In Indiana, you can file a personal injury claim or lawsuit to pursue compensation if you were injured in a truck accident. Sevenish Law Firm, P.C. helps truck accident victims like you build strong cases so that we can get you fair compensation and help you recover from your losses.
We help clients in Indianapolis and the surrounding areas, so consider working with a Westfield truck accident lawyer from our firm and get started on your case today.
Our Lawyers Can Help You Fight for Compensation for Your Injuries
If you suffered bodily injuries in a truck accident, you might be entitled to seek compensation for the physical damage you endured. However, you might also be entitled to seek other types of damages if they are related to your injuries or the truck accident.
When you work with our team, we can assess your damages to calculate how much compensation you should pursue in your truck accident case. These damages will generally be divided into economic and non-economic losses–in other words, your financial and general losses.
Some compensable damages you may be entitled to pursue include:
- Medical care costs, including costs for ongoing care (such as physical therapy)
- Out-of-pocket medical costs, such as for prescription medicines or support devices (like a wheelchair)
- Loss of income, including income you expect to lose if you are still recovering or are permanently injured
- Pain and suffering, reflecting both emotional and physical pain
- Diminished quality of life, if you can’t enjoy activities as you did before the accident
- Costs for additional services, such as home care services
We may suggest other types of damages to pursue based on your current circumstances or your future health needs.
For a free legal consultation with a truck accidents lawyer serving Westfield, call 317-636-7777
How Are Truck Accident Damages Paid Out?
One of the top questions truck accident victims have following their collisions is how much they could be awarded if they chose to move forward with their case. After all, after everything you’ve been through, you want to be sure that your efforts are going to pay off.
Unfortunately, the process for recovering compensation following a truck accident is often more complicated than you might think. There are multiple ways in which you can recover the compensation you deserve.
These include filing a claim with the insurance company and bringing your case to court. Here is more about how truck accident damages are paid out in each of these scenarios:
Insurance Settlements
After a truck accident, one of the most common ways to recover compensation is by filing a claim with the insurance company. The liable party is more than likely represented by some type of insurance provider.
However, filing a claim with the insurance company is just the first step. This is because insurance settlements are rarely enough to meet injury victims’ needs. You have the right to be compensated for every way your life has been affected by your injuries.
Lawsuits
Your lawyer can engage in settlement negotiations with the insurer if necessary. If a fair settlement is unattainable, your lawyer can litigate your case and fight for the compensation you deserve in court.
Westfield Truck Accident Lawyer Near Me 317-636-7777
Establishing Liability in Westfield Truck Accident Claims
Proving fault is going to be one of your truck accident lawyer’s most important responsibilities. This is because liability must be proven based on a preponderance of the evidence for you to recover your damages. There are multiple parties who could share fault for your truck accident, depending on the details of your case.
For example, if your collision was caused by negligent driving, the negligent truck driver, other negligent drivers, the trucking company, dram shops, and other parties could share fault. If your truck accident was caused by defective truck parts, the truck dealership, the owner of the truck, the trucking company, truck parts manufacturers and distributors, and other parties could be at fault for your injuries.
These are just a few examples of individuals and entities who could be responsible for your damages. Your lawyer will need to conduct an in-depth investigation into the cause of your truck accident to reveal the truth.
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What Happens If You Are Partially At-Fault for the Accident?
If you were hesitant to call an attorney for help because you believe sharing fault for the accident will prohibit you from recovering damages, you can rest easier. Indiana operates under a modified comparative negligence system. This means when you are partially at fault for the accident, you can still recover compensation for your damages. However, once your portion of liability exceeds 50%, you no longer have the right to recover compensation for your damages.
Further, your injury settlement will be affected if you share fault for your injuries. For example, if you were not wearing your seatbelt when you were struck by a drowsy truck driver, the judge may find you 20% responsible for your injuries. If this happens, your injury settlement would be reduced by 20%, leaving you with just 80% of your original injury settlement.
If you hope to avoid shared liability negatively impacting your case, be sure to get our attorney on your side who will ensure liability is evaluated fairly in your Westfield truck accident claim.
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Our Lawyers Know How to Handle Injury Cases Like Yours
At Sevenish Law Firm, P.C., we only represent clients in personal injury cases. Our Westfield truck accident lawyer knows how to handle cases like yours, so we can anticipate the kind of arguments the opposing party or parties might make to absolve them of accountability.
We aim to work hard so that your case presents evidence of the injuries and damages you experienced because of another’s negligence. To help you build your case, we will:
- Review your case for free and identify potentially liable parties
- Investigate the truck accident for details of fault in the official crash report
- Collect evidence from other sources, such as eyewitnesses, expert witnesses, and surveillance footage
- Communicate with insurance adjusters, attorneys, and other involved parties on your behalf so that you do not risk making statements that can be used against you
- Monitor your case and file paperwork when necessary
- Meet with insurance adjusters or lawyers to negotiate a potential settlement
- Advise you on legal decisions you must make, such as whether you should accept a settlement offer
- Represent you in trial if you decide to file a lawsuit
While some people choose to represent themselves in their cases, we do not recommend this, as personal injury law can get nuanced, and you might not be prepared for some of the common challenges of these types of cases.
Work with a law firm that understands the needs of their clients. We help people like you stand up against trucking companies and other liable parties.
The Deadline to File a Truck Accident Lawsuit
Many people pursue compensation through an insurance claim, as it can be a faster method than going through the court system. However, you could face challenges in receiving fair compensation through a claim, as the liable party’s insurance provider may refuse to offer you a just settlement.
If the insurance adjuster does not agree to your compensation demands, the negotiation stage can take longer than anticipated and even come to a halt altogether. If this happens, we can move your case forward by filing a personal injury lawsuit, though we’ll need to do so before a certain deadline.
In Indiana, IC § 34-11-2-4 generally gives you two years from the accident date to file your case. So, if our legal team is negotiating with the insurance company representatives and we begin to suspect we won’t be able to reach a settlement with them, we may suggest filing a lawsuit before it is too late. Other reasons why you might want to consider filing a lawsuit include:
- If you miss the filing deadline, you will not be able to compel a liable party to pay compensation.
- You may be able to pursue additional damages beyond what you could recover through an insurance claim.
Other factors might affect your case’s deadline and shorten it, such as if your case involves a government entity or a minor.
Call Sevenish Law Firm, P.C. to Work With Our Westfield Truck Accident Attorney
The team at Sevenish Law Firm, P.C. is prepared to take on your truck accident case and help you demand compensation from the liable party or parties who caused your injuries. While truck accident cases can get complicated, part of the benefit of working with our law firm is that we can manage your case for you and work out the complexities of your case.
You don’t have to risk trying to represent yourself. Trucking companies often hire robust legal teams to protect them in situations like yours, but that does not mean they cannot be held accountable. With our legal team, we can prepare your Hamilton County case and argue on your behalf. We will act as your advocate and fight for the compensation you deserve. Call Sevenish Law Firm, P.C. at (317) 636-7777 for a free consultation.
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