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Car Accident Injuries and Liability

October 3, 2019
A bad car accident in Fort Wayne

Being involved in a car accident is never easy, but when you’ve been injured, the difficulties mount. In addition to dealing with vehicle repairs, you may also be facing mounting medical bills and time off work. In the case of head injuries, in particular, you may be unaware of the injuries at the time of the accident, leaving you scrambling to seek compensation after the accident.

Collecting Compensation via a Personal Injury Claim

With your mounting medical bills and inability to work, you will likely need to seek some form of compensation. You can pursue insurance claims to help you to pay your accident-related bills, including medical bills, lost wages, and pain and suffering. The insurance company will likely offer you a settlement. Remember that the goal of an insurance settlement is not to give you all of the money that you need, but to settle in a way that minimizes expense to the insurance company. Therefore, it is likely that the insurance company will offer you a settlement that’s less than what you need. While it will be tempting to accept the payout, it’s time to pursue a personal injury claim in court.

Just as in any legal case, you have the option to represent yourself in court. However, it is unwise to do so in a personal injury suit after a car accident. The insurance company will have skilled, experienced attorneys working against you. These attorneys will push to prove that you were at fault for the accident, that your injuries were not caused by the accident, or to otherwise discredit you and dismiss your case. You will be forced to demonstrate that you were not at fault, which can be difficult and complicated.

Establishing Fault In Auto Accidents

One of the most difficult, and most important, portions of your personal injury claim will be establishing who was at fault for the accident. To collect compensation for any damages you suffer in an accident in the state of Indiana, you must be found to be 50 percent or less at fault for the accident and, therefore, the causes of your injuries. This means that you will need to provide evidence, such as:

  • Your own detailed account of the accident
  • Police reports
  • Photograph and video surveillance
  • Witness statements and contact information
  • Medical records
  • Pay stubs showing missed work and pay

Ideally, you will work with your attorney to prove that you were not at fault. In many cases, though, you will be found at least partially at fault. Under Indiana law, your compensation will be reduced by your degree of fault. For example, if you are found to be 20 percent at fault while seeking $10,000 in damages, you will only be eligible to collect $8,000.

Contact an Experienced Accident Attorney

If you’ve been involved in a car accident, do not try to navigate the complicated claims system alone. You’ll want an experienced car accident attorney at the Truitt Law Offices by your side to help you collect the compensation you need to get back to your life. Contact us today to schedule a consultation.

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