in Fort Wayne. We are always happy to answer your questions and help you make an informed decision about pursuing fair compensation.

How to Prove Fault in a Personal Injury Lawsuit

In order to get compensation for your injuries and losses, you have to demonstrate that another party was at fault for the accident. Sometimes, accidents are caused by multiple parties, and it’s even possible that you partially caused the accident through your own behavior. 

You can see how this gets complicated! 

Proving fault on your own can be very difficult. Choosing to work with a personal injury lawyer in Anderson means that you get the support of a team of legal professionals who know how to demonstrate culpability after an accident. 

Your personal injury lawyer will collect evidence and build a case to present to the insurance company, judge, or jury. 

This may involve: 

  • Collecting evidence from the scene
  • Acquiring and reviewing police reports
  • Interviewing eyewitnesses
  • Gaining access to video surveillance 
  • Hiring and interviewing expert witnesses
  • Recreating the scene of the accident

Through this evidence, your attorney will build a case that one or more parties was responsible for the circumstances that caused your injuries. 

There are 4 things that must be true in order for the court to assign liability to an at-fault party. 

  • Duty of care: You must prove that the defendant owed a duty of care to the plaintiff under the circumstances. For example, a property owner has a duty of care to maintain safe premises for their customers, employees, and other visitors, and drivers have a duty of care to drive responsibly on the road. 
  • Breach of duty: You have to demonstrate that the defendant’s actions fell below the expected standard of care. In other words, they breached their duty that they had to you. 
  • Causation: Your lawyer will show that the breach of duty was the direct cause of your injuries. 
  • Damages: You have to prove that you suffered tangible damages, including things like medical bills, lost income, pain and suffering, etc. from the other party’s actions. 

In short, your lawyer needs to demonstrate that the defendant’s conduct was negligent, meaning they failed to act with a reasonable level of care. In some cases, a failure to act can also be viewed as negligence. 

The liable party for an accident is the one who meets the above qualifications.

What if the injured party was partially responsible for the accident? 

We get this question a lot. In many accidents, victims are partially responsible for their injuries. Here’s an example: Let’s say that you are speeding and collide with a driver who has just run a red light. 

The driver who ignored the red light has clearly violated traffic laws, and they are the primary cause of the accident. However, your excessive speed may have contributed to the accident because: 

  1. Speeding reduced your ability to notice and react to the red light runner in time
  2. Speeding increased the severity of the collision and the resulting injuries
  3. Speeding contributed to your inability to take evasive action and avoid the wreck 

In some states, bearing any responsibility at all would make it impossible for you to sue for damages. However, Indiana works as a modified comparative negligence state. As long as you are less than 50% responsible for the accident, you can file a personal injury claim for damages.

Importantly, your total award amount will be reduced by the percentage of your responsibility. If it is agreed during negotiations that you were 20% responsible for the accident, your settlement will be reduced by 20%. 

According to Indiana Code § 34-51-2-6, you cannot collect compensation for your injuries if the court finds that you are more than 50% to blame for the accident. You may not know how much responsibility you bear, but an experienced attorney can help identify how your actions contributed to the accident. 

Experienced lawyers in Fort Wayne navigate Indiana’s complex personal injury laws to protect their clients' claims.

Benefits of Working with an Experienced Personal Injury Attorney in Fort Wayne

Working with a personal injury attorney is one of the best ways to ensure that you get the compensation you deserve. Trying to navigate the legal aftermath of an accident is incredibly difficult. As medical experts work with you to heal your body, legal experts can support you on your path to just compensation. 

These are some of the things that you can get from working with a personal injury attorney in Fort Wayne: 

  • Professional case evaluation: Your Fort Wayne personal injury attorney will assess your case’s strength and potential value. We can help you understand your legal rights and all of your options from the start. 
  • Expert negotiation with insurance companies: Even though insurance companies often attempt to minimize their payouts, an attorney will fight for the max compensation possible. To do so, your attorney will handle all communication and negotiations. We protect your interests while you focus on your recovery. 
  • Proper documentation and evidence gathering: Instead of worrying about whether or not you are doing it right, trust your attorney, who knows exactly what evidence is needed to build a strong case. This includes everything from medical records to expert testimony. Importantly, your Fort Wayne personal injury attorney also knows how to properly preserve and present this evidence during negotiations or at trial. 
  • Full understanding of Indiana law: Your attorney can navigate the legal complexities of a personal injury claim, as they have deep knowledge of Indiana’s statutes, including comparative negligence and local court procedures. 
  • Case management and deadline compliance: Your attorney will handle all paperwork and meet critical deadlines. In short, a personal injury lawyer will manage the entire legal process, keeping you informed every step of the way. 
  • Access to resources: Working with an established law firm in Fort Wayne gives you connections with medical experts, accident reconstructionists, expert witnesses, and other professionals who can strengthen your case. 

No Upfront Costs with Yosha Law Firm

Most personal injury attorneys, including the experts at Yosha Law Firm, work on a contingency fee basis. That means that you don’t pay anything unless we win your case! You can pursue justice without adding financial strain during your recovery. 

Most cases are resolved during negotiations, but we prepare every case to go all the way to court if necessary. You can learn about some of our many successful cases by checking out our testimonials!

Fort Wayne Personal Injury FAQ

The duration of your case depends on several factors, including:

  • The complexity of your injuries and treatment needs
  • Whether liability is disputed by other parties 
  • The number of parties involved (fewer parties usually results in a faster resolution)
  • Insurance company cooperation (or lack thereof!)
  • Whether the case settles or goes to trial

While some cases settle within a few months, others may take a year or longer to resolve. We work efficiently to move your case forward while ensuring we don’t settle too quickly before understanding the full extent of your injuries and damages.

While you should report your accident to your insurance company, we recommend that you:

  • Don’t give recorded statements without consulting your attorney
  • Don’t sign any documents or accept settlement offers
  • Don’t discuss fault or details of the accident
  • Don’t minimize or downplay your injuries

Most importantly, direct all communication through your attorney once you have legal representation

Insurance adjusters may seem friendly, but their job is to minimize the company’s payout. Let us handle these communications to protect your rights.

To support your case, we recommend that you: 

  • Seek immediate medical attention
  • Follow all treatment plans
  • Document your injuries and recovery with photos
  • Keep a detailed calendar of medical appointments
  • Save all receipts for accident-related expenses
  • Avoid social media posts about your case
  • Be honest with your medical providers and legal team
  • Maintain a pain and recovery journal
  • Get contact information from witnesses
  • Preserve physical evidence when possible

During your free initial consultation, we will:

  • Review the details of your accident
  • Examine any documentation you’ve gathered
  • Explain your legal rights and options
  • Answer your specific questions
  • Discuss our approach to handling your case
  • Explain our contingency fee structure
  • Outline the next steps if you choose to work with us

If a defendant files for bankruptcy during your case, you can expect the following things to happen: 

  • An automatic stay may temporarily halt proceedings
  • We can petition the bankruptcy court to continue your case
  • Insurance coverage may still be available
  • Other defendants might share liability
  • We’ll explore all options to protect your interests

As your attorneys, we would never abandon you just because the responsible party files for bankruptcy. We would make sure that you know all of your options before making any decisions about how to move forward. 

Your health insurance interaction with your case is important:

  • Use your health insurance for immediate medical care
  • Keep records of all insurance payments and explanations of benefits
  • Your health insurer may have a right to reimbursement
  • We help negotiate with health insurance companies

Understanding these relationships helps maximize your recovery.

Managing your work situation during a case requires careful consideration:

  • Communicate with your employer about your injuries
  • Document any lost work time
  • Keep records of sick leave or vacation time used
  • Understand your short-term and long-term disability options
  • Get medical documentation for work restrictions
  • Consider light duty if offered and medically appropriate

Expert witnesses can be crucial to proving your case. It is your attorney’s responsibility to find these experts, who are prepared to prove the truth of what happened to other attorneys, insurance companies, and even a judge or jury. 

  • Medical experts explain your injuries and future needs
  • Economic experts calculate lifetime costs
  • Accident reconstructionists explain how the incident occurred
  • Life care planners detail long-term care requirements
  • Industry experts establish safety standard violations

Let Yosha Law Firm Give You Peace of Mind

The most important thing we can do is give you peace of mind. When you choose an experienced Fort Wayne personal injury attorney at Yosha Law Firm to handle your claim, you can focus on what matters most: your recovery. 

Work on getting your life back on track while we work on protecting your rights. 

To learn more about what Yosha Law Firm can do for you after an injury in Fort Wayne, schedule a free consultation today. We’ll review your case and give you the answers you’ve been looking for. 

Don’t wait until it’s too late to take action. We’re ready to help you today.

Buddy Yosha Has Been Listed In Every Edition Of
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Let Us Fight For You - Schedule Your Free Case Evaluation

Right now, you might feel like life will never go back to normal. Despite your mounting medical bills and significant physical and emotional pain, faceless insurance companies will try to devalue your quality of a life – whether it’s yours or a loved one’s. But, you don’t need to fight this battle alone.

While no amount of money can erase the past, you deserve full and just compensation as entitled by Indiana law. Our team of experienced legal professionals is dedicated to advocating for your brighter future and ensuring your voice is heard.

Let us know what’s happened to you and receive a free case evaluation as your first step towards justice.

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