After An Indiana Car Accident, You Have The Right To Pursue Compensation For Your Injuries
An auto accident is one of the most frightening experiences that can occur in a person’s life, and the trauma often does not end with the accident itself. Many victims suffer serious injuries that permanently affect their quality of life. Fatal car accidents can destroy the lives of the deceased victim’s family and friends, both emotionally and financially.
Common Causes Of Car Crashes In Indiana
Unfortunately, it takes only a moment of inattention, distraction or poor judgment on the part of another driver to cause an injury that can change lives forever. In many cases, motor vehicle accidents (MVA) are the result of:
- Distracted drivers, including texting while driving
- Reckless driving
- Drunk driving
- Driving under the influence of drugs
- Failing to stop for a traffic signal or Stop sign.
- Following too closely
Among the most devastating, injuries caused by automobile accidents and truck crashes are traumatic brain and spinal cord injuries. These severe injuries can require millions of dollars in medical treatments over a lifetime. Too often, the tragic end to a car crash is the wrongful death of the accident victim.
If you or a loved one has been involved in an automobile accident caused by the negligence of another motorist, you have a right to injury compensation. At Doehrman Buba Ring, in Carmel, we stand up for victims and their families and hold accountable those whose negligent disregard for the safety of others has created pain and hardship.
Common Car Accident FAQs
When you’re struggling with recovery after a car accident, it’s natural to have questions. We handle these cases frequently and are happy to provide you with all the information you need to move forward. Below are answers to questions our clients ask most often:
Do You Really Need A Lawyer?
An attorney’s assistance can be crucial to obtaining maximum compensation for car and truck accident injuries. Insurance companies attempt to under-represent the value of car accident claims and offer smaller settlements than victims may deserve. Further, if the at-fault driver is underinsured or has no insurance, you could end up fighting against your own insurance company.
At our firm, our attorneys have the skill to protect your rights. We have recovered multiple million-dollar verdicts, settlements and awards for past clients of ours. We can evaluate your case and fight to obtain maximum compensation for your specific circumstance.
How Long Does A Car Accident Case Take To Settle?
The amount of time it takes to settle a car accident case is highly variable and can range from a few months to several years. Complex cases, particularly involving serious injuries, often take longer to resolve. Also, when the facts of the case, such as the cause of the accident or who is to blame, are disputed, it often takes longer to reach a resolution.
What Can I Be Compensated For After A Car Accident?
In a car accident case, the injured victim usually gets reimbursed for all medical costs related to the accident. They can also recover lost wages and reduced earning capacity due to the injury, and are entitled to additional compensation for their pain and suffering.
What Type Of Evidence Is Useful In A Car Accident Case?
Anything that documents what happened in the accident and the extent of the victim’s injuries should be preserved as evidence. This could include pictures of the road conditions and cars involved in the accident, information about witnesses at the scene and the police report, as well as all records of medical treatment and diagnosis.
What If The Other Driver’s Insurance Company Denied My Claim?
Insurance companies don’t want to pay out claims, so they will use any excuse to deny your claim if they can. If the other driver was at fault but their insurance company refuses to accept responsibility, it’s a good time to hire an attorney to go to bat for you.
How Much Time Do I Have To Pursue Compensation?
After an accident, car accident victims typically have two years to file a personal injury lawsuit. This time period known legally as the statute of limitation, begins to run from the day of the accident. There are exceptions to this rule. However, it is best to seek an attorney to consult with about your case as soon as practical. Evidence can be lost or become hard to gather with the passage of time.
If you were involved in an accident with a government entity (such as an accident with a city bus or an accident that occurred on government property), Indiana law requires that a proper notice be filed with the state agency or political subdivision responsible for the accident sometimes as early as six months after the injury occurs. Therefore, if your injury was caused by a governmental agency, it is important to consult with an attorney as soon as possible.
The statute of limitations for filing a wrongful death claim in Indiana is slightly different. Typically a wrongful death claim must be filed within two years of the deceased person’s death, which may have occurred after the date of the accident. However, again it is best to consult with an attorney well within this time limit so that the attorney can determine when a claim must be filed to avoid having the claim extinguished by a statute of limitations.
What If I was Partially At-Fault For My Car Accident?
In Indiana, car accident cases are decided based on what’s known as comparative fault. Under this system, fault is assigned to the plaintiff (the person bringing the case), the defendant(s) (the person(s) the plaintiff is bringing the case against) and, in certain cases, nonparties (a third party(s) potentially responsible but not a party to the lawsuit).
The jury in a car accident case in Indiana how to allocate 100% of fault amongst the plaintiff, defendant(s) and nonparty(s) For example, the jury may decide the plaintiff was 30% at fault and the defendant was 70% at fault. Or the jury may decide the plaintiff was 30% at fault, the defendant 50% at fault and a nonparty 20% at fault.
As long as the plaintiff’s share of the fault is 50% or below, the plaintiff can recover money for damages from the defendant’s insurance. But, if the jury finds the plaintiff 51% or more at fault, the plaintiff cannot recover any damages. (This is sometimes called the 51% rule.) The plaintiff recovers damages based on his or her percentage of the fault. So a plaintiff may be awarded $100,000 in damages, but if the plaintiff is 30% at fault, he or she will recover only $70,000.
Fault is determined based on all of the evidence that is presented in a case. Our attorneys at Doehrman Buba Ring will gather the evidence necessary to prove your claim in order to settle your case or obtain the best possible result at trial.
Contact Our Team To See What You Could Recover
If you or someone close to you has been injured in a car crash, it is in your best interest to understand your legal rights by scheduling a free case evaluation with one of our experienced lawyers. Our team can evaluate your case and help you determine the compensation your family will need.
Call our office in Carmel at 317-669-9445 for a free consultation.