When you’re driving on the beautiful open roads of West Lafayette, Indiana, a car accident may be the last thing you expect. Nevertheless, a collision can occur suddenly and alter your life forever. A minor accident can still become a traumatic experience that deserves justice.
The emotional, financial, and physical toll a car accident can take may overwhelm you, and leave you wondering where you can turn for help. Insurance companies could be reluctant to quickly settle a personal injury claim, and could even deny your claim or lowball the settlement they offer you.
If you’ve experienced loss as a result of a car accident, you need to find support on the road to justice. A West Lafayette car accident lawyer can help you determine the strength of your case, and help you navigate through the legal process so that you can concentrate on your recovery.
- What you need to know about West Lafayette car accidents
- Why you need a car accident lawyer
- How Yosha Law can help
- Compensation in a West Lafayette car accident
- Indiana car accident laws you should know
- Contact Yosha Law
What you need to know about West Lafayette car accidents
In 2022, Indiana saw a surge in reported car accidents. Traffic fatalities increased by 18% from 2021, and severe accidents cost the state over $47 billion. 2023 continued this pattern, and numerous car accident claims were filed in Indiana.
The rising car accident statistics in Indiana prompted Governor Eric J. Holcomb to present the Indiana Highway Safety Plan (HSP) in early 2024. Residential streets and interstate highways such as U.S. 52 and U.S. 231 run through West Lafayette and bring heavy traffic, and both good and bad drivers, to our roads.
Unfortunately, we don’t have control over the conditions of the road, or the vehicles that share the road with us. Inclement weather and careless drivers can cause car accidents that leave us with property damage and personal injuries.
Why you need a car accident lawyer
In West Lafayette, you can begin the car accident claims process (and even file a personal injury lawsuit) without a lawyer. However, it may prove tough to receive the compensation you deserve sans knowledge of the car accident settlement legal process.
It’s important to remember that insurance companies have a fleet of lawyers on retainer with a sole focus on denying or low-balling the settlement they offer you. A West Lafayette car accident lawyer can negotiate with huge insurance corporations and help you receive a just settlement.
A lawyer can take care of your time-sensitive legal paperwork, explain each step of your case, and represent you in court if a settlement cannot be reached.
How Yosha Law can help
In West Lafayette and all of Indiana, Yosha Law stands ready to help clients get the justice they deserve. Our car accident lawyers understand how vital it is that you recoup the losses you’ve incurred — even those which cannot be measured. We can fight for you and meet the specific needs of your case.
If you choose to retain our team, our car accident lawyers can do the following:
- Determine the damages you should seek:
We’ll sit with you and discern which compensatory damages you should seek in your claim. We can help determine and calculate the amount of your damages based on the evidence in your personal injury case in West Lafayette.
- Explore the merits of your case:
We’ll truthfully let you know the strength of your car accident case, and your best steps to take moving forward.
- File legal paperwork:
Time-sensitive legal documents account for much of a case, and will need to be filed with the courts to allow your case to move forward. We’ll handle this paperwork so you can focus on your recovery process.
- Gather evidence:
All evidence from the scene of your accident, including debris, police reports, photos, and videos will need to be gathered to prove liability and bolster your case.
We’ll also collect documentation of the bills you’ve incurred, including all of the medical bills you’ve incurred as a result of your car accident, proof of lost wages, and repair bills.
- Interview eyewitnesses:
We’ll interview eyewitnesses to your car accident, along with anyone who can testify firsthand to the impact the pain and suffering you’ve experienced has had on your daily life. This may include sworn statements from your co-workers, doctors, and loved ones.
- Obtain testimony from forensic experts:
Our car accident lawyers may also call on forensic experts like car accident reconstructionists and medical professionals to provide insight into the cause of your collision and the injuries you’ve sustained.
- Represent you in legal meetings and negotiations:
You won’t have to worry about fending for yourself in negotiations with insurance representatives or opposing counsel. Yosha Law will represent you in any negotiations or settlement meetings and stand up for your best interests.
- Fight for you in court:
95% of personal injury lawsuits are settled before they’re presented in court. However, if we fail to reach a settlement agreement with the defendants in your car accident case, we’ll passionately seek justice on your behalf and fight for you in court.
Compensation in a West Lafayette car accident
Although we can’t guarantee a specific outcome in your car accident case, we’ll ensure that we’ve gathered evidence to back up every aspect of your claim. Any compensation you’re awarded will be broken down into categories known as damages.
What are damages?
Damages are legal categories that allow coverage of the immeasurable and measurable losses you’ve suffered. Different types of damages fall under three main categories: economic (or general), non-economic (or special), and punitive.
Examples of economic damages
After a car accident in West Lafayette, you may find yourself with significant and sudden bills. The costs you’ve incurred that have a set monetary value fall under economic damages. Common examples of economic damages include:
- Lost wages:
If you’ve missed out on work time, bonuses, promotions, or tips due to your accident, these losses are considered economic damages.
- Medical expenses:
Any doctor’s appointments, emergency room visits, hospital stays, prescriptions, rehabilitation services, surgeries, treatments may be claimed as economic damages.
- Repair costs:
If your vehicle was damaged or totaled as a result of your accident, repair and replacement costs can be claimed under economic damages.
- Transportation costs:
Rental cars, rideshare services, or required public transportation as a result of your car accident can be claimed as economic damages.
- Funeral expenses:
Sometimes, car accidents in West Lafayette may result in the unthinkable — the loss of a family member. Although compensation cannot bring back your loved one, your accident claim may allow you to recoup funeral expenses.
Examples of non-economic damages
Non-economic damages cover the immeasurable losses you’ve experienced as a result of your car accident. In other words, non-economic damages account for the losses that may not have a set monetary value, but nevertheless, deserve compensation.
Common examples of non-economic damages include:
- Emotional distress:
Diagnosed anxiety, depression, insomnia, and post traumatic stress disorder (PTSD) and other types of emotional trauma may be considered non-economic damages.
- Loss of quality of life:
If you’re no longer able to enjoy the activities you participated in before your car accident, and your quality of life has drastically decreased, you might be owed compensation.
- Pain and suffering:
Pain and suffering encompasses your emotional and physical injuries, and can be claimed under non-economic damages. Long-term or life-altering personal injury may be considered pain and suffering.
- Wrongful death:
If you’ve lost a loved one as a result of your car accident, you might claim wrongful death compensation under noneconomic damages.
Punitive damages in Indiana
Although punitive damages are rarely sought in personal injury claims, a judge or jury may hand them down to a defendant who has exhibited gross negligence. For example, if your car accident was the result of a speeding driver who was also intoxicated, a judge may decide to add punitive damages to your compensatory award.
In Indiana, 25% of a punitive damages award goes to the plaintiff, and the remaining 75% is allocated to the Indiana Violent Crimes Victim Compensation Fund.
Indiana car accident laws you should know
After you’ve been in a car accident in West Lafayette, it’s important that you’re aware of the laws that may impact your personal injury case moving forward. Your car accident lawyer will also explain these laws to you, but prior knowledge can help you to make an informed choice about how to proceed.
Statute of limitations
A statute of limitations protects both you and the named parties in your personal injury case. The statute ensures that you have enough time to determine whether you want to file a claim, and allows defendants protection against old, frivolous claims.
In Indiana, state code § 34-11-2-4 mandates that you file your claim within two years of the date of your accident. Exceptions can be made for a claimant who was mentally incapacitated or under the age of 18 at the time of their accident. Nevertheless, if you allow this timeframe to expire without filing your claim, you may no longer have legal recourse.
Comparative fault
Comparative fault (or comparative negligence) laws may also impact the outcome of your claim. If you are determined to hold fault in your accident that equals 50% or greater, you may no longer have a valid claim to compensation. If your fault falls between 0% and 50%, the amount of your compensation may be reduced accordingly.
Damages cap
Indiana state code IC 34-13-3-4 puts a cap on the amount of economic and non-economic damages you may receive. These caps mandate that compensation from an insurer cannot exceed $1.25 million. Personal injury cases filed against the Indiana state government set the cap at $700,000. However, additional punitive damages may increase the amount of the damages you receive.
Contact Yosha Law
When you take your case to Yosha Law, you become an extended part of our family. We care about your individual needs and want you to be able to focus on your healing. We’re passionate about finding justice for each of our clients, and have helped countless people seek the compensation they deserve.
We understand the trauma a car accident can cause you. In the aftermath of your accident, you may feel overwhelmed by your injuries and sudden financial expenses. Our West Lafayette car accident lawyers can help you fight for the compensation you’re owed.
Connect with us so that you can focus on your recovery and get your life back on track.
