Dealing with an injury is a life-altering experience. You may be coping with pain, physical therapy, and grief. When you have so much on your shoulders, the last thing you should have to worry about is bills from an accident you didn’t even cause. That’s where we come in.
The Westfield personal injury attorneys at Yosha Law Firm will advocate for every penny you and your family are entitled to. We are tireless advocates who will fight for your rights until justice is served.
Let us be the shoulder you lean on during this difficult time. Reach out to us to learn more about your rights in Indiana. We are happy to answer your questions, and we will make sure your voice is heard.
Getting Compensation for a Personal Injury in Westfield
Personal injury lawsuits are meant to make sure the innocent victims of accidents that were caused by negligence will not be stuck with the bills. Insurance companies, however, aren’t as concerned with the rights of victims. Their main goal is to give away as little of their money as possible by lowering your compensation – or denying your right to compensation entirely.
A Westfield personal injury attorney will calculate your damages to make sure you are covered both now and in the future. We won’t let the insurance companies hold onto what is rightfully yours under Indiana law. We’ll fight to get you the full and fair compensation you deserve.
Some of the damages you can be compensated for in Indiana include:
- Pain and suffering
- Medical bills
- Lost income
- The cost of therapy
- Loss of future income
- Funeral and burial expenses
Pain and suffering is considered to be an intangible loss, along with other accident-related expenses that don’t have an exact dollar amount attached to them. For example, loss of consortium or emotional trauma. It’s important to have a lawyer review your damages to make sure these are included and calculated correctly.
Who May Be Liable for Damages After a Personal Injury
The circumstances of your personal injury accident and the evidence will determine how many at-fault parties there are who may be responsible for compensating you for your losses. The more complex the case, the more potentially liable parties may be involved.
One example of a personal injury claim with more than one liable party would be a defective product injury case in which a manufacturer created a defective product, and then a distributor sold it despite knowing the risks and not informing buyers. In this case, both the manufacturer and distributor may be responsible for your damages.
Your Indiana personal injury lawyer will identify all potentially liable parties and get to work collecting evidence to build a strong case against each one.
Cases Our Personal Injury Lawyers in Westfield Handle
If you or a loved one was injured due to another party’s negligence, we are here for you. These are some of the most common types of personal injury claims we represent in Westfield, IN:
- Car accidents
- Motorcycle accidents
- Truck accidents
- Traumatic brain injuries
- Slip and falls
- Pedestrian accidents
- Catastrophic injuries
- Wrongful death
If you don’t see your specific type of accident or injury on the list, we can still help. Reach out to us to learn more about your legal options in Indiana.
Evidence Your Lawyer May Use in Your Westfield Personal Injury Claim
In order to get a settlement or court award, your Westfield personal injury attorneys must prove that each defendant owed you a duty of care, failed to uphold that duty, and as a result, you were injured and now have injury-related losses.
To prove a personal injury case, your lawyer will need to present evidence that proves that the at-fault party or parties behaved in a negligent manner. This could mean they acted recklessly, they acted without care for others, or they failed to act when they should have.
To support your case, your attorney may use the following types of evidence:
- Photos and videos
- The police accident report
- Your medical records
- Your accident-related bills
- Eyewitness testimony
- Expert testimony
When your lawyer consults with expert witnesses, you won’t have to worry about paying for their fee up front. Expert testimony is a part of a contingency plan, which means these are expenses that will be covered only after your case has successfully concluded. If you don’t get a settlement or court award, you will not have to pay for expert witnesses out of your own pocket.
Westfield Personal Injury Claim FAQs
Do you really need a personal injury attorney?
Legally, you are not required to retain a personal injury lawyer. Does that mean it is a good idea to represent yourself? Definitely not. In fact, if you don’t have a lawyer standing by your side, the insurance companies will know you are vulnerable and may take advantage of you.
Insurance agents are betting on the fact that you won’t understand the true value of your claim, you won’t have the skills to negotiate with them, and you won’t fully understand your rights under the law. This is a strong bet for them to make, since time and again it has paid off.
Hiring a lawyer shows the insurance companies that you are serious, and it also makes financial sense. Studies have shown that with a lawyer you are more likely to end up with a favorable settlement – one that is larger than you would have otherwise been granted, even after you deduct for your attorney’s fees.
What percentage do most personal injury lawyers take?
Most personal injury lawyers work on a contingent fee basis, meaning we take a percentage of any settlement or court award our client receives. The specific contingent fee percentage can vary, but typically falls within these guidelines:
- 33% to 40% is common – This percentage range covers many standard personal injury cases like car accidents or slip and falls. A 1/3 contingency is very common.
- 40% to 50% for complex cases – Higher-end contingency for serious medical malpractice, wrongful deat,h or product liability cases requiring extensive litigation.
- Plus expenses – Legal costs like court filing fees, witness fees, and records requests get reimbursed from the client’s portion of recovery.
Contingent fees reward lawyers only if they obtain compensation for their clients. This gives us incentive to maximize damages and provides you with affordable access to representation. We will make sure you understand the details of your payment agreement before you sign it.
How long do you have to file a personal injury claim in Indiana?
According to IC § 34-11-2-4, in Indiana, the statute of limitations to file a personal injury lawsuit is generally two (2) years from the date of the accident or injury.
Some key details on Indiana’s time limit for personal injury claims:
- The two year deadline applies to both injury and property damage in civil cases.
- The two years is counted from the date the injury occurred, not when it was discovered.
- Different limits apply for injuries to minors (age 18 or under).
- Failing to file before the 2 year statute of limitations expires will completely bar any civil lawsuit.
It is critical injury victims in Indiana promptly explore your legal options and file claims well ahead of two years to preserve the right to pursue compensation. Your personal injury lawyers in Westfield can provide specific guidance on the timeline for a particular personal injury case.
Your Free Case Review in Westerfield: What to Expect
During your initial consultation, a member of our team will meet with you to discuss your accident, your injuries, the impact it’s had on your life, and your potential claim. Here’s what you should expect during a free consultation with one of our personal injury lawyers in Westfield, IN:
- Case review – Our team of legal experts will ask questions about what happened and review any evidence to assess potential negligence and liability.
- Candid feedback – We will provide candid feedback on the strength of your case, viability of legal claims, and likelihood of obtaining compensation.
- Process explanation – We will explain the litigation process, key steps involved, estimated timeframes, and what to expect.
- Fee discussion – We will discuss what our contingent fees would be if hired.
- Client expectations – We will explain what we would need and expect from you as the client if you decide to retain us.
- Attorney background – We will provide details on their specific experience with your type of case and track record of results.
- Case strategy – We will offer a preliminary strategy for how we would approach proving your case and establishing damages.
- Next steps – We will explain what the next actions would be if you decide to hire us and answer any remaining questions you may have.
The consultation provides an opportunity to get knowledgeable feedback on your potential case, learn what legal representation with Yosha Law would entail, and make an informed decision on what your next steps should be.
Resources for Personal Injury Accident Victims in Westfield, IN
- After an accident that involves injuries, you should always call 911.
- To get checked out after an accident, you can visit the emergency room at the Riverview Health Westfield Hospital.
- You can file an accident report for hit-and-run accidents and non-injury traffic accidents online through the Westfield Police Department Citizens Online Police Reporting System.
- You can order a copy of an accident report in Westfield through the City of Westfield’s Document Center.
- To file a claim after an accident in Westfield, you can visit the Hamilton County Courts.
Talk to a Personal Injury Lawyer in Westerfield for Free
Don’t let the insurance company use your financial situation to pressure you into a quick payoff. You need a Westfield personal injury attorney in your corner looking out for your rights. If you’ve been injured and you aren’t sure where to turn, the team at Yosha Law Firm is here and ready to answer your questions.
Reach out to us today for your no-obligation consultation. We will review your case and tell you more about your legal options in Indiana.
