Accidents and the resulting injuries can be physically, mentally, and financially devastating. This is especially true when caused by someone else’s negligence. The Indianapolis, IN Personal Injury Lawyers at Rowe & Hamilton Attorneys at Law can help you pursue compensation from the person or entity that injured you.
We know that it’s almost impossible to go through life without getting injured from time to time. Bruises, bumps, burns, and the occasional bone fractures are inevitable parts of being human. However, some injuries can be traumatic and often lead to serious disruption of the victim’s life.
At Rowe & Hamilton Attorneys at Law, our Indianapolis law firm has decades of combined experience working to bring justice to personal injury victims and their families and securing the highest compensation possible. We have negotiated favorable settlements for a wide variety of personal injury claims, to help our clients get their lives back on track.
You don’t have to suffer because of someone else’s negligence. Call us today at 317-482-7888 to schedule a consultation with our dedicated Indianapolis, IN personal injury lawyers and discuss your options.
What Should I Do After an Injury?
The steps you take following an accident that was not your fault will have a huge impact on the outcome of your case. Here is what to do after a personal injury:
Get Medical Treatment If Needed and keep records of all treatment
The first thing you want to do is to seek emergency medical attention. Make sure that you go through with your treatment and follow your doctor’s instructions. If you’re advised to stay home and rest, do just that. Don’t try to miss doctor’s appointments or therapy sessions. Failure to keep up with the treatment might cause the insurance company to claim your injuries were not as serious as you claim.
Take Photos and Videos if you Can
Take as many pictures of the scene of the accident as necessary. Be sure to capture anything that might have contributed to the incident. Ensure that you take pictures of your injuries and keep capturing them to document how they progressed over time.
You also want to consider taking notes or keeping a journal about your experiences with the injuries. Since most of the damages you might suffer could be intangible, such as anxiety, pain, and suffering, it could be challenging to prove them without some evidence. Consider writing notes on your pain levels, how the injuries have limited your movement and/or activities, and other impacts for every day, as they could serve as important evidence.
Get the names and phone numbers of any witnesses
Before leaving the scene of the accident, it’s a good idea to collect the contact details of the people present at the scene of the incident. Make sure you ask for the full names, phone numbers, addresses, and other relevant information based on the circumstances surrounding the incident; like license plate information for auto accidents.
Report the incident
If you were injured in a public space like a department store, ensure that you notify the management. If you were hurt in a workplace, ensure you report the incident to your supervisor or manager. Reporting the incident will help document its cause, the contributing factors, and the injuries sustained. The more information is collected and documented in the incident reports, the higher the chances of getting a successful settlement.
Never admit fault
It’s only natural for some people to feel the need to apologize for the incident, even if it wasn’t their fault. But this is something you should never do in a personal injury case. Keep in mind that anything you say could be used against you, and some statements could be turned into admissions of guilt. This may only end up making it difficult for you to recover full compensation.
Call a Personal Injury Lawyer
We implore you to reach out to an Indianapolis personal injury lawyer as soon as possible following the incident. They will give you professional advice after assessing your case and give you the different legal options you could pursue.
In case you wait for too long before speaking to a personal injury lawyer, valuable evidence might end up disappearing forever, or maliciously changed or destroyed. Working with a personal injury lawyer as early as possible will allow you to focus on making a full recovery, while they focus on handling the legal side of things on your behalf.
Why do I Need an Indianapolis Personal Injury Lawyer?
Personal injury victims will often have to contend with heightened emotions along with a sense of anxiety regarding their injuries. They may find themselves worrying about the validity of the case and what the whole experience of seeking compensation will be like. This could make them confused and unsure about their options.
This is why it’s best to work with a trustworthy personal injury lawyer. Legal assistance could be crucial in helping you and your family return to your daily lives. Here are some of the ways a personal injury lawyer can help with your case.
For every personal injury case, collecting and preserving evidence is a crucial step. Our team of Indianapolis personal injury lawyers can help you collect the evidence for your case while it’s still fresh and preserve it appropriately. Evidence in personal injury cases typically includes witness statements, police reports, surveillance footage from the scene of the incident, medical records, receipts, and others. Your personal injury lawyer can effectively use the evidence to build a strong case on your behalf to pursue the maximum compensation possible.
Our personal injury lawyers are well-trained and experienced in negotiating with insurance companies. We will review all the insurance policy details and the facts surrounding your case. This will allow us to establish the compensation that might be available to you. We will also handle all communications with the insurance company so that they don’t take advantage of you.
Trial Preparation and Representation
In case the defendant is unable to reach a fair settlement figure, we can confidently take your case to trial. At Rowe & Hamilton Attorneys at Law, our team of personal injury lawyers is well-versed in handling court trials. We will work to convince the judge and jury that you deserve full compensation, and work to get you a favorable outcome.
What Type of Damages Can I Recover?
If you are a victim of a personal injury, you can recover compensation for the physical, psychological, and financial strain you suffered as a result. The damages commonly awarded in Indiana personal injury cases include:
These are meant to provide compensation for the financial losses you suffered as a result of the accident. They typically include:
- Past current and future medical expenses, including emergency room bills, hospitalization, prescriptions, rehabilitation, and any other necessary treatment.
- Lost earnings or wages if the nature of the injuries kept you away from work.
- Any property damage caused by the incident to the victim’s property or belongings.
- Lost earning capacity if the injuries cause permanent or temporary disability that makes you unable to work as you used to before the incident.
These are the damages awarded to compensate the victim for the intangible losses, such as the psychological and physical pain suffered as a result of the accident. They include:
- Pain and suffering that the victim underwent in the accident and treatment of the resulting injuries.
- Loss of enjoyment of life in case the injuries prevent the victim from enjoying their hobbies or other activities that they used to enjoy.
- Mental distress along with other psychological illnesses the victims might suffer as a result of the incident.
- Loss of companionship if the injuries limit the victim from enjoying their married life or if it affects their relationships with family and friends.
Punitive damages are very rare and are only awarded in cases where the defendant is deemed to have displayed gross recklessness, negligence, or malicious intent. They are awarded to deter the victim and the members of the public from engaging in such behavior in the future.
How is Liability Determined?
Personal injury law is reliant on the concept of negligence. Negligence occurs when one party causes harm to another person through careless or reckless actions, leading to their suffering and/or property loss or damage.
In most cases, the victim is allowed to file a personal injury claim against the party responsible for the incident. However, for the claim to be successful, the victim has to prove the following four elements of negligence:
Duty of care
You have to demonstrate that the negligent party had a duty to comply with a standard of care based on their circumstance, to protect you and other people from unreasonable harm. Duty of care is often demonstrated by highlighting the applicable standard of care based on the relationship between the defendant and the plaintiff.
Breach of duty of care
You have to show the other party breached their duty of care by not meeting the requirements of the applicable standard of care. This can be demonstrated in several ways, including showing the defendant’s actions were against the laws or the custom of an industry.
The next step is to prove beyond a reasonable doubt that the damages and/or injuries you suffered were directly caused by the negligence or misconduct of the defendant or the breach of duty of care.
You must have suffered damages that are compensable under Indiana laws. If you’re unable to demonstrate damages, the court might be unable to hold the defendant liable for negligence.
Indiana Negligence Laws
Indiana is a modified comparative negligence state. This means that the liability placed in personal injury cases will depend on the percentage of fault ascribed to the party by the court. This also means that the plaintiff will be unable to recover compensation if they are found to have contributed more than 51% to the incident.
How Much Time Do I Have to File a Personal Injury Claim in Indiana?
The time limit for filing personal injury claims in Indiana is covered by the state’s statute of limitations. The statute of limitations for personal injury cases is two years from the date of the accident. Failing to meet this deadline will result in the court dismissing your claim.
Personal Injury Claims Process
At Rowe & Hamilton Attorneys at Law, we guide our clients through every stage of the personal injury claim filing process. We explain every step of the process and keep you informed about the progress of your case. The following are the basic steps to expect from a personal injury case.
Meeting with your personal injury lawyer
The first thing you do is to hire a trustworthy Indianapolis, IN personal injury lawyer like the ones from our firm. In your free initial consultation, you will discuss the details of your case. This will help your lawyer establish whether or not you have a case, and if you do, proceed to the next step.
Filing the paperwork
Your lawyer will work to prepare and file a petition or complaint with the court. These official documents essentially outline your case against the defendant. They outline the facts of the case, including how and where the incident happened.
During this phase, both sides will go out there and collect as many facts and evidence as possible about the case. This may include depositions, witness statements, medical records, police reports, and other important documents. This will allow each side to get the evidence they need to support their case.
Before the case can go to trial, the defendant’s side might file a motion to get your case dismissed, perhaps citing lack of evidence, lack of jurisdiction, or other reasons. If the judge denies this motion, the case proceeds to court.
Trial or Settlement
In many cases, we will settle your case out of court. This is often advantageous because it will take less time and money to get you your compensation. However, if the other side doesn’t offer a fair settlement, we will not shy away from going to trial. A jury or judge will then issue a decision about the case, including how much compensation the other side is required to pay.
How Much Will an Indianapolis Personal Injury Lawyer Cost?
Most personal injury law firms offer their legal services on a contingency fee basis. This generally means that you will pay your legal fees once your lawyer has successfully obtained a settlement on your behalf. The payment will be a percentage of the settlement amount. If your case is lost, then you don’t have to pay the legal fees.
Whether you win or lose the case, you might still have to pay court fees, administrative fees, and other expenses that might come with the personal injury case. However, in most cases, you won’t have to pay for anything out of pocket.
Types of Personal Injury Cases We Handle at Rowe & Hamilton Attorneys at Law
A personal injury claim is not one definite thing – it encompasses different injuries that might occur in different situations and locations. The following are the types of personal injury claims we handle:
Auto accidents: Auto accident claims can get complicated, especially when dealing with underinsured and uninsured motorists. Even if the insurance company denied it, you might still have a claim!
Motorcycle accidents: Injuries from these tend to be quite devastating. We can help you seek compensation from the negligent motorist.
Workplace accidents: Workplace accidents often include slips, falls, trips, and contact with hazardous objects or equipment. No matter the cause of the accident, you can pursue compensation through workers’ compensation law.
Truck Accidents: Due to their weight and size, trucks tend to cause serious damage in accidents. They also tend to be surrounded by complexity due to the multiple parties involved. But we can help!
Medical malpractice: A doctor or any other healthcare professional that may have caused harm through an error in treatment, diagnosis, or health management can be held liable for the damages caused.
Product liability: An injury that results in the malfunction of a product can be compensated for through class action lawsuits with the help of our lawyers.
Wrongful death: We can help you recover damages for a loved one who lost their life due to a third party or entity’s misconduct or negligence.
Slip and fall: We know that injuries suffered from a slip and fall accident can be devastating. We can help you recover compensation from a negligent third party or entity.
Work with a Trustworthy Indianapolis Personal Injury Lawyer
The professional team at Rowe & Hamilton Attorneys at Law will walk you through each step of your personal injury claim. We like to be hands-on with our clients, unlike most personal injury lawyers in Indianapolis. Our team is committed to working with you one-on-one, and we handle each case directly – we won’t pass you off to our support staff.
We strive to ensure the process of recovering compensation is as seamless as possible for our clients. We always keep an open line of communication with each client. Whenever you need us, we are always available. Call 317-482-7888 today to speak to one of our Indianapolis, IN personal injury lawyers about your claim.