FIGHTING FOR YOU WHEN THE STAKES ARE HIGHEST
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 seek help from your insurance company. Many people struggle to overcome the situation without an Indianapolis car accident attorney on their side.
At Wagner Reese, our car accident lawyers are dedicated to providing vigorous and swift legal representation to car accident victims in Indianapolis and the surrounding regions. An Indianapolis car accident lawyer can make a difference in your pursuit of justice as they can help you gather evidence like medical and police reports, prepare expert 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 they will affect them in the long term — both physically and mentally.
At Wagner Reese, our car accident attorneys understand what car accident victims go through during these troubling times and provide compassionate support and zealous advocacy for them and their families.
Since our inception in 1997, our legal team has been honored to make a difference in the lives of many car accident victims, recovering millions of dollars on their behalf. Because of our hard work and dedication, we have been honored by various renowned organizations such as Super Lawyers®, The Best Lawyers in America©, the Multi-Million Dollar Advocates Forum, and U.S. News & World Report.
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Liability for an Indianapolis Car Accident
Determining the liable party is vital to your claim when you are injured in an Indianapolis car accident. 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. So, talk with your attorney about who may be at fault for your injuries. Because fault may 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.
However, your insurance adjuster may be unwilling to compensate you fairly if you cannot prove negligence. Fortunately, our legal professionals are here to help you by finding the evidence you need to prove that the other driver was acting recklessly and you were injured in the process.
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. In these cases, they may need to sue the company that hired the driver.
A prompt investigation from your lawyer may prove that a truck driver or delivery person was responsible for your accident. They can then help you identify the company to sue, gather evidence, and get compensated fairly 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. However, that does not 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 that 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, leaving you seriously injured.
Is Indiana a No-Fault State for Car Accidents?
In some states, car accidents are entirely covered by your insurance company. In no-fault states, each driver’s insurance company pays for the costs of any damages caused by the car accident.
Indiana is not a no-fault state. In a fault state like Indiana, you may be compensated through the other driver’s insurance company. 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 any 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 lawyer can ensure that you are getting the maximum compensation due for your accident.
What Is the Statute of Limitations on a Car Accident in Indiana?
Personal injury claims following a car crash are on a time limit that can impact your Indianapolis car accident case. In Indiana, you only have two years to file your lawsuit. If you do not act in time, 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 your area. Because it could be so difficult, having Indianapolis car accident attorneys on your side is often vital to overcoming your injuries.
What Kind of Compensation Can I Receive?
Car accidents can be expensive, and you may have suffered a lot of 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 a 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 agree with the insurance company it is worth or the amount of a cash award by a jury following a trial. At Wagner Reese, our car accident attorneys examine all of the conditions surrounding your case in order to arrive at a figure that we believe the insurance company should pay for your injuries. Generally, the dollar value is dependent upon:
- How strong liability is in your case
- The nature and extent of your injuries
Other factors influencing the value of your case are the amount of medical bills, 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 get you 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 the car accident is a theory that has been going around for some time. However, it’s not that simple; compensation will be determined by taking several factors into account.
Some of those factors can include, but are also not limited to:
- Lost wages or loss of earning capacity
- Medical bills related to injuries sustained in a 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 you have to miss a lot of work. Consult an Indianapolis car accident attorney 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, it is possible that the maximum amount available through a policy will 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 best way to ensure you receive maximum compensation is to hire an experienced car accident attorney to review your case.
If the Accident Was My Fault, Can I Still Recover Compensation?
Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your percentage of fault is found to be over a certain level, it is more difficult to recover compensation. A car accident attorney in your state can advise you on the rules in your area.
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, for example, the business may be liable under Indianapolis’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.
If the Accident Was My Fault, Can I Still Recover Compensation?
Some states have no-fault insurance laws. This means that you may be able to make some recovery of economic damages from your own insurance company. In other states, if your percentage of fault is found to be over a certain level, it is more difficult to recover compensation. A car accident attorney from your state can advise you on the rules in your area.
What Am I Entitled to Recover After an Accident?
You may be entitled to a number of different types of damages under Indianapolis law. Some of the more common types of damages in 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 experienced 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. Check with our office. We can look at your auto insurance policy and advise you whether there is coverage for your property damages and medical bills. Optional coverage for medical payments and uninsured motorist coverage, for example, may provide coverage to compensate you if you are involved in a motor vehicle accident with someone who has no insurance.
Uninsured motorist (UM) or underinsured motorist (UIM) coverage is an optional coverage you may have under your auto policy which 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 in a negligent driver’s insurance policy limits and the damages you suffered from your injuries. This is important because the emergency room bill alone could easily be many times higher than the $25,000 minimum liability coverage Indianapolis drivers are required to carry. At the end of the day, it could make the difference in keeping your family afloat while you’re recovering.
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 to this question truly depends on you and if you are willing to fight for what you deserve. If you are looking for a quick and easy settlement, you will be happy to know that insurance companies will toss out low-ball offers almost immediately following an accident in the hope of settling quickly and with the lowest payout possible.
But, if you want to recover the maximum amount of 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 injuries sustained in the car accident and how long the healing process is for those seeking compensation.
As car accident attorneys 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
Car accident claims can be expensive, and getting proper compensation for Indianapolis car accident cases can be tough. You need economic damages covered, including any financial losses from the accident.
Below are just a few of the economic damages your car accident lawyer can help you seek out when you need proper compensation:
- Medical bills or medical expenses
- Lost wages or lost income
- Property damage
- Travel costs
- 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 have also caused non-economic damages beyond the coverage insurance adjusters often 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’ve experienced because of those injuries? Unfortunately, these injuries can be challenging to calculate because they do not have a specific dollar value.
Because of this, you may need to seek out an Indianapolis personal injury lawyer to determine the value of your non-economic damages. For example, you may be due more for your economic damages if you are disfigured in the accident. This is the case for actors and models specifically, 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 get 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 car accident lawyers may help you seek punitive damages, which do not offer you compensation for a specific injury, but instead are meant to punish the wrongdoer.
However, these damages are not offered in every case. You and your attorney must prove to the judge that you are due these damages. Reach out for help getting compensated for all the damages you are due.
PROPERTY DAMAGE CLAIMS VS. PERSONAL INJURY CLAIMS
Indianapolis law requires drivers to carry a minimum of $25,000 per person and $50,000 per accident in personal injury coverage, and a minimum of $10,000 in property damage coverage. Just as there are separate claim allowances, these claims are also handled separately and paid out separately by the insurance company after an accident.
A majority of the settlement will come out of the personal injury coverage; however, any property damage claims are paid out of the required minimum $10,000 in property damage coverage. Typically, it is best 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. Also, future resale of the vehicle is typically affected, and the title must be sent to the DMV 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 towards 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. The amount determined is the difference in the values of 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 best option.
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 negligence 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 get you the compensation you are due.
Personalized Responses
Many larger law firms delegate clients to assistants, paralegals, and other staff members, rather than the client speaking 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 attorney 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 have to pay out of your own pocket for your car accident claim expenses.
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Connect with Indianapolis Car Accident Attorneys Like Ours
When you are involved in a car accident, overcoming the suffering you’ve experienced can be challenging. You may have trouble getting your life back on track, whether it is severe 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 lawyers offer the top-tier service you need on your side before you ever set foot in court.
With over 150 years of combined experience under our belt, we know how to overcome the challenges surrounding car accident claims and pursuing just 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 rewards on behalf of our clients.
Contact Wagner Reese, LLP, today at 888-204-8440 or complete our online form for a free consultation on your case and speak with an Indianapolis car accident lawyer. Let us be your trusted legal allies in obtaining justice, fair compensation, and peace of mind.
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