Personal injury claims may vary wildly from one case to the next, but the overarching issue is the same. Someone was negligent in some way, and you were hurt as a result of that negligence. When working within Indiana law, there are restrictions on what you can pursue compensation and how long you have to file. Working with an Indianapolis personal injury lawyer can be the difference between receiving a fair settlement and receiving no compensation at all. An attorney should fight for your right to a fair amount of compensation to cover your financial losses and suffering.
At Stewart|Phelps|Wood Injury Lawyers, we work with victims every day. We see first-hand what a poor driving decision or an unruly pet can do. A minor injury can have a significant impact. It’s not unlikely that you’ll lose time at work and have to pay medical bills, which is a recipe for financial ruin. You need help to cover your medical costs, and you should be able to recover your lost wages as well.
Decide to take the fight into your hands and hire an attorney that will actively pursue the maximum amount of compensation possible for your claim. Your case requires a personalized approach. Call the attorneys at Stewart|Phelps|Wood today at 317-593-3014 for a risk-free consultation with our personal injury specialists. We will answer all of your questions and will not rest until we get you the compensation you deserve.
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How Much Does It Cost to Hire An Indianapolis Personal Injury Lawyer?
After a car accident or other form of injury, you’re probably stretched thin enough financially. Not only are you worried about medical bills, the loss of your car, and time spent away from work but now you need a lawyer? It’s true, you do need a lawyer, but you don’t have to spend thousands of dollars with the possibility of not receiving a settlement.
How does it work? Our personal injury attorneys will work on a contingency fee. That means that we won’t be paid anything at all unless we win you compensation.
Contingency fees help keep the attorneys’ accountable and focused on the case. This fee structure also helps ensure that you’re getting a fair portion of your compensation. Contingency fees will usually be for a percentage of your compensation award, and that fee will be paid out of your settlement amount.
You will be aware of the percentage before hiring the attorney, and the law office will handle all the fees associated with your case until the case closes. The contingency fee system makes it reasonable that anyone can get the legal representation they need in a personal injury claim.
The best part is that if there is no recovery, then there is no fee.
Is There A Time Limit on When an Injury Claim Can Be Filed in Indiana?
Yes, there is a time limit. In Indiana, you have two years from the date of the injury to file a personal injury lawsuit. There are no exceptions for this statute and filing even one day late means that your case will not go through.
Although statutes do occasionally change, in Indiana, the statute on personal injury as the cause of action has been static for a while. The cause of action is the particular injury that led to you opening a case.
When starting your claim, you will need to show the court that the cause of action is your basis to sue. Then you must prove that the cause of action took place within the last two years. Afterward, you will be able to begin your case in civil claims court.
There is the rare case where the statute will apply with a different interpretation based on when the plaintiff knew or could have known about the injury. For example, if you were in a car wreck and checked out from a medical professional that everything was okay, but years later learned that you had a spinal injury from that crash, the statute may be moved.
How Long Does It Take to Settle A Personal Injury Case?
There is no timer or countdown on personal injury cases. Some cases close within a few days because the insurance company involved is ready to make a reasonable settlement offer. However, other cases will take years.
If you filed a claim a few months ago and nothing has happened yet, then you need legal help. A personal injury lawyer can’t expedite the process, but we can find out what is holding up your case. We can also help you be aware of anything that can be done to get the case moving again.
Insurance companies will often rush victims of a crash to accept a settlement early and quickly. If you rejected their settlement offer, they might then take a different approach. They may drag out your claim for as long as possible in the hope that you’ll accept a low offer to close the case.
Settling a claim too early is not a good idea. You may not receive a fair amount of compensation, and it can be difficult to reopen a claim or seek further compensation after you take a settlement.
Work with an injury attorney to ensure that the insurance company doesn’t start playing games with your settlement. Involving a legal representative can help you know what a fair settlement is and what isn’t. You deserve a fair amount of compensation in the least to help you financially recover from the accident, which caused the injury.
So, what can hold up a claim besides the insurance company delaying a settlement? These are common issues that delay claims:
- Other parties involved are disputing fault.
- You are still in recovery and still building up medical costs, which need to be part of the compensation.
- Multiple parties are taking part in the settlement process.
When dealing with multiple parties, it may be more challenging to identify who was at fault and how each person contributed to the degree of injury. Additionally, if you’re still recovering an Indianapolis personal injury lawyer may advise you to wait for a settlement that encompasses all of your medical expenses.
What Types of Damages Can I Seek?
In Indianapolis, Indiana, you can seek recovery for a wide variety of damages associated with personal injury. We know that your suffering is not just physical. However, victims will often believe that they have limited options or only have access to recovering the cost of their medical bills.
Recovering damages should include your medical expenses, pain, and suffering, as well as emotional distress. Before you can seek out compensation, you’ll want to ensure that you’ve fully recovered or are in the process of a full recovery. Seeking these various types of damages will also come with closely tracking different costs and losses.
Collecting compensation for medical expenses requires you to do two things. First, you must make a full recovery or see the medical treatment course through to the end. Second, you must closely track your expenses.
When making a full recovery, the state of Indiana uses a maximum medical improvement metric to determine if you’re going to improve further. If you have hit 100 percent, then your MMI is complete. However, if you have not, then the medical professionals involved in your care believe that you can still recover function or health to the degree that you had before the accident.
Pain and Suffering
Cases hardly ever include physical pain without emotional pain. While “pain” within the context of pain and suffering does specifically apply towards medical treatment and care, suffering encompasses nearly everything else. Suffering will likely include your lost wages.
Suffering can also include things like losing the ability to participate in a hobby that you enjoyed before the injury. These issues are real, but many insurance companies will try to minimize the amount of pain and suffering payout available. Work with an attorney to try to recover compensation for the pain and suffering you experienced from this injury.
Accidents can leave long-lasting injuries that change not only a person’s physical abilities but their emotional abilities as well. Aspects of mental health and emotional distress can include depression, anxiety, lack of energy, difficulty concentrating, and worthlessness.
In cases where someone died during the accident, there is likely the presence of survivor’s guilt. An accident that led to an injury can drastically change a person’s demeanor and internal processes. Getting help for these mental health concerns comes at a steep cost but is necessary for a full recovery.
When filing your claim, you should seek compensation for emotional distress. Work with healthcare professionals to show the extent of distress that resulted from your accident.
Even minor accidents can keep you from work for a week or more. If you’re not returning to work shortly after a wreck, you can quickly begin to feel the struggle of financial setback. People involved in crashes will often experience immediate financial stress as they focus on repairing their vehicle or replacing it.
But when they are unable to work and earn a living as they used to it seems hopeless. Many families have fallen apart from financial ruin after an accident. Although it might seem like it’s best to rush back to work, don’t. Follow the doctor’s orders and only return to work when you have the proper signoff from a medical professional.
Loss of Earning Capacity
If an injury makes it hard or impossible to enjoy life the way you did before the accident, you can evaluate the possibility of a loss of earning. It’s entirely possible that you can show that the injury has restricted your ability to work or earn in the future.
For example, if you worked as an electrician where you needed fine motor skills and well-defined dexterity and lost a hand, you may not be able to work again.
The compensation amount possible depends on the work you do, as well as the extent of your injury. In these cases, you’ll need an expert to help to analyze what your earning potential was before the injury.
People often associate property damage with only the vehicle. But what happened if your laptop was in the car? Smartphones and car seats are regularly making appearances in property damages claims.
You can receive the value of the car, or the value of the car at the moment of collision. That concept might seem confusing, and people typically expect their insurance company to pay off ay outstanding loan. That’s not usually the case.
Regardless of any outstanding loan, you can only receive compensation for the value of the car at that time, not the value of when you purchased it.
Types of Personal Injury Cases We Handle
We handle such a wide variety of personal injury cases. It’s important to note that each case adds a wealth of experience to our attorneys knowledge-base.
Serving a massive variety of victims has helped us address issues that may be unique to particular situations or types of personal injury. Through our experience, we’ve handled cases of all sizes with substantial complexity.
We provide services for all of the types of personal injury cases below as well as others. If you do not see the cause of your injury below, please contact our offices. At Stewart|Phelps|Wood Injury Lawyers, we’re here to help all victims of personal injury.
Being in a car accident is relatively common; in fact, most drivers will be in a wreck at some time in their life. That doesn’t mean that anyone can prepare for a car crash. Car accidents come as a surprise to everyone involved. In addition to the surprise, there is an immediate financial strain and concern for who is “at-fault” for the injuries. A car accident lawyer can guide you through the process, from the crash site to collecting your settlement, ensuring that you obtain maximum compensation.
Crashes with commercial trucks often result in death, serious injury, or lifelong pain. You can’t possibly manage to go through the entire process of closing these claims without legal help. These cases are often more complex than any other type of car wreck because of the involvement of the trucking company and will normally require the assistance of a truck accident lawyer to get the compensation you deserve.
Riding a motorcycle comes with a substantial amount of risk as other drivers will often fail to provide an adequate duty of care. In these events, you need legal help to show that your injuries are a result of the other driver’s negligence. Proving negligence in a motorcycle accident can be difficult; it’s best to have legal support from a motorcycle accident lawyer.
A new type of personal injury case, ridesharing companies such as Uber, offer a strange twist on car accidents. Now passengers may have to go through a company to access compensation for their injuries. When you’re involved with two drivers and a company, claims can become confusing. It is recommended you don’t try and handle an uber accident claim yourself. Call our Uber accident lawyers and obtain the compensation you deserve for your injuries.
A friendly dog turned on you. Perhaps the owner wasn’t paying attention, or the dog wasn’t properly leashed. In the best cases, these issues settle quietly. In more severe cases, these issues involve more people, animal control, or even children. Learn what your options are to seek compensation for your injury by contacting our dog bite attorneys.
From car accidents to accidents on private property, there are wrongful death cases that happen every day. Without a doubt, you and your family don’t want to worry about financial resolution. But for many families, it’s the only way to start putting your life back together. Speak with a wrongful death lawyer before your two-year window to start a claim closes.
Contact an Indianapolis Personal Injury Lawyer Today
The personal injury attorneys at Stewart|Phelps|Wood Injury Lawyers help victims of negligence get the compensation they need. Our staff understands the complexities that come with personal injury cases. Serving the community near Indianapolis, Stewart|Phelps|Wood Injury Lawyers provides a wealth of experience and resources for those who need help.
When you’re injured unexpectedly, it can impact nearly every aspect of your life. As you go through medical treatment and recovery, you’ll likely miss work. These changes will put more strain on your family life as well. It’s not as if these injuries only inflict physical pain. The stress and struggle that comes with personal injuries are the primary reasons to take on a personal injury attorney.
After an accident, you need to contact an injury lawyer. Call our offices at (317)593-3014 today to learn more about the complex issues in your case. A lawyer can explain how the driver’s insurance or the involvement of a company might impact your compensation. They can also guide you through how much compensation you deserve and when you should accept a settlement.
Contact us today to schedule a free consultation and ensure that you have a fighting chance for fair compensation in your case.