With so many people traveling South Bend’s roads for work, school, or recreation, it is not surprising that car accidents often occur. Unfortunately, vehicle collisions can cause serious, life-altering injuries.
Under current laws, an injured person may be entitled to financial compensation for medical bills and other losses related to the accident. An experienced South Bend car accident attorney could help recover maximum damages, allowing you to focus on healing and moving forward with your life. Do not hesitate to seek reliable representation from an accomplished law firm.
Let Our Car Accident Lawyer in South Bend, IN Fight for You: Schedule Your Free Case Evaluation
If you’ve been hurt in a car accident, an attorney from our firm could help you deal with the legal issues that will undoubtedly arise. Yosha Cook & Tisch – Personal Injury Attorney Based in South Bend, IN, is a personal injury law firm that only represents victims of negligence.
We’ve seen first-hand the devastating effects of a vehicular crash and the trauma it can bring to the injured person’s family. If you or a loved one has been through such an ordeal, don’t hesitate to contact us for a free case evaluation.
Your South Bend Car Accident Attorney Will Help You Receive the Compensation You Deserve
While every vehicle wreck claim is different, there are certain damages a judge or jury can award in most cases. For example, an injured party may be entitled to reimbursement for medical expenses, lost wages, and compensation for pain and suffering.
Because the extent of the damage might not be apparent at first, from internal bleeding to potential chronic pain resulting from a persistent injury that may require follow-up tests, visits, and medications, it’s critical to visit a physician right after the collision.
Following an automobile accident, your health is the first thing on your mind. However, while you concentrate on recovering, your expenses may begin to mount—including ambulance transportation, emergency department visits, individual doctor bills, and more. Our car accident attorneys in South Bend, IN, can help you recover present and future medical expenses from the at-fault party.
Repairs for the Car
Your automobile was most likely destroyed if you were in a vehicle accident strong enough to cause bodily harm. When you can drive again, you’ll want someone to repair it, so it is safe and functional. Therefore, material damages can be a significant part of your car accident compensation claim.
Suppose the extent of your injuries is dire enough. In that case, you may not return to work immediately or return to your full workload. In some cases, a permanent disability may prevent you from working in any profession. You may be entitled to compensation for some portion of that lost revenue, but a layperson may find the laws surrounding disability and insurance difficult to navigate. Your South Bend car accident lawyer can fight for your right to recover current and future loss of earnings and work.
A car accident victim’s damages and losses don’t end here. With the help of our law firm, you could receive compensation for the following:
- Physical rehabilitation and therapy
- Emergency services
- Pain and suffering
- Loss of enjoyment of daily activities, and more.
If an accident causes someone’s death, the family may submit a claim for funeral expenses and the loss of the loved one’s care and companionship. In some cases, a bereaved family member may also request payment for grief counseling. With the help of a trusted car accident attorney, the decedent’s family members could file a wrongful death lawsuit in South Bend civil court. Our lawyers could also get you compensation for the following:
- Medical expenses incurred before the loved one’s death
- Mental anguish
- Lost retirement
- Lost insurance benefits
- Loss of emotional support, and more.
What Should You Do After a Car Accident in South Bend?
The aftermath of a car accident is certainly confusing. First, you should ensure that you receive proper medical care, even if your injuries seem minor. The medical and police reports are the building blocks of your compensation claim or lawsuit. After leaving the hospital, it is also crucial that you follow the doctors’ instructions and treatments to a tee and keep detailed documentation regarding follow-up medical visits, medication, rehabilitation sessions, other doctor appointments, etc.
At the scene, if it’s possible, start collecting evidence. Take photos and collect witnesses’ contact information. Our South Bend car accident attorneys recommend you do not talk to the other driver(s) involved in the crash, as everything you say could be used as an admission of fault later in the settlement negotiation process.
One thing to know is that you should have an attorney present at the scene, if possible. If not, contact one after you receive medical care. Your lawyer will obtain a copy of the police report, analyze your medical records, talk to witnesses, work with accident reconstruction specialists if necessary, initiate the discovery process, and fight for your rights to a fair settlement.
Your South Bend car crash attorney will also advise you about filing an Operator’s Proof of Insurance Crash Report Form with the Indiana Bureau of Motor Vehicles in due time. Hence, you avoid losing your license or car registration.
Suppose your case is complex, and the defendant’s insurance company or attorneys deny your fair settlement or push you into accepting a lowball offer. In that case, our law firm can take your case to court and obtain a verdict.
Understand Fault and Compensation in South Bend Car Accidents
After a car crash in Indiana, a few issues arise that you should handle with the help of your car accident attorneys in South Bend.
The Modified Comparative Negligence Doctrine
Indiana’s comparative fault statute is especially important in vehicular accidents considering the state’s modified comparative negligence rule. Under Indiana Code § 34-51-2-6, a court will reduce compensation for an accident if an injured person shares blame for the event. If this blame rises to more than 50 percent, the court cannot award any compensation to the injured party.
Our South Bend car crash attorneys have significant experience handling automobile accident and medical injury claims and recovering compensation for South Bend’s injury victims.
Determining Fault in a Car Accident
To ensure you obtain the economic and non-economic damages you deserve in compliance with Indiana’s fault statute, your South Bend car accident lawyer must determine that the other party was at fault for the crash. While rear-end and left-turn accidents are almost always the other driver’s fault, other crashes may not be as clear-cut.
Your attorneys will investigate the accident, work with reconstruction experts, interview witnesses, check the police report, and corroborate the information with Indiana’s traffic laws and legal precedents if need be. In establishing the percentage of fault in a car collision, your attorneys will leave no stone unturned.
Seeking Compensation from an Underinsured Driver
In Indiana, a driver must carry insurance of at least $25,000 for bodily injury or the death of one person, $50,000 for bodily injury or the death of two or more individuals, and $10,00 for property damage caused by an accident. Unfortunately, these limits are insufficient to compensate someone for their losses in many cases fully.
To gain additional compensation against an underinsured driver, the injured party can file a lawsuit directly against them. However, the injured party’s recovery may be limited if they do not have substantial personal assets.
A plaintiff also has the option to request compensation from their own automobile insurance carrier. If they purchased “collision” or “comprehensive” coverage, their insurance company might pay for a portion of their damages. Because recovering compensation from an uninsured or underinsured motorist can be challenging, an injured plaintiff is well-advised to work with a trusted car crash lawyer in South Bend.
Types of South Bend Vehicle Accidents for Which You Could File a Claim
Auto accidents occur for many reasons, including distracted driving, poor road conditions, and excessive speed. Some of the more common collisions on the state’s roads and highways include:
- Drunk driving
- Texting while operating a motor vehicle
- Collisions with motorcycles
- Drunk or impaired driving
- Accidents involving speeding emergency vehicles
- Defective vehicles
- Faulty car repairs
Depending on the vehicles involved and the mechanism of injury, an injured plaintiff may have a claim for damages against the driver, vehicle owner, a government entity, or a car manufacturer.
Regardless of how or why the crash occurred, Indiana Code §34-11-2-4 requires parties to file a personal injury claim for damages within two years from the accident date. This timeframe may be shortened if the responsible party is a government agency or extended if the injured party is under 18.
An attorney skilled in car accident claims in South Bend could identify the liable parties and timely file a claim.
Why Should You Work with Our Car Accident Lawyers in South Bend?
Before hiring a car accident attorney to manage your case, you should consider some things.
Does the car accident attorney or injury law firm have a reputation for taking cases to trial when necessary?
A dog that barks a lot but never bites is similar to an auto accident attorney or firm failing to take their clients’ cases to trial regularly. The insurance companies maintain records of all the law firms they’ve previously dealt with. Settlement offers are made after carefully considering the plaintiff’s lawyer’s track record — specifically, the lawyers’ track record of obtaining excess jury verdicts. An excess verdict means an amount above the at-fault driver’s policy limits.
Other car accident attorneys frequently call upon Yosha Cook & Tisch in South Bend to assist them on the toughest cases with the highest potential for a large verdict.
We have handled numerous catastrophic injury claims and lawsuits in Indiana over the past 60 years. Our law firm has the financial resources to take on the biggest corporations. We have litigated lawsuits against National Car Rental, Avis, AES, State Farm, Allstate, Geico, Farmers, Founders, Travelers, and practically every other car insurance carrier. Our firm has the financial resources to handle any case you throw our way against the largest corporate giants or insurance juggernauts.
Does your attorney have jury trial experience if it comes to that? Can you rely on their reputation and expertise?
Do NOT select your auto accident lawyer based solely on a television ad, radio spot, or billboard. While these ads may be alluring, the insurance industry will not be impressed by these marketing messages.
The insurance companies’ decision-makers, calculating the worth of your case, would rather deal with a plaintiff’s lawyer who appears on dozens of highway billboards rather than a lawyer with a track record of success obtaining jury verdicts — not cheap and quick settlements.
Be wary of the lawyer you see on television every hour of the day or the lawyer who appears on dozens of highway billboards — these lawyers likely haven’t been in a courtroom since the day they were sworn in to practice law. They haven’t obtained a jury verdict that exceeded the insurance companies’ pre-trial offer.
The insurance industry knows exactly who these firms are, and their client’s compensation reflects this reality. With our trial experience and outstanding reputation, we can fight for your rights inside and outside the courtroom, giving you the best chance at a full recovery.
Talk to a Qualified Car Accident Attorney in South Bend Today
A car accident can happen when you least expect it, and the impact on your physical and emotional health can be severe. After the collision, you may be left worrying about how to pay medical bills, repair your vehicle, and continue working as your recover.
If the collision was the fault of another driver, a dedicated South Bend car accident lawyer could help hold the responsible party accountable. Our firm’s seasoned attorneys are well-versed in the state’s personal injury laws and could file a lawsuit seeking maximum compensation on your behalf. Call today.