Have You Been Injured in an Automobile Crash?
Every driver has an obligation to exercise reasonable care in the operation of their vehicle. If they do not exercise that care and a motor vehicle accident results because of their negligence, the injured party may be entitled to compensation.
If you have been injured or lost a loved one in an automobile collision caused by someone else’s negligence in Indiana, you may be able to file an insurance claim and/or a lawsuit seeking compensation for your losses. As a victim of a crash involving a car, truck, motorcycle, bicycle, or as a pedestrian you may be able to seek compensation under Indiana law for losses due to medical expenses, medical treatment, lost wages, permanent injuries, and loss of quality of life, among other things.
Each case is unique because each person is unique. It is important to speak to an experienced personal injury lawyer so that all of your questions can be answered and your options explained.
As an experienced personal injury attorney, I can help by evaluating your auto accident case, explaining your options, and how Indiana law applies in your case. Then you can decide what path you would like to take for your situation.
Common legal questions about automobile accidents in Indiana
How long do I have to make an injury claim after an automobile crash?
In Indiana, all legal claims have a statute of limitations. A statute of limitations is the time limit for filing a lawsuit for any particular claim. For claims of personal injury or property damage, the statute of limitations is two years from the date of the occurrence that caused the injury or property damage.
There are some exceptions to this rule, but the general rule is two years from the date of the occurrence. If someone was hurt in a car crash (a driver, passenger, motorcycle rider, bicyclist, or pedestrian) or if there was damage to the vehicle or other personal property the lawsuit must filed against any potential responsible party within two years of the date of the crash.
If you have been injured, give me a call so you can understand all of your options including the time limitations for filing claims in Indiana.
How is fault determined in an automobile crash?
Negligence is defined as being careless or failing to act as a reasonably prudent person would under the same or similar circumstances. In car crashes, the typical legal claim is that the driver who caused the crash was careless in their driving and their carelessness caused the crash and any resulting injuries or damages.
In car crashes where negligence is the claim, Indiana has a system called comparative fault that assesses the relative fault of any party involved in the crash. Comparative fault means the actions of all parties are “compared” or evaluated in order to determine which party has how much fault for a particular crash.
When a jury evaluates a car crash case, they are asked to determine how to assess fault to the parties. If any fault is assessed against the party bringing the claim, then the damages that party can recover will be reduced by the percentage of fault assessed to them. If that fault exceeds 50% of the total fault, then Indiana law says that person loses their claim or lawsuit.
There is no precise method of assigning or comparing fault. This is where an experienced personal injury attorney can provide guidance on how an insurance company, judge, or jury might view a particular situation
Seeking medical attention after an automobile accident.
After a motor vehicle crash, it is advisable to seek medical attention when appropriate. Be sure to follow up on any treatment recommended by your doctor.
Continue to follow any regiment suggested until your doctor indicates it is appropriate to discontinue.
In order to prove your injuries and damages, you need documentation. That might be medical records, photographs, notes, journals, etc. People close to you can also provide testimony about the extent of your injuries and damages.
If you have been involved in an automobile crash in Indiana, and have questions give me a call so we can discuss you and your case.