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Personal Injury
"Indiana's Super Lawyer" Over 60 Years of Combined Experience.www.Ladendorf.com/IndianaFree Injury Attorney Case Evaluation. Quick Form, No Obligation.www.AttorneyHelp.comFree online claim evaluation for injuries & malpractice.www.Personal-Injury-Help.usPersonal injury cases arise when someone is injured by the actions of another person, and seeks money to pay for those damages. The most common type of personal injury lawsuits stem from car accidents.
Top If You're in an Accident
If you've been injured in an accident, it's important to record as much information as you can about the accident. Do so while it's fresh in your mind.
Some important matters to journal include a description of exactly how the accident happened (include even seemingly minor details such as time of day, weather, and traffic conditions); the names, addresses and insurance companies of every party involved; and the names and phone numbers of any witnesses. Make sure to record the names of the police officers who responded to the accident, too.
Also, take pictures of anything that will help prove your injury. This could include photos of yourself, your car, items in your car that were damaged, and possibly even the clothes you were wearing.
Top Whom Should You Talk To?
Many professionals feel that if you've been injured, you should consult a personal injury lawyer before talking to any insurance company adjusters or representatives.
Why? For starters, insurance adjusters may not have your best interest at heart. After all, they do work for the insurance company, not you. Secondly, personal injuries can be tricky for a layperson to deal with, as damages can sometimes be hard to quantify.
Personal injury attorneys are able to review your case, determine its validity, advise you on how soon you must act, and help ascertain your actual and potential damages. Many times you won't have to pay for this legal advice unless you are awarded with a favorable judgment.
Keep in mind that insurance companies are used to dealing with these matters, and have their own, specialized teams devoted to these sorts of claims. They may pressure you to take an early settlement, which often may not adequately cover your needs, or be near the amount you are entitled to collect.
Top Determining Blame
To prove a personal injury claim in Indiana, you normally need to demonstrate that the party who injured you failed to exercise ordinary care, or was negligent. You must show that he or she had a duty to perform, and failed to do so.
Furthermore, you also need to demonstrate that you incurred damages as a result of their negligence.
Even if you were partly to blame for the accident, you may still collect an award. Indiana has a "comparative negligence" law. This means that blame for an accident may be split between the parties involved.
For instance, if the other party was found to be mostly responsible for the accident, your award will be reduced by whatever percentage you were found liable.
Top Determining the Damages
As we mentioned, figuring how much you are owed can be difficult to determine. A lot of factors must be looked at, including:
- Property damage (primarily to your car)
- Lost work time (including time spent going to therapy)
- Any possible loss of future earnings
- Emotional distress
- Medical expenses (current and future)
- Any permanent physical changes, including disability
- Home healthcare and home worker costs
- Any other damages that stemmed from the accident
In addition, sometimes punitive damages are awarded when it is found that that the guilty party's actions were so reckless that you should receive compensation that goes beyond these actual costs.
Top Time Limits
If you've been hurt in an accident, you obviously have a lot to think about, and are probably not in the best shape―physically or mentally―to do so. It's important to take your time, and carefully consider all options before moving forward with your course of action. You have two years from the date of the accident to sue the person (or people) responsible for your injuries.
Related Questions from DMV Answers
Where do I submit my accident report form?
Most states require you to file an accident report form at your DMV or other state driver license or motor vehicle agency (for purposes of this grid, “DMV” covers all those) or law enforcement agency following a car accident. Many states provide the forms online or in your local office, but you might need to obtain one from the police or your insurance agency.Each state sets its own accident criteria (i.e. how much property damage, whether an injury or death occurred) and the amount of time you have to file the accident report form. Be sure to file within that time period; otherwise, you could face penalties such as fines or license suspension.Note that even if the grid doesn’t mark the police for your state, you might still be required to contact them immediately following a car crash. Check for your state in the grid below.
Read more >>When do I have to file an accident report?
An accident report usually needs to be filed whenever there is an injury or death, or property damage of a certain dollar amount, or both. Even if the police come and take a report at the scene of the car accident, it’s your responsibility to make sure it’s properly filed and to file it yourself if it wasn’t. Make sure you have enough insurance to cover any incident that might arise.
Read more >>What are the DMV insurance requirements?
Obtaining auto insurance is an important part of owning your own vehicle. In fact, you can't legally drive your vehicle unless it is properly insured. However, in the United States, each state is free to set its own requirements regarding the financial responsibility of vehicle owners. Minimum DMV car insurance requirements for each state are expressed in a three number format. The first two numbers indicate the amount of bodily injury liability insurance a driver must have, with the first number acting as the per person limit and the second number indicating the coverage per accident limit. The third number in the insurance equation is for property damage liability coverage. In some states, Personal Injury Protection (PIP) coverage is required as part of the auto insurance policy. In the event of an accident, this type of auto insurance pays for medical expenses, lost wages, and/or funeral costs. Keep in mind that each state sets car insurance requirements at a bare minimum. Depend...
Read more >>Will tickets from other states affect the status of my drivers license?
The answer depends on where you live, where you got the ticket, the type of ticket, and the current number of points on your driving record. The Driver License Compact (DLC) is an agreement between 46 states to share driver’s license information with its members. This includes alerting home states when a driver is convicted of a serious moving violation in another participating DLC state, such as: Manslaughter or negligent homicide resulting from the operation of a motor vehicle. Driving a motor vehicle while under the influence. Failing to stop and offer aid in the event of a motor vehicle accident resulting in the death or personal injury of another person. Usually, information about less serious offenses, like parking infractions, speeding tickets, and failing to yield violations aren’t reported to the home states. And, even those infractions that are reported may not result in points being assessed on your license; instead, the offense may just be noted on your d...
Read more >>What are the different types of car insurance I might need?
Well-rounded auto insurance coverage should include a combination of the following types of protection:Comprehensive: This covers damage to your vehicle caused by fire, flood, lightning, hail, wind, and other natural causes. But, it also offers financial protection against theft and vandalism, or if you hit an animal.Collision: This pays for damages done to your vehicle due to an accident with another vehicle or a stationary object, such as a pole or street sign.Bodily Injury/Property Damage Liability: This provides financial protection for accidents you caused; it covers the cost of damages associated with other vehicles or individuals, but doesn't pay for your own personal or property losses.Medical Payments: This can cover the cost of medical care for injuries you incurred in an accident, regardless of who caused the accident.Uninsured/Underinsured: This covers the cost of damages incurred to yourself and your property when the at-fault driver either...
Read more >>
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