Throughout your case, we will keep you updated, return your calls and address any questions you have. We will gear all of our efforts towards seeking a maximum recovery for you by taking steps such as:
Determining the cause of Indiana accidents – We work with skilled investigators and knowledgeable experts in accident reconstruction, workplace safety, engineering and many other fields.
Identifying all parties who should be held liable – We often discover through the course of an investigation that multiple parties may be responsible for the harm a victim suffers such as an employer or a bar or restaurant who served a drunk driver.
Calculating damages in accident claims – We will review your medical, work and other records to determine the losses you have already incurred and will incur in the future due to your accident-related injuries.
Exploring all available sources of compensation for accident victims – We will seek the maximum amount that is available through insurance coverage and, if necessary, we can turn to the personal assets of the at-fault party or parties.
Resolving any medical or other liens on your accident settlement – As we negotiate a settlement amount for you, we will factor in the amount that may go towards paying a medical, workers’ compensation or other third-party lien on your recovery.
Truitt Law Offices will charge no fees or legal costs unless we obtain a recovery for you. We do not want concerns about paying for a lawyer to stop you from seeking the compensation you deserve.
What Should You Do After an Accident?
Before you meet with Truitt Law Offices about your accident, you should do your best to take the following basic steps:
Seek medical attention – If you have not done so already, please see a doctor. Your health is too important. A doctor will know how to identify and treat your accident-related injuries.
Get a copy of your accident report – Within a few days after a car, truck or motorcycle accident, you should be able to order a crash report. If not, we can help you to obtain a copy. In many other types of accidents such as slip and falls on commercial property, an accident report may be available as well.
Gather all of your evidence and documents – If you took any photos, collected any witnesses’ names or have received any medical bills or letters from the insurance company in the mail, keep them stored in a safe place.
Write down what happened to you – While the events surrounding your accident are still fresh in your mind, take a moment to put what happened to you down on paper. These notes will help you to remember important details and prove useful to you down the road.
Do not talk with the insurance company – An insurance company adjuster may try to contact you within days after your accident. The insurer may ask for a recorded statement or seek access to your medical records. Politely decline to speak and refer the insurer to your attorney.
Stay away from social media – You should refrain from discussing your accident on Facebook, Twitter or other social media sites. Because an insurance company may try to use anything that you say on social media against you, you should consider taking a break from social media while your case is pending.
If you have any questions about what you should do after an accident in Fort Wayne or Huntington, please don’t hesitate to call Truitt Law Offices. We understand how confusing it can be after an accident. We would be glad to help you.
What Type of Accident Were You Involved In?
Because we have so many years of experience in working with accident victims and their families in Northeastern Indiana, Truitt Law Offices knows the different issues that surface in these cases. Those issues can include:
Your right to a recovery depends on whether the other driver was negligent. Examples of negligence include speeding, tailgating, running a red light or failing to pay attention. Drunk driving, distracted driving and drowsy driving may all be underlying causes. If the other driver lacks insurance or has insurance that fails to fully pay for your damages, you may need to turn to your own UM/UIM policy.
When a crash involves a large commercial truck, many parties may be legally responsible. The list could include the trucker, trucking company, shipper, broker, mechanic, truck or truck part manufacturer and even a government agency. Because the stakes are so high for these parties, they may make it difficult to gather and collect evidence. An immediate, aggressive investigation will need to be conducted.
In these collisions, the vehicle driver often tries to blame the motorcyclist for the crash. This is a serious issue in Indiana, where a plaintiff can be barred from recovering anything if found to be more than 50 percent at fault (and, otherwise, can have his or her damages reduced in proportion to the degree of fault). You will need a thorough investigation of your case to challenge those claims.
As in motorcycle accident cases, defendants in these cases often try to pin fault on the injured pedestrian or bicyclist. For example, the vehicle driver may claim that he or she had the right of way at the time of the collision. It is crucial to examine all available evidence, which may indicate that the vehicle driver actually wasn’t paying attention at the time of the crash or failed to yield the right of way.
Highway Work Zone Accidents
In most personal injury cases, you have two years from the date of the accident to file a claim. However, in highway construction zone accidents, you may be suing a government agency. Under the Indiana Tort Claims Act, you will need to give notice to that agency within 180 days (city or county) or within 270 days (state). Additionally, if you are found to be even 1 percent at fault, you may be unable to recover damages. It will be crucial to get help from an experienced accident attorney as soon as possible.
Construction Site Accidents
Many construction workers who are hurt on the job in Fort Wayne and Huntington may have the ability to go beyond workers’ compensation benefits when seeking a recovery for their injuries. It is important to determine whether the negligence of a non-employer, or third party, caused a construction site accident. If so, a worker may have the right to seek personal injury damages.
In Northeastern Indiana, many slip and fall cases involve the failure of a business owner to clear away snow and ice within a reasonable period of time. The owner may vigorously challenge liability by claiming that not enough time passed or that “black ice” caused the accident. It is important to work with a lawyer who will gather the evidence it takes to establish the owner’s liability.
What Damages Can You Recover After an Accident?
By thoroughly investigating your accident case, reviewing all of your medical records and consulting with experts, Truitt Law Offices will be well prepared to seek the maximum amount of damages for you.
The amount that can be recovered in a personal injury or wrongful death claim will depend on many factors and vary from case to case. However, typically, compensatory damages are sought that include:
Economic – These damages are aimed at compensating you for your financial losses such as past and future medical bills, lost income, diminished future earning capacity and other accident-related expenses.
Non-economic damages – These damages are subjective in nature. They are meant to compensate you for the physical and emotional pain and suffering you have faced due to your accident-related injuries. The severity of your injuries and the impact on your ability to enjoy life’s activities can be factors.
Punitive damages may also be pursued. These damages are meant to punish the party who caused your accident and deter similar misconduct in the future. These damages are capped at $50,000 or three times the amount awarded in compensatory damages – whichever is greater. As a plaintiff, you would receive 1/4 of the punitive damages amount. The rest goes to a violent crime victims’ fund.
If your loved one died in an accident caused by another’s negligence, you may be eligible to pursue wrongful death damages. These are economic damages, including the cost of medical, funeral and burial expenses and the loss of your loved one’s earnings. Punitive damages cannot be sought.
