If you were recently injured in a car crash, you might be facing the high costs of medical care and vehicle repairs, among other expenses. You might also be contending with emotional or psychological injuries if the accident was traumatic. While car crashes are common, they should not be dismissed, and an attorney can work to get you fair compensation.
You might need some time to recover and plan your next steps after a bad accident, but remember that time is of the essence. Many car accident victims have only two years to begin a case, barring certain conditions. You should speak to an experienced attorney about your accident so they can help you assess damages, develop legal strategies, and communicate with the other driver, insurance companies, and more. Damages in accident cases can be significant. Even seemingly minor accidents might have high costs that warrant substantial compensation.
For a free review of your case to begin, call our car accident attorneys at Wruck Paupore at (219) 322-1166.
The time right after a bad accident can feel very chaotic. You might have serious injuries, no vehicle, and mounting expenses that you are unprepared to deal with. While it is perfectly reasonable to take some time to rest and recover from your injuries, it is best to meet with a lawyer and discuss your legal options sooner rather than later.
The statute of limitations under I.C. § 34-11-2-4(a)(1) gives car accident victims a mere two years to file a case. One might think this is more than enough time, but two years will come and go faster than you realize. On top of that, it can take months or more to prepare a case fully, and speaking to our car accident lawyers as soon as possible may help you maximize your time.
Under specific conditions, injured accident victims may pause the clock on their case, effectively giving themselves more time to prepare. Under § 34-11-6-1, tolling may be available for people with legal disabilities. A legal disability is a condition that prevents someone from taking action on their own or understanding their legal rights. A common example is being a minor. Since young drivers under 18 typically cannot initiate legal action on their own, the statute of limitations may be tolled until they are 18, meaning they have until age 20 to file a case.
After your accident, you should speak to an attorney about your case as soon as you can. It might be tempting to handle your case independently, but this might not be the best idea. Many accidents are far more complex than people realize, and an attorney can help you navigate the legal process while protecting your rights and legal interests.
First, an attorney can assess your damages. Many car accident survivors tend to be aware of their major damages, like medical bills and vehicle repair costs. However, various smaller damages might go unnoticed. For example, people often forget to include the costs of traveling for medical care, replacing various personal items lost in the crash, and the income they lose from taking time off work to recover. Your attorney can help you maximize your compensation by ensuring all damages are accounted for.
No two cases are alike, and you must have a lawyer develop the most effective legal strategies for your specific set of circumstances. Arguments that work for one case might be inapplicable in another, and your lawyer can help you make sure that your legal arguments and claims are strong, thoughtful, and effective. A good legal strategy can make for a strong case even when evidence is scant.
Another important service provided by lawyers is communication with opposing parties. With a lawyer, you never have to speak directly to the other driver or their legal counsel after an accident. Similarly, any communication with insurance companies should go through your lawyer. This can be a major relief to those intimidated by the prospect of legal confrontation.
One of the biggest factors in someone’s economic damages is medical expenses. Accident victims in need of extensive care (e.g., surgery, physical therapy, numerous hospital visits) often rack up enormous hospital bills. Even if you only had to go to the hospital once, the bill might be more than you can afford. Other economic damages include the cost of property damage, including your vehicle and various items you had inside the vehicle at the time of the crash. If you cannot return to work for a while, you should speak to your attorney about claiming lost income or wages.
Non-economic damages are more subjective and can vary greatly from case to case. These damages are personal to each accident victim and often unrelated to money, making their value subjective and open to interpretation. Physical pain, mental distress, emotional suffering, humiliation, the loss of enjoyment of your life, and other terrible experiences may be accounted for and compensated.
Much evidence may come from the accident scene, including photos, videos, and physical evidence. Testimony from you and witnesses may help us paint a clearer and more accurate picture of the accident, and having multiple witnesses with strong memories of the crash can be extremely helpful.
Proving fault is rarely simple. In many cases, the other driver tries to deflect responsibility by arguing that the victim somehow caused or contributed to the crash. Even if it is determined that you are not fully responsible for the crash, your damages might be reduced if you are found partially responsible.
According to I.C. § 34-51-2-5, Indiana’s contributory fault rule, your damages may be reduced in proportion to your share of the blame for the crash. If you are deemed 25% responsible, your total damages may be reduced by 25%. Under I.C. § 34-51-2-6(a), recovery is barred under the contributory fault rule if your fault exceeds that of the other driver.
It is worth noting that your seatbelt should not be factored into a determination of contributory negligence. Under I.C. § 9-19-10-7(a), the lack of a seat belt may not be used to establish contributory fault. However, it may be brought up in product liability cases where injured victims take action against vehicle manufacturers.
For a free review of your case to begin, call our car accident attorneys at Wruck Paupore at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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