Car accidents, on average, occur every few minutes across the State of Indiana, and if you’re a victim, it can impact every part of your life. These incidents can result in severe physical injuries and life-altering impairments. A crash can also inflict emotional trauma and cause you to lose significant income and wages over weeks, months, years, or even a lifetime.
If you have suffered harm due to the careless driving of another motorist, you are entitled to compensation. And, according to Indiana law, you shall be made “whole” for your injuries and losses. To get justice when you are injured in a wreck that was caused by another party’s negligence, reach out to the Indianapolis car accident lawyers at Yosha Law.
In the wake of a car collision, hiring the best Indianapolis car accident attorney can make all the difference. Getting compensation for your medical bills and pain and suffering can relieve financial stress, which will allow you to focus solely on your road to recovery.
Who You Can Hold Liable in an Indianapolis Car Accident Claim
In an Indianapolis car accident claim, you can potentially hold several parties liable, depending on the specific circumstances of your accident. Here’s a list of possible liable parties:
- The most common liable party in car accident claims is other drivers, especially if they were negligent, reckless, or violated traffic laws.
- If different from the driver, the vehicle’s owner may be held liable under certain circumstances.
- If the at-fault driver was on the job at the time of the accident, their employer could be held responsible.
- If poor road conditions or faulty traffic signals contributed to the accident, various government entities could be liable.
- If a vehicle defect caused or contributed to the accident, the vehicle’s manufacturer could be liable.
- If a faulty car part led to the accident, the parts manufacturer would be held responsible.
- If improper repairs or maintenance contributed to the accident, you can file a claim against the mechanic or repair shop.
- In some cases, bars or restaurants that over-served an intoxicated driver may be held partially liable under Indiana’s dram shop law.
- If road construction hazards or improper signage played a role in the accident, a construction company can be held liable.
- In accidents involving trucks or other commercial vehicles, you can file a claim against the company that owns the vehicle.
- In accidents involving rideshare drivers, depending on their status at the time of the accident, you may be able to file a claim against the rideshare company.
- In some cases involving rental cars, you can sue the car rental company.
- If an underage driver caused the accident, the parents of a minor driver can be held responsible.
Determining liability often requires a thorough investigation of the accident circumstances. An experienced car accident attorney can help identify all potentially liable parties to ensure you pursue full compensation for your injuries and damages.
Damages You Can Recover in an Indianapolis Car Accident Claim
Damages you can recover in an Indianapolis car accident claim include:
Medical Expenses
The cost of inpatient hospitalization treatment after a car accident can be $50,000 or more.
When you add the cost of the ambulance and the cost of emergency room treatment and any surgeries, you may quickly find yourself in a financial mess through no fault of your own.
These damages can make up for those costs, both now and in the future.
Lost Wages
After a car accident you may end up in the hospital for days, weeks, or even longer.
This can result in missing a significant amount of work, and, for some accident victims, the loss of their ability to work in the future.
This type of compensation can make up for the income you lost during your time off of work for hospitalization and recovery and your future lost income.
Property Damage
Think about how often you carry valuable property in your vehicle, such as your laptop or other electronic devices or even items you purchased that are in your trunk while you’re driving home from shopping.
If you were in an accident and these items were destroyed, who would be responsible for covering the costs?
This type of compensation covers lost property expenses.
Pain and Suffering
Pain and suffering is a type of non-economic damage, which are damages that don’t have a bill with a concrete amount associated with them.
You deserve compensation for the pain and suffering you endured as a result of the accident and your injuries.
The amount you will get for your pain and suffering will be based on the amount of your economic damages.
Loss of Enjoyment of Life
This type of non-economic damages is meant to compensate for the inability to participate in activities or hobbies you once enjoyed due to your injuries.
As with other types of non-economic damages, in general, this type of compensation will be based on your other damages.
In general, the more serious your injuries, the higher your non-economic damages will be.
Emotional Trauma
Don’t hesitate to get treatment for any psychological effects from the accident due to the cost, as this is also an injury that needs to be treated.
You are also entitled to compensation for emotional trauma you suffered as a result of the accident.
This includes compensation for psychological impacts such as anxiety, depression, or PTSD related to the accident.
Disfigurement or Permanent Scarring
When an accident results in disfigurement or permanent scarring, it can affect every area of your life, from your ability to find employment to your psychological well-being.
These damages are meant to compensate for injuries that resulted in visible, long-lasting physical changes.
This is also a type of non-economic compensation that will be based on your overall damages.
Loss of Consortium
Serious injuries in an accident can rob you of the close relationship you enjoy with your partner in an instant.
Rather than being romantic partners or sharing in activities you used to enjoy, you could end up in a caretaker role for a disabled spouse.
This type of compensation is meant to make up for the negative impact on your relationship with your spouse or partner.
Punitive Damages
Punitive damages:may be ordered by a judge in some cases where extreme negligence is demonstrated.
For example, if the defendant intentionally caused the collision in an act of road rage.
When punitive damages are ordered, it is meant to discourage this type of behavior in the future by imposing financial penalties on the defendant.
The specific damages and amounts you can recover will depend on the details of your case. An Indianapolis car accident attorney from Yosha Law can help you identify and pursue all applicable damages to maximize your compensation.
What You Can Expect During an Indianapolis Car Accident Claim
Here’s what you can typically expect during your Indianapolis car accident claim:
Initial consultation
Meet with an attorney to discuss your case and decide on representation. |
Investigation
Your lawyer will gather evidence, including police reports, witness statements, and medical records. |
Medical treatment
Continue receiving necessary medical care and keep records of all treatments. |
Claim filing
Your attorney will file a claim with the relevant insurance companies. |
Demand letter
Once your medical condition stabilizes, your lawyer will send a demand letter to the insurance company. |
Negotiations
Your attorney will negotiate with the insurance company to reach a fair settlement. |
Possible lawsuit filing
If a fair settlement can’t be reached, your lawyer may file a lawsuit. |
Discovery phase
Both sides exchange information and evidence related to the case. |
Mediation
A neutral third party may try to help both sides reach an agreement. |
Trial preparation
If the case doesn’t settle, your attorney will prepare for trial. |
Trial
Your case will be presented before a judge or jury, who will determine the outcome. |
Appeal
Either party may appeal the decision if there are grounds to do so. |
An Indianapolis car accident attorney from Yosha Law can help you identify and pursue all applicable damages to maximize your compensation. |
Let Your Indianapolis Car Accident Lawyer Handle Communications With Insurance
It is essential that you not talk to the insurance company representative for the opposing party. Such communication could jeopardize your case and make your Indiana car accident lawyer’s representation difficult. In short, this is our job, and you should let us be your spokesperson.
Your own insurance company may wish to have some information from you, and you should report your accident to your own company. If your company wishes to take a tape-recorded or handwritten statement from you, you should contact us for further advice.
As for your health insurance company (if you have health insurance), you can maintain communication with them regarding the payment of medical bills unless your injury lawyer advises you otherwise.
Indiana’s Fault Laws and Indianapolis Car Accident Claims
Indiana’s fault laws significantly affect car accident claims where shared fault is involved. The state follows a “modified comparative fault” rule, also known as the “51% fault rule.” Here’s how it works:
Shared fault Multiple parties can be found partially at fault for an accident. |
51% threshold You can recover damages as long as you’re found to be 50% or less at fault for the accident. |
Barred recovery If you’re found to be 51% or more at fault, you cannot recover any damages from other parties. |
Reduced compensation Your compensation is reduced by your percentage of fault. For example, if you’re awarded $100,000 but found 30% at fault, you’d receive $70,000. |
Fault determination Insurance adjusters or a court will determine the percentage of fault for each party involved. |
Negotiation impact Fault percentages can be a key point of negotiation in settlement talks. |
Evidence importance Strong evidence is crucial to minimize your assigned fault percentage. |
Multiple defendants In cases with multiple at-fault parties, fault can be distributed among them. |
No-fault insurance Indiana is not a no-fault state, so these rules apply to all car accident claims. |
Legal representation An experienced attorney can help argue for a lower fault percentage on your behalf. |
To get your free consultation
Give us a call! We are available 24/7 to take your call we are ready to help you move forward after a wreck. |
This system makes it vital to gather strong evidence and present a compelling case to minimize your assigned fault and maximize your potential compensation. It also underscores the importance of skilled legal representation in navigating these complex fault determinations.
An Indianapolis Car Accident Lawyer Can Take Your Case to Trial
At Yosha Law Firm – Personal Injury Lawyers in Indianapolis, we have a storied reputation for holding insurance carriers accountable and ensuring our clients receive proper compensation for their damages. We maintain a busy litigation practice and are routinely referred to cases by other personal injury firms.
Our greatest reward is being able to represent clients who were referred to us by past satisfied clients. Importantly, insurance carriers tend to give much better offers to clients of attorneys or firms that are known for aggressively litigating their cases and claims.
The firms who fight till the end for their clients. To this point, our founder, Buddy Yosha has tried over 100 jury trials in his career, which is more than any attorney in Indiana’s history.
How an Indianapolis Car Accident Lawyer Proves Fault in a Claim
To get compensation for your losses after a car crash, you must be able to prove that the accident was another driver’s fault. Your car accident lawyer in Indiana will collect evidence that will demonstrate another party’s fault for the collision. This may include:
- A police report
- Traffic camera footage
- Witness statements
- Proof of a driver being intoxicated or under the influence
- Accident reconstruction reports
Proving fault is important when you consider the state’s modified comparative negligence law. According to Indiana Code § 34-51-2-5, injured people can only collect compensation if they do not carry more than half the blame for a collision. It is a common tactic for defendant drivers to argue that an injured person shares some or all of the responsibility for a collision.
The specific damages and amounts you can recover will depend on the details of your case. An Indianapolis car accident attorney from Yosha Law can help you identify and pursue all applicable damages to maximize your compensation.
Our Indianapolis Car Accident Lawyers Make Sure Your Medical Bills Are Resolved at the End of Your Case
When you’ve been seriously injured in an accident, medical bills are most likely one of your biggest concerns. After all, you weren’t expecting to be injured in an accident, and not everyone can cover the costs associated with medical treatment after a wreck. That’s where our Indianapolis car accident attorneys come in.
Our firm has dealt with the insurance industry and medical providers since 1963. We hold over one-half of a century’s worth of experience handling personal injury claims. We have mastered the art of dealing with subrogation rights and medical liens.
By hiring experienced counsel, you can rest assured you are not paying any more than necessary for these medical liens. To learn more about getting your medical costs covered in the aftermath of a wreck, reach out to Yosha Law by filling out our online contact form or calling us.
Indianapolis Car Accident Lawyer FAQs
When Should I Hire A Car Accident Lawyer in Indianapolis?
You should consider hiring a car accident lawyer in Indianapolis as soon as possible after an accident, especially if any of the following situations apply:
- You’ve suffered significant injuries
- There’s dispute over who’s at fault
- The accident involved multiple parties
- You’re facing large medical bills or extended time off work
- The insurance company is offering a low settlement or denying your claim
- The accident involved a commercial vehicle
It’s particularly crucial to consult a lawyer quickly if your injuries are severe or if the insurance company is pressuring you to settle. Even in seemingly straightforward cases, having a lawyer early on can help protect your rights.
How Much Does it Cost to Hire an Indianapolis Car Accident Lawyer?
Our Indianapolis car accident lawyers work on a contingency fee basis, which means you don’t pay any upfront costs. Instead, the attorney’s fee is a percentage of the settlement or court award you receive if your case is successful. If you don’t win your case, you generally don’t owe the lawyer any fees.
What Types of Compensation Can I Seek After a Car Accident in Indianapolis?
After a car accident in Indianapolis, you can typically seek several types of compensation. These may include medical expenses (both current and future), lost wages, loss of earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life. In severe cases, you might also be eligible for compensation for permanent disability or disfigurement.
How Long Do I Have to File a Car Accident Claim in Indianapolis?
In Indiana, you generally have two years from the date of the car accident to file a personal injury lawsuit. However, there are some exceptions to this rule:
- If the accident resulted in a fatality, the family has two years from the date of death to file a wrongful death claim.
- If you’re filing a claim against a government entity, you may have a much shorter timeframe, sometimes as little as 180 days.
- For minors, the statute of limitations may be extended until they reach the age of 18.
It’s important to note that while you have up to two years to file a lawsuit, it’s usually best to start the claims process as soon as possible. Early action helps preserve evidence and witness memories, and allows more time for negotiations with insurance companies.
How Much Is an Indianapolis Car Accident Claim Worth?
The value of an Indianapolis car accident claim varies widely depending on the severity of injuries, extent of property damage, medical expenses incurred (both current and future), lost wages and earning capacity, pain and suffering, and the impact on quality of life.
While minor accidents might settle for a few thousand dollars, severe injuries resulting in long-term disabilities could lead to settlements or verdicts in the hundreds of thousands or even millions.
What Should I Bring to My First Meeting With an Indianapolis Car Accident Lawyer?
For your first meeting with an Indianapolis car accident lawyer, you should bring all relevant documents and information related to your case. This typically includes a copy of the police report, photos of the accident scene and vehicle damage, medical records and bills related to your injuries, correspondence with insurance companies, and any witness statements
- Check out Yosha Law’s car accident blog for the latest news and information.
Our Indianapolis Car Accident Attorneys Take on the Largest Corporations and Insurance Giants
Every day our firm arranges depositions, mediations, and trial dates against some of the largest insurance carriers in the country: Geico, State Farm, Progressive, Farmers, and Liberty Mutual, among many others. Our trial attorneys have litigated cases against Fortune 500 companies.
Recently, Yosha Law Firm obtained a $20.3 Million verdict for a client who sustained an electric shock injury while working in a power plant. In short, our firm is extremely comfortable standing toe to toe with the big, bad insurance industry.
What to Do After a Wreck to Protect the Value of Your Indiana Car Accident Claim
Here’s what you should do after a car accident in Indianapolis to protect the value of your claim in the case that you need to recover your damages:
- Ensure your safety: Move to a safe area if possible and check for injuries. There is nothing more important than your safety.
- Call 911: Report the accident to the police, especially if there are injuries or significant damage. This is also important because the officer will create an accident report.
- Seek medical attention: Even if your injuries seem minor, get checked by a medical professional. You will need the medical record for evidence in your case.
- Exchange information: Get contact and insurance details from all parties involved.
- Document the scene: Take photos and videos of vehicle damage, the accident site, and any visible injuries. Be sure to write down details like the weather, traffic conditions, etc.
- Gather witness information: If there are witnesses, get their contact details. Keep in mind that witness memories fade over time, so act quickly to get statements.
- Don’t admit fault: Your first instinct after a wreck may be to apologize. However, you should avoid discussing who was at fault with other parties or insurance representatives.
- Report to your insurance: Inform your insurance company about the accident promptly.
- Keep your records: Save all accident-related documents, including medical bills and repair estimates. Keep them together in a safe location.
- Consider getting legal advice: It’s worth consulting with a car accident attorney, especially if there are injuries or disputes about fault.
- Follow up on the police report: Obtain a copy of the police report for your records.
- Monitor your health: Watch for delayed symptoms that may appear days after the accident.
- Be cautious with early settlement offers: Don’t accept an insurance settlement without understanding the full extent of your damages.
- Preserve any evidence: Keep damaged property and torn clothing as potential evidence.
- Stay off social media: Avoid posting about the accident online, as it could be used against you. Even if your account is set to private, you are still at risk.
Not All Indianapolis Car Accident Law Firms Are the Same
If a particular firm or accident attorney does not have a reputation for regularly litigating car accident claims, the insurance carriers will exploit this fact by offering you less than full value for your losses. In fact, the insurance carriers know which firms have a track record for litigating their cases and which ones are merely legal advertisers running a settlement mill.
Without mentioning any name specifically, we know who these firms are. We feel compelled to address this reality with our fellow Hoosiers because Indiana’s civil justice system only allows an injured plaintiff one bite at the apple – you only get one day in court. You cannot come back with a different lawyer the next time around with the same injury claim.
How We Can Help You Navigate Your Indianapolis Car Accident Claim
Here’s how we can help you navigate your Indianapolis car accident claim:
- We give you a case evaluation: We’ll provide a free, thorough assessment of your case to determine its strength and potential value.
- We gather critical evidence: We’ll collect and preserve crucial evidence, including police reports, witness statements, and medical records.
- We deal with insurance companies: We’ll handle all communications with insurance adjusters, protecting you from potentially harmful statements.
- We calculate the full value of your damages: We’ll accurately assess all your damages, including future costs, to ensure you seek full compensation.
- We handle negotiations: We’ll skillfully negotiate with insurance companies to secure a fair settlement.
- We handle litigation preparation: If necessary, we’ll prepare your case for court, including filing all required documents within legal deadlines.
- We use expert witnesses: We can consult and secure expert witnesses to strengthen your case if needed.
- We provide aggressive trial representation: If a fair settlement can’t be reached, we’ll vigorously represent you in court.
- We provide ongoing support: We’ll provide guidance and support throughout the entire process, keeping you informed at every step.
- We do not charge any upfront costs: We work on a contingency fee basis, meaning you pay nothing unless we win your case.
Our goal is to alleviate your stress during this challenging time and to fight for the maximum compensation you deserve.
Never Choose an Indianapolis Car Accident Lawyer Based Solely on a Commercial
The majority of the high-volume television firms you notice advertising at all hours of the day are mass settlement mills. There are some exceptions. However, even the exceptions fail to deliver optimal results because most of their time and financial resources are tied up in marketing campaigns. That is not us.
At Yosha Law, our car accident lawyers in Indianapolis exhaust our energy in the courtroom or at the negotiating table, not in front of the camera. We routinely visit with our clients in their homes, and we break bread with their families to better understand how this act of negligence has affected them. By adopting our approach, the judge, jury, or mediator can feel our sincerity.
Get a Free Consultation With an Indianapolis Car Accident Lawyer from Yosha Law
To get your free consultation with an Indianapolis car accident lawyer, reach out to us online or call 317-334-9200. We are available 24/7 to take your call, and we are ready to help you move forward after a wreck.