Key Things You Need to Know About Indiana Personal Injury Cases
Personal injury cases in Indiana can be complex, involving strict filing deadlines, distinct legal procedures, and negotiation challenges posed by insurers. There is a lot you need to know to make your case stronger.
The good news is that you do not need to go through your claim alone. Personal injury attorneys are trained to advocate for your rights and obtain fair compensation for you.
Even with an attorney, though, you still need to know some things about personal injury cases, including the following.
There are Many Types of Personal Injury Claims
Indiana sees a wide range of personal injury claims. Car accidents are among the most common, with thousands of incidents reported annually.
Slip and falls are another common claim, typically occurring on properties where the owners failed to ensure safe conditions. These suits tend to stem from premises liability laws.
Other issues that are commonly brought forward include medical malpractice, dog attacks, workplace accidents, wrongful deaths, and product liability claims. If you’re unsure whether your situation qualifies as a personal injury claim, it’s best to consult an attorney.
Negligence Is the Culprit for the Majority of Cases
Most personal injuries cases arise from another’s negligence. For instance, in a car accident, a motorist could have been ignoring traffic rules and which resulted in injuring other individuals.
“In order to prove negligence, you must demonstrate four key elements: that there was a duty of care, that the defendant breached this duty, that the breach caused the harm, and that real damage occurred. Successful proof of such elements can be used to strengthen your case,“ says David Holub, an Indiana-based personal injury attorney.
Evidence is always necessary in establishing fault. You might be asked to provide police reports, expert testimonies, eyewitness accounts, or medical records to establish your case.
Most Claims Settle Out of Court
Numerous claims in Indiana resolve through out-of-court settlements. People often choose this route due to fear of trials and expenses and, therefore, settle quickly.
An out-of-court settlement involves rigorous negotiations between the parties, which are normally conducted by attorneys. They try to reach an agreement that compensates for damages and injuries in proportion.
If a fair settlement cannot be reached, you may have to prepare for a lawsuit. While this option may turn out to be more favorable, it takes time and patience, too.
An Attorney Can Enhance the Chances of a Favorable Outcome
Insurance companies often attempt to reduce or deny your claim to protect their bottom line. Having an experienced personal injury lawyer handle your case, therefore, can be extremely beneficial.
Your lawyer can thoroughly collect evidence piece by piece, interview witnesses, and consult specialists in a bid to build a solid case. Using the negotiation prowess they have honed, they could have the best shot at a fair settlement.
During scenarios that call for litigation, attorneys can help with documents, working according to the timeline of court hearings, and protecting your interest in court proceedings. You have time to heal while they manage the complexities which could bar the best possible results through their technical skills.
Personal Injury Lawyers Work on a Contingency Basis
Do not hesitate to contact a personal injury lawyer even if it seems out of your budget. Most Indiana attorneys work on a contingency basis, meaning they only get paid if they win the case. This fee usually ranges between 33 to 40 percent of the settlement or award. However, for medical malpractice settlements, state laws cap contingency fees at 32 percent.
Remember, there could be a few extra costs still involved during the process. Filing charges, expert witness charges, and administration charges also apply.
Conclusion
Armed with the right knowledge, you can confidently tackle personal injury claims in Indiana. So, sharpen your expertise in state legislation, filing processes, and techniques insurers employ in denying claims.
Above all, remember that the professional opinion of an experienced attorney can be your best friend. You can rely on their knowledge to guide you through the process and ensure the protection of your rights.
