A car accident can change your life, starting at the accident scene and moving forward. You may be seriously injured, and worse, you may be unable to get a fair response from the insurance company. Many people struggle to overcome the situation without an Indianapolis car accident lawyer on their side.
At Wagner Reese, our Indianapolis car accident lawyer team is dedicated to providing vigorous and swift legal representation to car accident victims in Indianapolis and throughout Marion County. A car accident attorney in Indianapolis can make a difference in your pursuit of justice, helping you gather evidence like medical records and police reports, prepare qualified witnesses for testimony, and represent you in court if necessary.
Car accident victims are often dissuaded from pursuing higher compensation through various legal strategies, or simply because they do not understand the true extent of their injuries and how those injuries will affect them in the long term, both physically and mentally.
At Wagner Reese, our Indianapolis car accident lawyer team understands what motor vehicle collision victims go through during these troubling times. We provide compassionate support and zealous advocacy for them and their families.
Since our inception in 1997, our personal injury practice areas team has been honored to make a difference in the lives of many Indianapolis car accident victims, recovering millions of dollars on their behalf. Because of our hard work and dedication, we have been honored by renowned organizations such as Super Lawyers®, The Best Lawyers in America©, the Multi-Million Dollar Advocates Forum, and U.S. News & World Report.
Who Is Liable for an Indianapolis Car Accident?
Liability in an Indianapolis car accident falls on the party whose negligence caused the crash. Under Indiana’s modified comparative fault rule, you can recover compensation only if you are less than 51% at fault, and your award is reduced by your percentage of fault. Identifying the liable party is the first step toward a successful claim.
Determining the liable party is vital to your Indianapolis car accident claim. If you do not know who is at fault for your injuries, you may be unable to sue or file a claim against the responsible entity. Talk with your car accident attorney about who may be at fault. Because fault can be complex, you may need your attorney to pinpoint the at-fault party and guide you through the lawsuit.
Dangerous Drivers
You may have grounds to seek compensation when you have suffered a personal injury because of a negligent driver. For example, you may have needed medical attention because a drunk driver struck you. Reckless driving and drunk driving can lead to devastating consequences in Indianapolis.
However, your insurance adjuster may be unwilling to compensate you fairly if you cannot prove negligence. Fortunately, our legal professionals are here to help by finding the evidence you need to prove the other driver was acting recklessly and that you were injured as a result.
Drivers On the Job
Many drivers have suffered a serious injury in a car collision, only to find that the other driver was on the job when the accident happened. Fortunately, accident victims involved in automobile crashes may still collect compensation for their medical costs and other losses even if they cannot sue the at-fault driver directly. In these cases, they may need to sue the company that hired the driver.
A prompt investigation from your Indianapolis car accident lawyer may prove that a truck driver or delivery person was responsible for your accident. Your attorney can then help you identify the company to sue, gather evidence, and pursue fair compensation as soon as possible.
What to Do in Single-Car Accidents
You may need financial compensation to overcome your external and internal injuries, but there may have been no other driver involved in your auto accident. That does not necessarily mean you are at fault for the accident.
Sometimes you may need to gather evidence that a third party caused your accident through other means. For example, your brakes may have failed because of a manufacturing defect the manufacturer should have known about. In other cases, your car, bicycle, or motorcycle may have hit a pothole that caused you to lose control and crash. When this happens, you may have grounds to sue the third party that caused your accident.
Is Indiana a No-Fault State for Car Accidents?
No, Indiana is not a no-fault state. Indiana follows a fault-based system, meaning the driver who caused the crash is financially responsible for the resulting injuries and property damage. In a fault state like Indiana, you may be compensated through the other driver’s insurance company after an Indianapolis car accident.
If the at-fault driver does not have insurance, your uninsured motorist coverage may cover some of the costs, but it may not fully compensate you for serious injuries.
Because of this, drivers in fault states like Indiana need to be aware of their options to sue. While you may be able to get a settlement offer from the at-fault driver’s insurer, your Indianapolis car accident lawyer can work to secure the maximum compensation due for your accident.
What Is the Statute of Limitations on a Car Accident in Indiana?
In Indiana, the statute of limitations for a car accident personal injury claim is two years from the date of the crash. If you do not file your lawsuit within that window, your claim may be dismissed, leaving you without compensation.
That is a short time to overcome your injuries, gather evidence like medical records, and file your claim with the court system in Marion County. Because the process can be difficult, having an Indianapolis car accident lawyer on your side is often vital to overcoming your injuries.
What Kind of Compensation Can I Receive After an Indianapolis Car Accident?
Car accidents can be expensive, and you may have suffered significant damage. Unfortunately, getting fair compensation for your physical injuries, especially severe ones like traumatic brain injuries, can be difficult. Even your health insurance may not be enough to cover all the expenses and emotional suffering.
After a car accident, you may need to speak with an Indianapolis car accident lawyer to determine exactly what your claim is worth. Be sure that you seek the full compensation you are due for all damages you have suffered, both compensatory and punitive.
How Much Money Is My Car Accident Case Worth?
Your case is worth either what you and the insurance company agree it is worth, or the amount of a cash award by a jury following a trial. At Wagner Reese, our Indianapolis car accident lawyer team examines all of the conditions surrounding your case to arrive at a figure we believe the insurance company should pay for your injuries. Generally, the dollar value depends upon:
- How strong the evidence is in your case
- The nature and extent of your injuries
Other factors influencing the value of your case include the amount of medical bills, the length of treatment, the frequency of treatment, future medical bills, permanent disabilities, and whether you had any pre-existing medical conditions similar to your current injury. We study every detail so that we can pursue the money you deserve for your injuries.
Will I Receive Three Times My Medical Bills?
The idea that someone will receive three times the cost of medical bills related to a car accident is a theory that has been going around for some time. However, it’s not that simple; compensation in an Indianapolis car accident claim is determined by taking several factors into account.
Some of those factors include, but are not limited to:
- Lost wages or loss of earning capacity
- Medical bills related to injuries sustained in the car accident
- Future medical bills and ongoing medical expenses
- Pain, suffering, disfigurement, and disability
What If the Insurance Company Offers Me a Check Right Away?
Before you accept anything — or sign anything — from an insurance company, be sure that you are aware of your legal rights and options. Accepting a check may mean that you are giving up your right to sue later on if you need extra medical care or have to miss a lot of work. Consult an Indianapolis car accident lawyer before you try to negotiate.
How Do Policy Limits Affect My Compensation?
People who are seriously injured in car accidents may require long-term or lifetime care. In these types of cases, the maximum amount available through a single policy may be less than the total expenses. However, it is also possible that multiple policies exist, and other avenues to recover compensation can be pursued. The most effective way to pursue maximum compensation is to hire a knowledgeable Indianapolis car accident lawyer to review your case.
If the Accident Was My Fault, Can I Still Recover Compensation?
Indiana follows a modified comparative fault rule. You can still recover compensation after an Indianapolis car accident if you are less than 51% at fault for the crash — but your award is reduced by your percentage of fault. If you are 51% or more at fault, you cannot recover. A car accident attorney can review the facts of your case and advise you on your options.
Can Someone Other Than the At-Fault Driver Be Liable?
If you were injured in an auto accident, there may be parties other than the at-fault driver who share responsibility for what happened. If the accident occurred because the other driver was drunk and a business served alcohol to the visibly intoxicated driver before the accident, the business may be liable under Indiana’s dram shop law.
If a product defect in one of the vehicles caused or worsened the effects of the accident, the vehicle manufacturer may be responsible for the injuries that resulted. Or, a third party may have left debris in the road or caused one of the drivers involved in the accident to undertake a risky driving maneuver to avoid a collision. They may also be liable.
How Does Comparative Fault Affect My Recovery?
Under Indiana’s modified comparative fault rule, your compensation is reduced in proportion to your share of fault. If a jury finds you 20% responsible for the Indianapolis car accident and awards $100,000 in damages, you recover $80,000. If your fault exceeds 50%, you recover nothing. A car accident attorney can help document fault evidence to protect your recovery.
What Am I Entitled to Recover After an Accident?
You may be entitled to a number of different types of damages under Indiana law. Some of the more common types of damages in Indianapolis car accident cases include reasonable and necessary medical expenses, lost earnings, reduced earning capacity in the future, future medical expenses and prescriptions, pain and suffering, and permanent impairment.
What If Insurance Refuses to Pay for My Vehicle Damage?
Contact your insurance company to start the process of getting your car repaired. Let your company request compensation from the other insurance company. If you don’t have collision coverage, contact an Indianapolis car accident lawyer to help guide your next steps.
Who Will Pay My Bills If the Other Person Has No Insurance?
Even if the other driver doesn’t have insurance, you may still be covered. Contact our office. We can review your auto insurance policy and advise you whether there is coverage for your property damages and medical bills. Optional coverage such as medical payments coverage and uninsured motorist coverage may compensate you if you are involved in a motor vehicle accident with an uninsured driver.
Uninsured motorist (UM) or underinsured motorist (UIM) coverage is an optional coverage under your auto policy that protects you if the driver who caused your accident was uninsured or did not have enough insurance to pay your claim.
Underinsured motorist coverage helps make up the difference between a negligent driver’s policy limits and the damages you suffered. This is important because the emergency room bill alone could easily be many times higher than the $25,000 minimum bodily injury liability coverage Indiana drivers are required to carry. It could make the difference in keeping your family afloat while you recover from an Indianapolis car accident.
Will the Insurance Company Pay for a Rental Car?
Typically, yes. However, you usually have to make your own arrangements and provide documentation to recover compensation for the rental cost.
How Long Will My Car Accident Claim Take to Settle?
The answer depends on you and whether you are willing to fight for what you deserve. If you are looking for a quick settlement, you should know that insurance companies often toss out low-ball offers almost immediately following an Indianapolis car accident, hoping to settle quickly and with the lowest payout possible.
If you want to recover the maximum compensation available for your car accident, it will require more time to settle your claim. The primary factor impacting the length of time it takes to settle a claim is the seriousness of the injuries sustained and the length of the healing process.
As a car accident attorney in Indianapolis, we know how quickly debt can accrue after a serious wreck. However, it is important to understand that if you settle with the insurance company prior to being fully released by your medical provider, you will become financially responsible for any future medical costs. No further compensation will be granted.
Economic Damages
Indianapolis car accident claims can be expensive, and getting proper compensation can be tough. You need your economic damages covered, including any financial losses from the accident.
Below are just a few of the economic damages your Indianapolis car accident lawyer can help you seek when you need proper compensation:
- Medical bills or medical expenses
- Lost wages or lost income
- Property damage
- Future expenses related to your car accident
Non-Economic Damages
Personal injuries can include more than the financial costs of the accident. Your injury claim may also include non-economic damages beyond the coverage insurance adjusters typically offer.
Non-economic damages cover the mental and emotional suffering you experienced in the accident. For example, medical treatment for soft tissue injuries and broken bones may be included in your economic damages, but what about the pain and suffering you have experienced because of those injuries? These damages can be challenging to calculate because they do not have a specific dollar value.
Because of this, you may need an Indianapolis personal injury lawyer to determine the value of your non-economic damages. For example, you may be due more if you are disfigured in the accident. This is especially true for actors and models, while a loss of mobility may cause mental anguish in an athlete.
Contact a car accident lawyer today if you have questions about your non-economic damages. We can determine what your claim is worth and what you can do to pursue the funds you need for a full recovery.
Punitive Damages
Once you establish liability, you may find that the other party was extremely reckless or even tried to injure you deliberately. In these cases, your Indianapolis car accident lawyer team may help you seek punitive damages, which do not compensate you for a specific injury but instead punish the wrongdoer.
However, these damages are not offered in every case. You and your attorney must prove to the court that you are due these damages. Reach out for help pursuing all the damages you are due.
Property Damage Claims vs. Personal Injury Claims
Indiana law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in bodily injury coverage, and a minimum of $25,000 in property damage coverage. Just as there are separate claim allowances, these claims are handled separately and paid out separately by the insurance company after an Indianapolis car accident.
A majority of the settlement will come out of the bodily injury coverage; however, any property damage claims are paid out of the property damage coverage. Typically, it makes sense to handle property damage claims on your own. Attorney fees would absorb most of the settlement awarded in a property damage claim.
Most property damage claims are easy to file and typically offer a fixed amount. If the other insurance company denies the claim, you can request repairs through your own insurance company and let your insurance company seek retribution from the other company.
What Can I Claim in Property Compensation?
The insurance adjuster will determine the value of your vehicle prior to the accident, as well as the vehicle’s value after the accident. In most cases, you are entitled to recover the difference in value. If the insurance company decides to repair the vehicle, you can make arrangements with the auto body shop of your choice to get the vehicle fixed.
What If the Repairs Cost More Than the Vehicle Is Worth?
If estimated repairs cost more than 75% of the Kelley Blue Book value of the vehicle, it will be “totaled” by the insurance company, and they will pay you the value.
In most cases, you can still keep your car, even if it is declared to be totaled. However, the payout for the vehicle tends to be less. Future resale of the vehicle is typically affected, and the title must be sent to the Indiana BMV for proper notation of salvage.
If you owe more than the car is worth, contact your lender to discuss alternate forms of collateral. Once an agreement is reached, you can use the insurance money toward the purchase of a replacement and use the new vehicle as security in the loan.
Can I Get Additional Compensation for Extras on the Car?
You can be compensated for new stereos and other non-stock items installed on your vehicle. The amount is determined by the difference in value between the non-stock and stock items.
Why Choose Wagner Reese?
Indianapolis car accidents can be devastating, which is why you may need an Indiana auto accident lawyer on your side. However, there are many car accident attorneys in Indianapolis, so how do you know which law firm is right for you?
When filing a personal injury claim, you need the proper legal services available to you throughout your case. Here is why Wagner Reese may be your option for an Indianapolis car accident lawyer.
Multi-Million Dollar Track Record
When you are injured in a car accident or other vehicle accident, you want a fair settlement that meets all your needs following the accident. Unfortunately, the at-fault party may not be willing to settle fairly with you. State laws, such as modified comparative fault, can also impact whether you get a fair value for your claim.
Our firm has won many multi-million-dollar settlements for our clients. While we cannot guarantee a high settlement in every case, you can rest assured that we have a track record of success and will do everything in our power to pursue the compensation you are due.
Personalized Responses
Many larger law firms delegate clients to assistants, paralegals, and other staff members rather than having the client speak directly to an attorney. Often, this leaves clients feeling less important.
When you seek out the services of Wagner Reese, you can expect to speak with your Indianapolis car accident lawyer whenever you pick up the phone and call us.
You Only Pay If We Win
Our attorneys work on a contingency fee basis. That means our pay is based on a percentage of your compensation, so you never pay out of pocket for your legal fees. We will agree on a percentage before you sign anything and before we begin working on your case.
Most importantly, you do not have to pay anything if we are unsuccessful. We are devoted to ensuring you do not pay out of your own pocket for your Indianapolis car accident claim expenses.
Connect With an Indianapolis Car Accident Lawyer Today
When you are involved in a car accident, overcoming the suffering you have experienced can be challenging. You may have trouble getting your life back on track, whether it is serious injuries, costly bills, or an at-fault party unwilling to pay for the damages they caused.
At Wagner Reese, we know it can be tough to fight back alone, so we are here to help. Our Indianapolis car accident lawyer team offers the service you need on your side before you ever set foot in court.
With over 150 years of combined legal knowledge under our belt, we know how to overcome the challenges surrounding car accident claims and pursue fair compensation. Such personal injury cases often result in significant compensation, so don’t risk leaving anything on the table by representing yourself in the process.
We know that insurance firms might try to undermine or minimize your settlement offer, but we have the necessary resources to combat such actions. Our proven record of winning results speaks for itself, as we have recovered numerous multi-million-dollar awards on behalf of our clients.
Contact Wagner Reese today at 888-204-8440 or complete our online form for a free consultation on your case and to speak with an Indianapolis car accident lawyer. Let us be your trusted legal allies in obtaining justice, fair compensation, and peace of mind.
