Indiana Personal Injury Lawyer
Every day, thousands of people in Indiana get harmed or abused due to someone else’s carelessness, recklessness, and violent actions. These accidents can have lasting physical and mental impacts on the victim’s life.
The term “personal injury law” does not merely encompass car accidents, it is an umbrella term for various types of incidents, from birth injuries and truck accidents to nursing home abuse and dog bites.
Personal injury laws can be confusing for someone outside the industry. In Indiana, our skilled Indiana personal injury attorneys at the Injury Lawyer Team will ensure that clients receive the guidance and representation they need and achieve fair compensation in their cases.
Table of Contents
What is a Personal Injury Claim?
A personal injury claim refers to a civil lawsuit you can file if you or a loved one has sustained an injury in an accident caused by the negligent, reckless, or intentional wrongdoings of another person or entity.
This lawsuit allowed the injured party to seek compensation for their damages like medical expenses, lost wages, pain and suffering, and other losses incurred as a result of the injury.
Personal injury claims in Indiana can arise from various incidents such as car accidents, slips and falls, medical malpractice, or defective products. The Indiana personal injury lawyers gather evidence, negotiate with insurance companies, and if needed, pursue litigation to secure fair compensation for the victim’s losses and damages.
Consulting with an Indiana personal injury attorney can help navigate the legal process and ensure the best possible outcome for the victim.
Contact our Indiana personal injury lawyers to schedule a free consultation. All confidential or sensitive information shared with your Indiana personal injury lawyer remains private through an attorney-client relationship.
Personal Injury Cases We Accept in Indiana
We provide unparalleled legal representation in a variety of Indiana personal injury cases, including:
- Motor Vehicle Accidents – Road crashes such as car accidents, truck accidents, and motorcycle accidents can cause life-altering brain, spine, and other personal injuries. In 2020, about 175,816 total car accidents were recorded in Indiana. Our Indiana accident lawyers will review your situation and suggest the best legal recourse.
- Bicycle and Pedestrian Accidents – These accidents happen mainly due to distracted or drunk driving, speeding, and failure to yield. If you have suffered bruises, head trauma, fractures, or any other injury, an Indiana personal injury lawyer will file a personal injury claim for you.
- Slip and Fall Accidents – Whether it was in a corporate office, a retail store, or a parking lot, if you have suffered injuries in a fall, call our Indiana personal injury attorney right away. Data from the US Bureau of Labor Statistics (BLS) reveals that Indiana holds the tenth spot for most fatal workplace injuries.
- Wrongful Deaths – If you lose a loved one due to someone’s negligence or recklessness, our wrongful death lawyer will help you secure financial relief through a wrongful death claim.
- Medical Malpractice – We can help patients or their families sue the hospital or doctor that caused medical negligence, like surgical errors, misdiagnosis, or nursing faults, through a medical malpractice lawsuit. According to the AMA’s Benchmark 2016 survey, Obstetricians and Gynecologists faced the highest number of medical malpractice lawsuits.
- Construction Accidents – Prolonged asbestos exposure can lead to various long-term illnesses like mesothelioma, lung cancer, asbestosis, and pleural plaques. If exposed and harmed due to negligence, seek legal counsel experienced in Indiana personal injury claims to pursue damage compensation.
- Dog Bite Injuries – Injuries from aggressive dog bites can lead to heavy medical costs, severe pain, disfigurement, and emotional trauma. Book your free case evaluation with an Indiana personal injury attorney. According to 2022 data from State Farm, Indiana is one of the top ten states for the most number of dog bite claims.
- Premises and Product Liability – From defective products to unsafe premises, negligence can lead to injury. Legal recourse may include pursuing compensation through legal claims with the help of our Indiana personal injury lawyers.
- Sexual Abuse – Women and children are the most affected by sexual harassment and violence crimes, both physical and physiological. In 2023, Indiana reported nearly 2,539 rape incidents. Our law firm is committed to holding perpetrators accountable and seeking justice for victims.
- Nursing Home Abuse and Negligence – Elders often face physical, emotional, financial, and neglectful mistreatment at nursing homes that go unnoticed. It’s important to seek legal action against abusers, secure compensation, and ensure improved care standards within nursing homes.
What To Do After An Indiana Accident?
After experiencing an accident in Indiana, it’s essential to know the necessary steps to ensure your safety and protect your interests.
Here’s what to do immediately following an accident in the state:
- Check for any injuries and move to a safer location.
- Call 911 to report the accident.
- Request an ambulance immediately if injured
- Get a driver and witness information.
- Take photos of the accident scene.
- Do not discuss fault with anyone
- Do not post anything about the accident or your health on social media.
- Review your automobile insurance policy
Finally, the most important step to take is to call an Indiana personal injury lawyer
Statute of Limitations for Indiana Personal Injury Cases
In Indiana, there’s an established deadline for someone to file a personal injury lawsuit. Typically, the Indiana statute of limitations is two years, meaning, you have two years to file a personal injury claim. After this period, you no longer have a valid legal case.
If your injury claim is against a city, county, or state government, the statute of limitations will be decreased. Personal injury claims against the city or county must be filed within 180 days while a claim against the state should be issued in 270 days.
Modified Comparative Fault Law in Indiana
The state of Indiana follows the legal concept of “modified comparative fault”, also used by 32 other states. Under this law, the injured party may recover damages only if they are not more than 50 percent responsible for the accident. However, their percentage of fault will lessen the amount of compensation the injured party receives.
For example, if you were awarded $50,000 in damages, and the court determined you were 25% at fault for the accident, then your award would be reduced by 25%, which is $12,500. But, if you were found to be 55% at fault, your compensation will be declined as it exceeds the 50% cutoff.
Modified comparative fault is also known as the “51% fault” system.
Damage Caps on Indiana Personal Injury Compensation
Damage caps limit the maximum compensation offered by an insurer to $250,000 per insurer, not surpassing $1.25 million overall. For Indiana personal injury, the cap is set at $700,000 (per IC 34-13-3-4).
The Role of Injury Lawyer Team Lawyers in a Personal Injury Claim
Once our Indiana personal injury lawyer had the initial consultation and case evaluation with the client, they proceeded with the claim process following these steps:
Investigating and Gathering Evidence
To strengthen your claim, the Indiana personal injury lawyer conducts a thorough investigation of the accident events. They gather evidence such as photographs of the accident scene, physical evidence, witness testimonies, and copies of medical reports. Additional proofs including your billing statements and documentation of your payroll are collected to demand compensation from the responsible party.
Resolving Property Damage Claims
In car or motorcycle accident cases, our Indiana personal injury lawyers swiftly handle repairs or rental car arrangements and negotiate fair compensation for total losses, ensuring you are back on the road as soon as possible.
Submitting a Demand Letter
We wait to submit a compensation demand and start negotiations until your medical treatment is complete. Because once a settlement amount is agreed upon between an injured party and an insurance company, the former will be asked to sign a “Release of All Claims”, preventing the injured party from seeking further compensation.
At the right time, our Indiana personal injury lawyer sends a “demand letter” outlining the client’s injuries, and damages along with gathered evidence, to the at-fault party or their insurance company, demanding compensation.
Negotiating with the At-Fault Party
The lawyer negotiates with the insurance company or opposing party in an attempt to reach a settlement. Negotiations typically involve presenting evidence, such as medical records and bills, to support the extent of your injuries and damages. Through skilled negotiation tactics and legal expertise, the Indiana personal injury lawyer strives to help clients receive fair compensation for their injuries and damages.
Filing a Lawsuit (if necessary)
If a settlement cannot be reached, the lawyer may file a personal injury lawsuit on behalf of the client. A personal injury attorney initiates a lawsuit by preparing a legal document known as a complaint, which is filed with the appropriate court. Throughout this process, the lawyer gathers evidence, engages in discovery, and represents the client’s interests in negotiations or trial.
Representing the Client at Trial
If the accident or injury case cannot be resolved through settlement, it will proceed to trial. The Indiana personal injury lawyer presents evidence and arguments to the court, cross-examines witnesses, and makes legal arguments to advocate for their client’s rights. Ultimately, a judge or jury will decide the outcome of the personal injury case.
Schedule a Free Consultation with an Indiana Personal Injury Lawyer
Are you the victim of someone else’s negligence or abuse? If so, hiring a personal injury lawyer in Indiana should be your next course of action. Lawyers at the Injury Lawyer Team, powered by Rosenfeld Law Offices, are committed to achieving the best possible outcome for clients’ injury claims.
By offering a free evaluation of your case, our law firm provides you an opportunity to discuss the case details, explore your legal options, and understand the best course of action.
Contact our Indiana personal injury lawyers today at (888) 424-5757 to schedule a free consultation. We accept personal injury cases in Indianapolis, Indiana on a contingency fee agreement. Meaning, you pay no upfront legal fees until your personal injury attorney wins your case.