Traffic accidents are unfortunately common, especially with the rise in cellphone use. If a driver is negligent or distracted behind the wheel, it can quickly result in a serious collision that causes harm to other parties.
Fortunately, a personal injury attorney based in Fort Wayne, IN, could assist you with seeking financial compensation after such an incident. Do not hesitate to speak with a Fort Wayne car accident lawyer at our firm about your legal options.
Schedule a Free Case Review with Our Car Accident Attorneys in Fort Wayne, Indiana
A Fort Wayne automobile accident attorney at Yosha Cook & Tisch can assist you in holding a negligent or reckless motorist accountable if you or a loved one was injured in a collision that was their fault. We will support you in obtaining justice and financial compensation for your losses, including property damage, medical expenses, and lost wages.
Additionally, we provide a free consultation during which you may learn more about your legal choices and get advice on what to do next.
What Compensation Can Your Fort Wayne Car Accident Attorney Recover for You?
The financial losses and personal injuries someone experiences in a car wreck are known as damages. They are often divided into different categories primarily based on how easy it is to calculate their value.
The losses with a set monetary value, such as medical bills, vehicle repair costs, prescription costs, and lost wages, are known as economic damages.
On the other hand, intangible losses, such as pain and suffering, disability, disfigurement, and decreased quality of life, do not have a set monetary value and are known as non-economic damages.
In some cases, punitive damages may be available, but these are reserved for particularly egregious cases. Suppose the defendant driver in an auto collision case was texting while driving or intoxicated at the time of the accident. In that case, the claimant should speak with their Fort Wayne car crash lawyer about seeking punitive damages.
Remember that if you are at least 50% at fault for the collision, you may be disqualified from receiving compensation under Indiana law. You may be entitled to compensation if your percentage of culpability is 50% or less. However, your damages will be diminished depending on how much blame is placed on you. For this reason, it’s imperative that you discuss your case with a car crash attorney in Fort Wayne.
If you lost a loved one in a car crash in Fort Wayne, we could help you deal with a wrongful death claim or lawsuit. Its purpose is to compensate survivors for their financial and emotional losses due to the accident victim’s death. You may be entitled to damages for mental anguish, loss of companionship, and loss of support, as well as funeral and burial costs and the price of any medical care the victim has received in the time between the accident and their passing.
What Are the Most Common Car Accident Injuries You Could File a Claim For?
Since the circumstances surrounding car accidents can vary greatly, the extent of damages to an individual’s personal property or their person can also range greatly. However, given the commonalities between standard vehicles and safety equipment, if employed, there are some car accident injuries more common than others, including:
- Lacerations and burns
- Broken bones
- Head, neck, and spinal cord injuries
- Amputated or paralyzed limbs
Due to the severity of these injuries, motorists, pedestrians, cyclists, and motorcyclists injured by a negligent driver often require substantial medical care. As such, it is important anyone injured in a car crash in Fort Wayne speaks with an experienced personal injury attorney who could assist them in being fairly compensated for their medical bills and personal harm.
What Are the Most Common Types of Fort Wayne Car Crashes You Could File a Claim or Lawsuit For?
Car accidents occur under many different circumstances. These accidents could involve a single car or multiple vehicles. While the facts surrounding a car accident could vary, these collisions all share the potential for severe injuries.
- Head-On Collisions – often involve severe or fatal injuries. These accidents involve damage to the front end of two vehicles. One of the reasons this type of accident has severe consequences is the tremendous force generated by two vehicles striking each other while traveling in opposite directions.
- Side-Impact Collisions – involve damage to the side of a motor vehicle. These accidents come in two categories: T-bone and broadside collisions. A T-bone collision results from the front of one car striking the side of another. Broadside collisions—also known as sideswipe accidents—occur when the sides of two cars collide.
- Rollover Accidents – Rollover car accidents are particularly dangerous. These accidents occur when a motorist loses control of their vehicle, causing to it flip and roll. Rollover accidents often involve a single vehicle.
Driving safely is undoubtedly important for protecting both you and other people.
However, reckless driving can result in permanent harm and change many people’s lives forever.
Because of this, you must always abide by the law when driving and speak with a Fort Wayne, Indiana, car accident lawyer as soon as possible following a collision.
We are here to fight for your rights even though insurance companies may try to assign blame for the collision to you to pay as little as possible. Until you receive the compensation you are entitled to, your attorneys will investigate the accident, gather evidence, speak with witnesses, and negotiate with insurers regarding a fair settlement.
What Should You Do After a Car Accident in Fort Waye?
The steps you take following a car crash could dramatically impact the outcome of your future injury case. The right steps could protect your injury claim, while the wrong step could put your case at risk.
Seek Immediate Medical Attention
A person injured in a car accident should seek care from a medical professional immediately. This is true whether you live with a debilitating injury or if your condition seems relatively minor. It is not uncommon for these injuries to worsen over time, making it critical to see a doctor right away. Some injuries do not exhibit symptoms right away. For that reason, pursuing medical care for seemingly minor injuries is helpful.
Do Not Discuss The Case with Anyone
Discussing the facts surrounding an accident is a good way to put a personal injury claim at risk. This is true in the moments after the crash while exchanging information with the other driver. The most important time to avoid discussing the nature of an accident is with the other driver’s insurance company. Insurers frequently take things out of context to avoid paying for injury claims.
Talk to an Attorney
The one exception when it comes to discussing an injury case is with an attorney. In fact, speaking with a car crash lawyer in Fort Wayne could be the best way to protect a personal injury case following a car accident with injuries. The guidance of a legal expert could be invaluable through every step of the litigation process. Their assistance is vital when it comes to negotiating a monetary settlement or evaluating the issues that might come up at trial.
There is no requirement under the law that an injury victim must hire an attorney. However, the benefits that come with hiring skilled legal counsel could make all the difference.
Who Might Be the Responsible Parties for Your Fort Wayne Traffic Collision?
For most people, the immediate response to an accident with another driver is to assume they were at fault. Often that is the case. After all, driver error is among the most frequent causes of motor vehicle collisions. It is important to remember that other parties could also be responsible for your accident. The parties that could be responsible for an accident include:
- The other driver – The obvious defendant in most car accident claims and lawsuits is the other motorist involved in the crash. Another driver’s negligence could result in a motor vehicle collision in countless ways. Motorists could cause an accident by speeding, driving while intoxicated, or failing to yield the right-of-way. When drivers commit moving violations or are otherwise careless behind the wheel, they could face responsibility for any accidents they cause.
- Employers – When a driver negligently causes an accident, their employer could be on the hook for any damage that occurs. This is true when the driver acted within the scope of their employment during the crash. The employer could avoid liability if that person was on a personal errand or not otherwise performing work duties. A car accident attorney could help determine where an employer faces any liability for an accident. The negligence of the employer could also result in financial liability. For example, it could be possible to sue an employer based on their negligent hiring practices or refusal to maintain the company vehicle in safe working order.
- Mechanics – Sometimes, an accident occurs due to a mistake made by a mechanic. From installing a new part incorrectly to making a defective repair, a mechanic could cause an issue in a vehicle that leads to a collision. When this happens, it could be possible to hold them accountable through a personal injury lawsuit.
- The car manufacturer – Car accidents often occur due to mechanical failure or other forms of defects. When a mechanical defect in a motor vehicle causes an accident, it could be possible to pursue a lawsuit against the vehicle manufacturer.
Why Work with Yosha, Cook & Tisch Car Accident Attorneys in Fort Wayne?
Although case outcomes vary greatly and precise outcomes cannot be guaranteed, your car accident lawyer in Fort Wayne, Indiana, can assist you in obtaining compensation. Our legal experts at Yosha Cook & Tisch will examine your accident and inform you of the likely results regarding your legal recovery.
We Will Establish Negligence and Fault in Your Fort Wayne Car Crash
To recover compensation for a traffic accident, the injured party must prove the other driver was negligent. Negligence occurs when someone breaches a duty they owe to someone else, which causes an injury.
For example, every motorist has a duty to drive their vehicles safely and responsibly. If a motorist fails to operate their vehicle safely by turning their attention to something else, such as a cell phone, and colliding into another vehicle, causing harm to the driver or their property, they have breached that duty and are negligent.
However, proving each element required to establish negligence may be a challenging task most suited for a traffic accident attorney in Fort Wayne. When engaging in litigation or settlement discussions, intimate knowledge of the law and judicial system are valuable attributes that cannot be easily substituted.
We Will File Your Case within the State’s Statutes of Limitations
While there is an opportunity to pursue a civil lawsuit following a car accident, that opportunity is not open-ended. If the injured party waits too long to file their lawsuit, they could miss out on compensation due to the statute of limitations.
The statute of limitations for a car accident injury case in Indiana is two years. The two-year period begins to expire on the date of the accident. Complying with this deadline is important, as filing a lawsuit after the statute’s expiration date could jeopardize an injury claim. Following a statute of limitations violation, the court will likely dismiss the case with prejudice.
There are some exceptions that pause the statute of limitations. Some of these exceptions, including the concealment of liability, rarely apply to car accident cases. The most common exception that applies to car accident cases involves legal disabilities. A legal disability includes a minor under 18 or an adult who is mentally incapacitated. Given what is at stake, assuming these exceptions will apply is risky. Instead, discuss the deadline to file a lawsuit with an experienced Fort Wayne car accident attorney.
We Can Take Your Case to Trial If Necessary
When you hire a Fort Wayne auto accident lawyer for your case, we handle everything for you.
If your accident injuries were caused by a vehicle manufacturer, a mechanic, the city, etc., your case would most likely go to trial, as these entities will do everything in their power to blame you or push you into accepting a lowball settlement.
For this reason, it is crucial you choose Fort Wayne car accident attorneys with extensive trial experience. Yosha Cook & Tisch always prepare all of our cases as though we could go to trial at any time since our firm has a lot of trial experience and some cases don’t settle easily.
Seek Help from a Fort Wayne Car Accident Attorney Today!
If a reckless or careless driver harmed you or a loved one, you have legal options available to you. A skilled Fort Wayne car accident lawyer could help you gather evidence to prove the negligent motorist is liable for all of your personal and financial losses.
Call our firm today to schedule your initial consultation!