Even when you drive safe, car accidents are sometimes unavoidable. Speeding and distracted driving are among the most common causes of car accidents, meaning that other motorists are not always mindful of your safety.
To discuss whether you are entitled to compensation following a car accident, call Sevenish Law Firm, P.C. today at (317) 720-3229 for a free consultation.
Collecting Damages
Injuries from a car accident can lead to permanent conditions that limit your ability to enjoy life, which is why a Plainfield car accident attorney can help you collect damages for:
- Lost wages
- Emotional distress
- Disability
- Medical bills
- Damage to your vehicle
Many car accidents in Indiana are the result of driver error or mistake. Traffic laws exist to reduce accidents, meaning that when a motorist speeds or runs a stop sign, it endangers other drivers. Because Indiana is an at-fault insurance state, the driver who is responsible for the accident is liable. Since all vehicle owners must maintain auto insurance, when the other driver is at fault you can collect compensation from their policy for economic damages.
A Plainfield car accident attorney can prove the other party is at-fault and:
- Negotiate a settlement
- Argue your case at trial
- Communicate with insurance companies
- File a civil lawsuit against liable parties
- Collect evidence to support your claims
- Recover economic and non-economic damages
Working with a Plainfield car accident attorney also ensures that your claim is filed within the statute of limitations, which is two years from the date of the accident for most personal injury cases. Failing to file a valid claim within the statute of limitations can bar you from recovering compensation.
For a free legal consultation with a lawyer serving Plainfield, call 317-636-7777
Fault Matters
Indiana is an at-fault insurance state and practices a modified comparative negligence rule. You can only recover damages for a personal injury claim if you are 49% or less at-fault than the other party for the accident. Likewise, fault determines which driver’s insurance policy reimburses you for your economic costs.
Insurance Policies
When you are in a car accident, you collect benefits and compensation from the at-fault driver’s policy. Indiana requires all vehicle owners to carry insurance that covers bodily injury. Bodily injury policies cover medical expenses and other actual costs incurred as a result of the accident.
Indiana requires drivers to carry a minimum of:
- $25,000 bodily injury coverage per person
- $50,000 bodily injury coverage for all persons per accident
- $25,000 property damage liability coverage
If your costs exceed the at-fault driver’s policy limits, you can file a claim with your insurance company because Indiana also requires vehicle owners to have at least:
- $50,000 in underinsured motorist bodily injury coverage
- $25,000 in underinsured motorist bodily injury coverage
- $10,000 coverage for property damaged caused by an uninsured driver
However, some injuries may cause financial losses exceeding insurance coverage. When this occurs, a Plainfield car accident lawyer can file a civil lawsuit against the responsible driver for excess economic costs.
The Other Driver
A Plainfield car accident lawyer can recover civil damages against the other driver for economic and non-economic costs. If an injury leaves you permanently disabled, you can receive compensation for current and future lost wages, as well as for a diminished quality of life. If you suffer long-term trauma from the injury, you can also recover non-economic damages.
In most instances, non-economic damages for car accident injuries are capped at $300,000.
Other Liable Parties
If the other driver was working when you were injured in a car accident (such as a delivery driver), you may be able to file claims against the driver’s employer. Likewise, if you are injured in an accident involving a commercial vehicle, a Plainfield car accident lawyer may be able to pursue damages against the company that owns the vehicle.
If an accident was caused by malfunctioning traffic lights, the municipality responsible for maintenance may also be a liable party. Sometimes an accident is the result of a vehicle manufacturing defect, in which case you may be entitled to additional damages and claims against the car manufacturer. The best way to ensure all liable parties are pursued when you seek compensation for a personal injury claim is to consult a Plainfield car accident lawyer.
Personal Injury Lawyer Near Me 317-636-7777
Potential Damages
Indiana does not cap economic damages. However, most personal injury cases involving car accidents limit non-economic damages to $300,000. There are several exceptions to non-economic recovery limits, making it important to share the details of your case with a Plainfield car accident lawyer.
Economic damages are actual costs that you were not reimbursed for that you incurred solely because of your accident. Although insurance may cover a portion of your medical bills, you may have to pay certain out-of-pocket expenses. Additionally, severe injuries can lead to excessive medical bills that exceed bodily injury coverage.
Comparative Negligence
Indiana practices a comparative negligence rule that prevents you from recovering damages for injuries if you were primarily responsible for the accident. If you are partially at-fault, your judgment is deducted by the percentage you are responsible for the injury.
Non-Economic Losses
When you sustain a severe injury, it can impede your ability to work or provide for your dependents. Non-economic damages allow you to receive compensation for things like:
- Loss of affection
- Future lost earnings
- Pain and suffering and emotional anguish
- Inability to enjoy life
- Impact injuries have on your overall quality of life
If you previously lived an active lifestyle and injuries from a car accident preclude your participation in those activities, you can request non-economic damages because the injuries limit your future ability to enjoy life.
Call Sevenish Law Firm, P.C. today at (317) 720-3229 to discuss your legal options during a complimentary consultation.
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Contact Sevenish Law Firm, P.C. Today
A Plainfield car accident lawyer ensures that your interests are represented when you are hurt in an accident. You can recover compensation from the other driver to cover actual and non-economic damages. When injuries impact your career or personal life, it can make it difficult to recover from the physical, emotional, and financial injuries caused by a car accident.
Call Sevenish Law Firm, P.C. today at (317) 720-3229 to discuss how we can help you pursue compensation following a car accident during a free case evaluation.
Call or text 317-636-7777 or complete a Free Case Evaluation form
