Our Indianapolis Pedestrian Injury Attorneys’ Approach

When you retain Stephenson Rife’s pedestrian injury lawyers in Shelbyville, Indiana, our team will get to work on your behalf immediately via the following:

• Holding an initial discussion – We will meet with you to discuss how the accident occurred, who the at-fault parties may be, whether you have a valid lawsuit, and what type of settlement to go after

• Discussing medical needs – We will encourage you to get proper medical care so that all symptoms and treatments are documented

• Conducting investigations to gather evidence – Our team can gather photographs and videos from the accident scene; police, ambulance, hospital, and medical records; and interviews with witnesses and first responders

• Consulting with accident experts – If it will aid a case, we can use testimony from accident reconstruction professionals to illustrate how the accident occurred and who was at fault

• Consulting with medical professionals – We will gather information from medical professionals and therapists as to the costs and effects of your injuries and the care you will need in the future

• Negotiating – Our Indiana pedestrian accident attorneys will negotiate with insurance companies and opposition lawyers to arrive at a fair settlement

• Preparing for trial – We will build your case, take it to court, and present it in front of a judge and jury if necessary

In short, our pedestrian injury lawyers in Indianapolis provide personalized service to fight for the justice and compensation you deserve.

Damage Our Indianapolis Pedestrian Accident Attorneys May Recover

In a successful personal injury case, our attorneys may recover compensation for your damages, meaning the injuries and financial losses that resulted from the accident. In Indiana, a damage award should cover both your economic and noneconomic damages.

Economic damages (also called “special damages”) are for your monetary losses, including:

• Medical and rehabilitation expenses
• Lost income from being unable to work now and into the future
• Property damage

Noneconomic damages (also called “general damages”) are for damages that do not have a specific dollar value but negatively impact your life, such as:

• Physical pain and suffering
• Emotional distress and mental anguish
• Loss of consortium and quality of life

Punitive damages may also be awarded in some rare cases. These are intended to punish a defendant for especially malicious or intentional actions and to deter similar conduct from happening in the future. Punitive damages are capped at three times the compensatory damage award or $50,000, whichever is greater.

Amounts of Damage Awards

There are a wide range of settlement amounts possible in a pedestrian accident case, ranging from thousands to millions of dollars. The amount you may receive depends on the individual circumstances of your case and factors such as the actual costs of your damages, the severity and permanence of the injuries, whether you did something to contribute to the accident, and whether a wrongful death was involved. The skill of your attorney in negotiating, proving negligence, and building and presenting your case is also a factor.

Indianapolis Pedestrian Accident Attorney Answers FAQs

After a serious pedestrian accident, you are bound to have many questions. Individual concerns are best addressed at your free consultation, but to get started, here are some answers to questions our attorneys are often asked:

Are There Time Limits for Filing a Pedestrian Accident Lawsuit?

Yes, Indiana has a deadline called a statute of limitations (Indiana statute §34-11-2-4) that is generally two years from the date of the accident to file a personal injury lawsuit, and two years to file a wrongful death claim from the day of the death. Most often (though with some exceptions), if you fail to file on time, the courts will refuse to hear your case.

What If I Did Something That Contributed to the Accident?

According to Indiana’s modified comparative negligence statute (Indiana Code Title 34, Section 51-2-5, et seq.), you may still collect damages if your fault is not greater than fifty percent (50%) of the total fault involved in the incident, but damages will be reduced according to the percentage of fault you bear. For example, if the damage award is $100,000, and you are found to be 25% at fault, you can still collect $75,000.

What If a Pedestrian Dies from Their Injuries?

If the pedestrian accident results in death, Indiana’s wrongful death statute (IC 34-23-1-2) allows the personal representative of the deceased to file a wrongful death suit for damages for medical, hospital, funeral, and burial expenses as well as compensation for a loss of love and companionship and lost wages. Costs of pursuing the wrongful death claim, including reasonable attorney fees, are also reimbursable.

Should I Speak to the Insurance Company?

No, it’s best to say nothing to the insurance company. Insurance companies are often concerned with their bottom line, have high-powered lawyers working for them, and use deceptive tactics such as trying to get you to accept the lowest amount possible or asking leading questions to try to get you to admit that the accident was your fault. Tell the insurance company to speak to your attorney, and let Stephenson Rife handle all communications and negotiations.

What Are the Major Causes of Pedestrian Accidents?

Driver distraction causes many motor vehicle accidents, including those with pedestrians. Texting, talking on a cell phone, taking one’s eyes off the road to attend to passengers, or referring to GPS maps can distract drivers and cause them to hit a person walking or jogging by the road. Too many drivers try to make it through a yellow light before it turns red, or even blatantly run red lights, endangering pedestrians in the crosswalk. Dangerous road conditions sometimes contribute to accidents as well.

When you have Stephenson Rife’s Indianapolis pedestrian car accident lawyers working for you, our team will be there to answer all your questions throughout the entire legal process.