If you were injured because of someone else’s carelessness, you might be eligible to receive compensation for your pain and suffering. While you may be unsure about how to take legal action after a life-altering accident, remember that you do not have to go through this alone. A Richmond personal injury lawyer can be there to fight for your case every step of the way.
Various Areas of Personal Injury Law
According to the Indiana State Department of Health (ISDH), injury is the leading cause of death for people ages 1 – 44 in Indiana. Among the most common forms of fatal injuries, unintentional poisonings, auto collisions, and unintentional falls rank highest in Indiana.
Personal injury actions take many forms, encompassing virtually every type of accident and injustice. If another party’s negligence or intentional actions caused your injuries, we can work with you in processing a claim or case. Our firm practices in many different areas of personal injury law, including:
- Motor vehicle accidents, including cars, busses, trucks, and motorcycles
- Bicycle and pedestrian accidents
- Defective products
- First responder injuries
- Injuries to children
- Dog bites and animal attacks
- Workplace accidents
- Premises liability
- Traumatic brain or spinal cord injuries
Since there are many laws that could apply to your injury, our firm stays up to date with all of them. We will assess your situation carefully and determine which statutes are applicable.
For a free legal consultation with a personal injury lawyer serving Richmond, call 317-636-7777
Your Options for Getting a Settlement for Your Richmond Injury
In general, you have two ways to seek compensation here in Richmond, file a liability claim or take your case to court.
While you could represent yourself in a personal injury case, this will likely be a very challenging task due to all the processes and rules involved. For this reason, we recommend working with a Richmond personal injury lawyer who can advise you on how to proceed. The attorney can tell you more about any local laws and state statutes that may be applicable in your case.
Pursuing a Claim Through an Insurer
Besides using your health insurance to pay for medical treatments, you can also file a claim with the other party’s insurance provider. Insurance policies like business, automobile, and homeowners’ insurance offer coverage depending on the case. It pays for the costs that victims accumulate because of accidents by the policyholder.
Personal Injury Lawsuits
Although many injury cases are settled before ever going to court, you may need to pursue a lawsuit. The other party’s insurance policy may not cover your losses fully or at all, which means you may struggle to pay your bills.
Since your injury happened here in Richmond, you can file your case with the Wayne County Courthouse. The county courthouse handles civil cases like yours. But instead of getting an offer from the insurance provider, the court will decide the amount you should recover.
Richmond Personal Injury Lawyer Near Me 317-636-7777
Recoverable Losses in Personal Injury Settlements
While you may be facing a range of physical injuries that require anything from emergency room treatment to extended hospitalization, these are not the only losses you can face. Personal injury settlements also consider the injury’s intangible costs, as your injuries may also cause trauma or emotional suffering.
When determining settlements in personal injuries cases, the court or claims adjuster can consider many types of financial and non-financial damages you suffered, including:
- Lost wages and benefits
- Diminished earning capacity
- Medical expenses
- Accommodations and treatments for permanent disabilities
- Property damage
- Mental anguish, including negative effects on mental health, future goals, and personal relationships
- And other compensatory damages
While there is no fixed formula for determining the amount of non-financial damages you could receive, the value typically depends on how severe your injury is. For instance, having permanent brain damage or an amputated limb would likely cause more pain and suffering than lacerations and bruises.
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Assigning Monetary Values to Your Losses
If you work with a personal injury lawyer, your attorney can investigate your accident and help assign values to your losses. While it may be straightforward to assign monetary values to your current medical bills and property damage, we will also work to assign values to your non-economic suffering.
Attorneys can consider many varied factors when calculating your case value, including:
- Insights into your overall psychological suffering
- Medical evidence that supports your injuries, diagnosis, and treatment history
- Proof of your lengthy recovery period
- Reason to believe you will be facing long-term disabilities
- Definitive evidence that the other party was liable for your injuries
- Difficulties you faced while recovering from your injury, such as being unable to care for your child or do household chores
Depending on the details of your case, your lawyer can begin by assigning a case value for your losses then proceed to work with an insurance company to negotiate a settlement. If your case requires going to trial, your lawyer can stand by your side during every step of the legal process.
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Contributory Fault in Personal Injury Claims
Assuming you were less than 51% responsible for your accident, you may still be eligible for compensation even if you were somewhat at fault in the incident. As detailed under Indiana Code § 34-51-2, the court or insurance company will consider every contributing factor in the accident or incident before assigning your percentage of responsibility.
If the court or claims adjuster decides you were partially liable, they can reduce your settlement based on the percentage of fault you have. For example, if you were 10 percent responsible for your accident and the court awards you $100,000 in damages, your overall settlement would be reduced accordingly. It would mean you can only recover 90 percent or $90,000.
Statute of Limitations for Richmond Personal Injury Cases
Lastly, when considering your legal options, you should know that Indiana Code § 34-11-2 dictates a two-year statute of limitations on most personal injury cases. As such, if you do not file the suit within two years of your accident, it may get dismissed. You may also lose the right to pursue further damages.
For this reason, we recommend speaking with a Richmond personal injury lawyer as soon as possible after you experience your injury. The attorney can monitor your progress and help check for tolling exceptions which could move your case’s deadline. For instance, one tolling exception would be if you file the injury case for your child. Indiana Code § 34-11-6-1 states that the statute timer would only start counting once the child turns 18 years old.
How Richmond Personal Injury Lawyers Can Fight for Your Rights
If you retain a Richmond personal injury lawyer, they can help manage your legal process for you during this distressing time, especially if you are still recovering from injuries. If you feel like your case is especially complicated, we recommend that you first speak with a lawyer to determine how best to proceed with your case.
Personal injury lawyers typically offer multiple legal services to address your specific needs, including:
- General legal counsel
- Settlement negotiations
- Gathering evidence and determining liability
- Assigning case values
- Dealing with insurance providers and examining policies
- Communicating with parties on your behalf
- Providing updates on your case
- Representing your case in court
Schedule Your Free Consultation with a Richmond Personal Injury Lawyer Today
At Sevenish Law Firm, P.C., we represent accident victims across the state of Indiana. We can advise clients about Indiana’s civil court system as well as the laws that govern these types of cases. Let us focus on the details of your case so that you can focus on the more important things in life.
With over three decades of experience, our law firm has handled personal injury settlements in Richmond and throughout Indiana. To receive your free consultation today, contact a Sevenish Law Firm, P.C. representative today. The support team is available 24/7 for your legal concerns and other inquiries.