What to Do After an Injury in Indiana

Suffering a personal injury can be a traumatic and overwhelming experience. After an accident, taking certain steps to protect your health, well-being, and legal rights is essential. If you’ve been injured in Indiana, here are the crucial steps to take:

• Get Medical Attention: Prioritize your health and safety by seeking immediate medical attention, even for minor injuries. Timely medical care ensures you receive the necessary treatment and establishes documentation vital for your personal injury claim.
• Report the Incident: In cases where the injury occurs in a public space, on another person’s property, or due to a motor vehicle accident, report the incident to the relevant authorities. This may involve contacting law enforcement, filing an incident report with property owners, or notifying your insurance company.
• Document the Scene: If possible, gather evidence at the accident site. Take photographs or videos of visible injuries, property damage, hazardous conditions, or contributing factors like weather conditions or road hazards. Obtain contact information from witnesses who saw the accident.
• Preserve Evidence: Protect any physical evidence related to the accident, such as damaged clothing, vehicle parts, or medical records. Retain copies of documents associated with your injury, including medical bills, doctor’s notes, and communications with insurance companies.
• Notify Your Insurance Company: In cases involving automobile accidents, promptly inform your insurance company. Provide factual details about the accident but refrain from admitting fault or making speculative statements. Exercise caution when communicating with insurance adjusters and consider seeking legal advice before providing recorded statements.
• Consult with a Personal Injury Attorney: Seeking the guidance of an experienced attorney soon after the accident. A knowledgeable lawyer can assess the strength of your case, clarify your legal rights, and navigate you through the claims process. They can manage communications with insurance companies, negotiate on your behalf, and pursue fair compensation for your losses and injuries.

Proving Negligence to Support Your Case

Negligence is a legal principle of failure to exercise reasonable care, leading to harm to another person. To establish negligence, it is important to prove that . . .

• The other party had a duty to exercise reasonable care.
• They breached that duty.
• The breach directly caused your injuries.

When you’ve been injured due to someone else’s fault, you may have the right to seek compensation for lost wages, medical expenses, pain and suffering, and other losses. However, pursuing a personal injury claim is a complex and challenging process, and insurance companies may attempt to offer a minimal settlement to avoid larger payouts.

Compensation You Might Be Entitled To in a Personal Injury Lawsuit in Indiana

If you’ve been injured in an accident in Indiana due to someone else’s negligence, you may be entitled to different types of compensation to help you recover physically, emotionally, and financially. Here are some of the types of compensation you might pursue:

• Medical Expenses: This includes compensation for all medical bills related to your injury, including emergency room visits, surgeries, doctor’s appointments, prescription medications, rehabilitation, and future medical care.
• Lost Wages: If your injury has caused you to miss work, you may be entitled to compensation for lost wages. This can include past and future lost income and any reduction in earning capacity due to your injury.
• Loss of Consortium: Damages for the harm done to an intimate relationship.
• Pain and Suffering: Damages for the emotional distress caused by the accident and resulting injuries. This may include pain, anxiety, depression, and other emotional suffering.
• Property Damage: Reimbursement for damage to your personal property, such as your vehicle in a car accident case.

Common Defense Strategies

Parties involved in a lawsuit and their insurance providers will employ various tactics to minimize the payout for damages. Even if fault cannot be avoided, they will endeavor to reduce the merit of your claim. Our experienced personal injury lawyers have decades of experience dealing with these tactics and are not deterred by them.

1. Shifting Blame to the Victim

Insurance companies often attempt to alter the narrative to blame the victim, aiming to undermine the validity of the claim. In Indiana, if a victim is found to be 51% or more at fault, they cannot claim damages. Insurance companies may distort the victim’s statements to suggest their involvement in the accident.

2. Complete Denial of the Claim

Upon filing a claim, insurance companies may search for reasons to deny it. Tactics such as failure to pay premiums or withholding information might be employed to justify a denial of payout.

3. Responding with Quick Low Offers

Insurance companies frequently make lowball offers in personal injury cases. Victims may succumb to this tactic if they lack representation from an experienced lawyer who understands that these offers aim to resolve the claim hastily before the full extent of damages is determined.

4. Discounting Injuries with Expert Witnesses

Insurance companies may hire doctors as expert witnesses to argue that the victim’s injury stems from a pre-existing condition or is unrelated to the case. This tactic is commonly used to pressure victims without legal representation.

5. Using Discounted Rates to Justify a Lower Payout

Rather than considering the actual cost of treatments, defendants may claim that damages are only valued at the percentage covered by the victim’s insurance company. Despite the victim’s responsible behavior in having and paying for medical insurance, defendants may seek to penalize them using this rationale.

Why Choose Stephenson Rife?

Dealing with the aftermath of a severe personal injury can be daunting. Therefore, it is crucial to find an attorney you trust who has the experience and resources to take on insurance companies and their legal teams. Here are several reasons why we believe Stephenson Rife is your best choice:

• Documented Proficiency: Serving the Indianapolis community since 1976, we bring extensive experience to the table. Our team is well-equipped, with Mike Stephenson boasting 40 years of injury-handling expertise and Brady Rife successfully leading both jury and bench trials in serious personal injury cases.
• Demonstrable Results: Our track record includes securing substantial settlements and garnering satisfaction from numerous clients. Testimonials and case details from these individuals highlight our commitment to delivering favorable outcomes.
• Recognized Excellence: Attorneys Mike Stephenson and Brady Rife have earned distinctions as Indiana Super Lawyers and received prestigious legal awards, attesting to our standing and proficiency in the field.
• Comprehensive Legal Support: We handle all legal documentation and court appearances as Indiana law mandates, reducing the burden on our clients.
• Skilled Negotiators: Dealing directly with insurance companies and engaging in negotiations are integral to our service, sparing you from these complexities.
• Consulted by Peers: Recognized for our expertise, we are the go-to law firm for consultations with other legal practices.
• Free Initial Consultations: To facilitate your journey, we offer free initial consultations, allowing you to start the process without financial commitments.
• Cost-Effective Legal Services: We prioritize cost-effectiveness, ensuring our legal services remain accessible. You only pay us if we secure a victory for you, ensuring a fair and risk-free arrangement.

Our attorneys at Stephenson Rife will help you gather all the documentation needed to help you fight your personal injury case.

How Long Will My Personal Injury Case Take?

The duration of personal injury cases varies, and pinpointing an exact time frame is difficult due to the distinct stages involved in any injury case.

To gauge the potential time frame, we must consider factors such as your lost income, medical expenses, and the extent of pain and suffering resulting from the incident. Assessing these elements is essential for determining the case’s value and estimating how long it might take to reach a settlement or receive a verdict.

What Is the Time Limit to File a Personal Injury Lawsuit in Indiana?

Under Indiana law, there is a specific time frame in which you must initiate your personal injury claim. This deadline, referred to as the statute of limitations, is two years from the date of the accident. This two-year limit applies to both claims involving physical injury and those concerning property damage. Typically, if you attempt to file your claim after this two-year period has elapsed, there is a high probability that your case will be dismissed.

Contact Our Personal Injury Attorneys Today

If you or a loved one has been injured in Indianapolis due to someone else’s negligence, don’t wait to seek legal representation. Contact Stephenson Rife today to schedule a free consultation with one of our experienced attorneys. We are here to fight for you and help you get your life back on track. Contact us at (317) 754-7649 for a free consultation.