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Car Accident Compensation in Indianapolis
The aftermath of a car accident can be confusing and stressful. Moreover, your actions after the collision and in the following days can affect your chances of recovering adequate car accident compensation. Therefore, what you do or fail to do could influence your life for years to come. Contacting a car accident attorney as soon as possible after a car crash in Indianapolis can help to relieve the stress.
After an accident, you could be entitled to compensation for pain and anguish, medical costs, loss of wages, and other damages. An experienced attorney can protect your legal rights, clarify your options for recovering damages, and move forward with a legal claim on your behalf. Going it alone could hamper your chances of receiving what you deserve.
Morgan & Morgan wants you to have the best shot at getting adequately compensated by the responsible party. Contact us now for free legal advice.
Compensation Car Accident Victims Could Receive
Every car accident is unique, and compensation can vary. However, the more severe your accident injuries, the higher the amount of settlement you could receive. If someone else caused your accident in Indianapolis, you could be entitled to the following damages:
Accident injuries often require ongoing treatments and rehabilitation therapies. A permanent impairment may require around-the-clock care and other costly medical needs. Victims could receive reimbursement for all their medical costs, such as hospital stays, surgeries, medications, and others. You could also qualify for an amount covering your future medical expenses and care needs.
Car and Property Damage
If your car and other possessions were damaged or destroyed in your collision, you could be entitled to repair or replacement.
Loss of Wages and Future Income
Even a minor injury such as whiplash can cause considerable financial chaos if it prevents you from working. However, a significant or permanent injury may result in giving up work altogether.
You could be entitled to any income losses from your car crash injury, including future expected income. The amount awarded to you could also include allowances for benefits, pension contributions, and other losses.
If you were significantly or permanently injured in a crash, you could qualify for a range of so-called “non-economic damages,” including:
- Physical pain
- Mental suffering
- Loss of a limb or limbs
- Reduced life quality
How You Could Maximize Your Settlement
Having a seasoned car accident lawyer by your side is generally the best way to ensure that you are not leaving money on the table. However, you can take steps to maximize car accident compensation for injuries and monetary losses after a crash, such as:
Remaining at the Crash Scene
Staying at the accident scene until law enforcement arrives is crucial, not least because driving away could count as a “hit and run” and carry a criminal charge. Call 911 as soon as possible to alert the police. Make sure to ask for medical help if there are any injuries.
Seeing a Doctor as Soon as Possible
Seeking prompt medical care after a crash is probably the most vital action you can take to protect your rights. Even if you feel fine immediately after the accident, you should get a check-up soon afterward to ensure you are not suffering from any delayed injuries such as a concussion or whiplash. Seeking medical advice will safeguard your health and provide you with a crucial medical report, which will be essential for pursuing damages from the responsible party.
Following Your Medical Treatment Plan
If you suffered injuries in a car accident, you should fully cooperate with your doctor and follow your treatment plan diligently. Refusing to follow your treatment plan or skipping medical appointments could result in reduced compensation. The other side could argue that your injuries are not as severe as you claim.
Hiring an Experienced Lawyer
If you or a loved one got hurt in a car crash, one of the most important decisions you can make is to hire an experienced lawyer to represent you and help you recover compensation. Many car accident injuries are permanent and could be with you for the rest of your life.
Unfortunately, insurance companies often care more about their profits than how victims can get back on their feet physically and financially. This is why you need to hire an accident attorney if you suffer significant injuries. An experienced attorney knows the tricks insurance companies play to avoid paying the full value of your damages. A skilled attorney can level the playing field.
Gathering Vital Evidence to Prove Your Claim
When someone else caused your accident, relevant evidence will be critical for proving your claim, including:
- Photographs of the vehicles and accident scene
- Contact details of eyewitnesses
- Medical reports detailing your injuries
- Medical bills and other receipts of your expenses
- Bank statements and pay stubs proving lost income
- Receipts for car damage repair or purchase of a replacement vehicle
Handling the At-Fault Party’s Insurance Company
Indiana is an at-fault state, which means that the party responsible for an accident has to pay the injured party’s damages. In most cases, the insurance company would pay out a settlement to the claimant. However, handling a claim with the other party’s insurance company can be a minefield. The insurer may try to trip you up to minimize or avoid paying your claim. Therefore, refrain from signing settlement agreements or giving recorded statements until you have consulted an experienced car accident attorney in Indianapolis.
Refraining From Talking About the Accident
Talking about the details of your car accident compensation claim with anyone other than your attorney could hurt your case. Consider refraining from using social media to post about your accident, injuries, or recovery. The other side and their attorneys will be looking for any information they can use to reduce the value of your claim.
For example, if you are on vacation or playing sports and someone tags you in a picture, the information could get into the wrong hands and severely hurt your chances of recovering an adequate payout. Many claimants do not know that even private social media accounts are admissible evidence in court.
How a Car Accident Lawyer Can Help You Recover Compensation
A lawyer can advise you on your legal rights and options for recovering what you deserve after getting injured in a crash. Working with a qualified car accident lawyer from Morgan & Morgan can prevent an insurance or at-fault party from taking advantage of you. Our Indianapolis car accident lawyers can help with:
Calculating Your Damages Accurately
Knowing what your case is worth will be essential for determining whether a settlement offer from the insurance company is fair or too low. Economic damages, such as car damage, medical bills, and out-of-pocket expenses, can be calculated with bills and receipts. However, determining your non-economic damages is generally more challenging. An experienced attorney knows what your case is worth and can leave no stone unturned in fighting for an adequate settlement covering all your losses.
Determining Liability for Your Crash
According to the National Highway Safety Administration (NHTSA), most accidents are caused by driver error or negligence. If another driver was speeding, drunk, or broke the law while causing your crash, liability may be easily determined. However, not all car accident claims are clear-cut. Other defendants in your case could include:
- A government agency
- An employer
- A restaurant or bar that was serving a drunk driver
- A car manufacturer
Car accident attorneys have the skills and resources to analyze your accident comprehensively and determine who is responsible. In complex cases, lawyers will use accident investigators and reconstruction professionals to determine the cause of your crash.
Proving Fault in Your Accident
You might know that the other driver is responsible for causing your crash. However, you will have to prove their negligence or recklessness with evidence. An attorney can gather and organize the evidence needed to prove fault in your accident.
Negotiating With the Insurance Company
Handling an insurance claim on your own can be an uphill struggle and may lead to recovering only a fraction of what you deserve. An attorney knows how to present your damages and losses and negotiate effectively with an insurer to obtain a full and fair settlement.
Fighting for What You Deserve at Trial
If an insurance company refuses to compensate you adequately or denies your claim, your attorney can take action. They can file a lawsuit and fight for maximum recovery in court.
Morgan & Morgan Is Different From Other Law Firms
Some attorneys settle car accident cases for less than the claim’s real value to achieve a quick settlement and receive their fee. Not Morgan & Morgan. We take our time to assess your claim and look at your injuries, level of pain, and other issues you may be dealing with for the rest of your life. We then negotiate with insurers for fair compensation for your injuries. The insurance companies know that we will see them in court if they refuse to settle.
Unlike many other law firms who take the last best offer to avoid trial, Morgan & Morgan never shies away from fighting for the full value of what you deserve. We understand that you need fair compensation to rebuild your life after suffering an injury, and can fight tirelessly for the best possible outcome of your case. Our results speak for themselves. Morgan & Morgan’s determined attorneys have recovered more than $20 billion in damages for clients.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
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Do I Have to File a Lawsuit to Receive Compensation?
You do not necessarily have to sue to receive a fair settlement. However, if an insurance company is dragging its heels and denying or minimizing a claim, your only option for getting the compensation you truly deserve may be to file a lawsuit. It is important to note that filing a lawsuit does not necessarily mean that there will be a trial. Most personal injury claims are settled out of court even after the plaintiff (the person bringing the lawsuit) filed suit.
However, if you cannot agree to a settlement with the insurance company, consider speaking to a lawyer who can walk you through your legal options and help you file a lawsuit.
Are Non-Economic Damages Capped in Indiana?
Some states cap awards for non-economic damages, such as pain and suffering. However, there is no cap on non-economic damages car accident victims can receive in Indiana, with one exception. If you have a claim against the government, non-economic damages are generally limited to $700,000, according to Indiana Code section 34-13-3-4(1)(C).
Can I Receive Car Accident Compensation if I Was Partially At-Fault?
Even if you are partially responsible for the crash, you could receive a settlement. However, according to Indiana’s Comparative Fault Act, you are barred from pursuing damages if you are more than 50 percent responsible for the accident. Consider hiring a lawyer if you are partially at fault for an accident, as the other side may try to assign you an unfairly high degree of fault. Moreover, if you cannot reach a settlement agreement, it will be up to a jury or judge to determine your percentage of fault. Having an attorney argue your case can be beneficial.
Note that your degree of fault will also play a role when calculating compensation. For example, if you are 20 percent at fault for an accident, you can only recover 80 percent of your damages.
We Fight Hard for Car Accident Victims
The days and weeks following a car accident can be chaotic, painful, and exhausting, especially for victims who have suffered significant injuries. However, you are not alone. If you were injured in a car accident in Indianapolis, our dedicated attorneys can protect your rights and fight for full and fair compensation on your behalf. There are no financial risks for you as you don’t pay anything unless we win. Contact us today to find out how we could help you after a car accident in Indianapolis.
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