The compensation for injuries sustained in an Indiana motor vehicle accident depends on many factors, including the severity of the injuries, who is at fault, the available insurance coverage, and other circumstances, such as whether the at-fault driver was intoxicated.
An experienced Indiana car accident lawyer can review your car crash and discuss your right to seek compensation for an Indiana motor vehicle accident. Our legal team understands the steps necessary to give injury victims the best chance of obtaining full and fair compensation. If you have sustained a serious injury in an auto accident due to another driver’s negligence, you need an experienced attorney to guide you through the claims process.
What Types of Compensation Could Be Available in an Indiana Car Accident Claim?
The compensation you may seek in an Indiana car accident claim includes both economic and non-economic damages. Economic damages refer to financial compensation for losses with a determinable monetary value.
The most common economic losses that car accident victims claim in Indiana include:
- Medical Expenses: These include your past and future surgeries, hospital bills, doctor visits, medications, physical therapy, medical devices, and other medical care.
- Lost Income: This is the income that you lost while out of work and recovering from your injuries.
- Lost Future Income: If your injuries leave you unable to return to work, or limit the type of work you can do, you may seek compensation for the anticipated loss of future earnings.
- Property Damage: This includes the cost of replacing or repairing your lost or damaged property, including your vehicle.
Non-economic damages are compensation for losses that are harder to quantify, such as the following:
- Pain and Suffering: This includes emotional distress and physical pain you experience because of your car accident injuries and how the pain impacts your daily life.
- Loss of Consortium: This is the impact your injuries have on your marriage, and it is typically sought by and paid to your spouse.
How Could the Compensation Be Affected if The At-Fault Driver Was Drunk or Left the Accident?
If the at-fault driver flees the scene after an accident and cannot be identified, it could require you to file an uninsured motorist claim with your own insurance provider. Unidentified hit-and-run drivers are treated the same as uninsured drivers for insurance claims.
However, if the driver is identified after fleeing the scene, or if the driver engaged in reckless driving behavior, such as driving while intoxicated, you may have a right to seek punitive damages in a car accident lawsuit.
Unlike compensatory damages that compensate you for the losses you suffered due to the accident, punitive damages punish the defendant for particularly egregious behavior, such as drunk driving. Under Indiana law, punitive damages can be up to three times the amount of compensatory damages, or $50,000, whichever is greater.
What If the At-Fault Driver Does Not Have Insurance or Enough Insurance?
If the at-fault driver doesn’t have auto insurance, you may file an uninsured motorist claim against your own uninsured motorist policy. While Indiana doesn’t require drivers to have uninsured motorist coverage, it does require insurance companies to offer uninsured motorist protection. You should have this type of policy unless you expressly declined to purchase uninsured motorist coverage.
If the at-fault driver has insufficient car insurance to cover your losses, you can file an underinsured motorist claim with your insurance provider. Like uninsured motorist coverage, underinsured motorist coverage isn’t required, but insurance providers are required to offer it when selling auto insurance. The coverage provides additional compensation if the at-fault party’s liability coverage isn’t enough to cover your medical bills, lost wages, and some other accident-related losses.
What Steps Should You Take If You Are Involved in a Car Accident in Indiana?
If you were involved in a car accident in Indiana, you should:
- Report the accident to the police and get a copy of the official police report identifying the parties involved. Notify your insurance provider of the collision.
- Seek medical attention and keep follow-up medical appointments until your doctor discharges you from medical treatment.
- Document your injuries by photographing them and keeping a detailed pain journal.
- Consult an experienced car accident lawyer about your case and allow them to handle it on your behalf.
- Keep all medical bills and other expenses related to the accident so your lawyer can use them when calculating your losses.
- Refer the at-fault party’s insurance provider to your personal injury lawyer if the insurer contacts you.
Is There a Time Limit for Filing a Car Accident Claim in Indiana?
Under Indiana’s statute of limitations for personal injury cases, car accident victims have two years to file lawsuits against the parties responsible for their injuries. Failing to take legal action within the two-year deadline may result in the courts dismissing the car accident claim.
To make sure you don’t miss the filing deadline for a personal injury lawsuit, it’s best to hire an experienced car accident attorney who has handled many serious car accidents. Your lawyer will submit a demand letter to the other driver’s insurance company, try to negotiate a fair settlement, and be ready to file a car accident lawsuit if the insurer refuses to agree to a fair settlement. Our attorneys are skilled negotiators and are successful in settling most car accident cases without the need for trial.
How Can an Indiana Car Accident Lawyer Help Me with My Car Accident Case?
An Indiana car accident lawyer can help you with your case in several key ways, including:
- Helping you understand your legal rights and the fair value of your case
- Investigating the accident to identify all of the at-fault parties and gathering evidence needed to hold those at fault financially liable for your injuries
- Calculating your losses, including your future medical costs
- Filing your insurance claims and negotiating with the insurance companies for maximum compensation
- Filing a personal injury claim and taking your case to court if the insurance company refuses to agree to a fair settlement.
Contact an Indiana Car Accident Lawyer
Truitt Law Offices has over 40 years of experience and a track record of obtaining maximum results for accident victims. Our sole focus is on personal injury cases, and we are well-versed in Indiana law. We utilize our insider knowledge of insurance company defense tactics to the advantage of our clients, who are individuals who have been injured.
When you need a personal injury lawyer who truly cares, choose one with over 100 five-star reviews on Google. A Fort Wayne car accident lawyer at Truitt Law Offices is ready to assist you. Contact our law firm for a free consultation about your Indiana motor vehicle accident case.
