812-213-4551Indiana Car Accident Lawyers
Help You Get Back On the Indiana Highway!
Were you hurt in a car accident in Indiana? Call today to schedule your free consultation and get your chance to speak with an experienced car accident lawyer. Evansville residents can call 812-213-4551. Gerling Law Injury Attorneys proudly serves all of Indiana!
Car accidents are an everyday occurrence. You can be the safest, most responsible driver in Indiana, and your day can still be ruined by negligent drivers and reckless people. There is no such thing as an “affordable” car accident. Medical bills, lost wages, going without your car while it is being repaired, and learning to live with your injuries can wildly alter the trajectory of your life. Unfortunately, car accidents are just a fact of life in Indiana.
In fact, you can look on the state website to find information about car crashes in the state.
Along with the property damage accidents cause, you may also be treated for your injuries, deal with insurance issues, and experience financial worries. Being forced to work through the aftermath of a car accident can leave a person stressed out and feeling alone. If you are involved in a car accident, you know you have legal rights, and there are people who want to help.
The experienced Indiana car accident attorneys at Gerling Law Injury Attorneys are ready to help you fight for your rights and compensation.
Contact us online or call 812-213-4551 today for a free consultation. Gerling Law Injury Attorneys gladly serves Evansville.
What Should You Do Immediately After a Car Accident?
The steps you take after your collision can significantly affect you, your personal injury claim, and your recovery process. You should be sure to take the following steps, if possible.
Remain Calm
This may seem impossible after an accident, especially if the impact is severe. Remaining calm is important. Your personal injury claim starts at the moment of impact, and how you carry yourself can have a rippling effect on your claim.
Avoid confrontation with the other parties involved in your accident. If they are confrontational with you, wait for law enforcement to arrive and allow them to handle the situation.
Do not admit fault at any point after the accident. Even if you feel like you are at fault or partly at fault, avoid apologizing for the accident and do not accept responsibility for the accident. It is not your job to determine who the party at fault is.
Find Safety and Assess Injuries
It is likely that your vehicle will end up in the middle of traffic after your accident. If you are safely able to do so, move your vehicle out of danger’s way. If your vehicle is immobile, you may need to leave your vehicle when it is safe to do so.
Assess your injuries. If you feel like you have sustained severe injuries, then call 911 and request emergency services. Stay on the phone with the dispatcher until emergency services arrive. If you have passengers riding in your vehicle with you, assess their injuries as well.
Request a First Responder
If you feel your injuries are not severe enough to warrant emergency services, you can call the non-emergency dispatch number and request an office be sent to your location. If the dispatcher requests that you do so, remain on the line with them.
Police will arrive, assess the situation, and create a police report. Police reports are a necessary part of personal injury claims. An ambulance may be dispatched, even if you did not request medical first responders. They may offer medical attention, and even if you feel like you do not need it, you should accept. Some injuries may not be immediately apparent, and your adrenaline can mask the symptoms.
Collect Information
It is important for you to collect evidence from the parties involved in the accident, as well as the responding officer. This information is invaluable not only to a solid personal injury lawsuit but also for your coming insurance claim.
Even if you are in a minor fender-bender, take the time to exchange evidence with all involved parties.
Information to collect should include:
- First name and last name
- Phone number
- Driver license information
- Insurance information
- Vehicle description, including license plate number
Sometimes, not all parties want to cooperate. If, for some reason, one of the involved parties refuses to supply some or all of this information, avoid confronting them. Wait for the responding officer to arrive and inform them of the situation.
Speaking of the responding officer’s arrival, when they arrive, give them your information and answer any questions they ask. Do not offer them more information than they ask for. Do not apologize for the accident or claim responsibility. Ask the officer for their contact information, usually supplied in the form of a business card.
Collect Evidence
It is time to collect the evidence that will help your personal injury lawyer and the courts determine who the at-fault party is. There is no such thing as “too much evidence,” so take out your phone and start taking photos, videos, and notes regarding your accident and the accident scene.
Take photos of the following:
- Road conditions, such as wet or snowy roads
- Skid marks on the pavement
- Traffic signs and traffic lights
- Damage to your vehicle
- Injuries you or your passengers sustained in the accident
- Damage to the other vehicles involved in the accident
- A wide photo of the entire accident scene
- Any businesses with CCTV and cameras that may have caught the accident
You should also take time to speak with anyone who potentially witnessed the accident. Ask them if they would be willing to offer a statement of how the accident played out before them. An unbiased witness statement can put the odds heavily in your favor.
File A Claim
Whether or not you are at fault for the accident, you will need to notify your insurance carrier. You should contact the insurance company as soon as you can to file a claim. Take the time to answer their questions. They will likely direct you to their app, where you can turn in photos of the damage to your vehicle. The insurance company will also assign an adjuster who will take care of every aspect of your claim, including vehicle inspections and settlement offers.
You do not have to accept the first offer from your insurance company. If you are unsure of what you should do, you should speak with a personal injury attorney, a professional who has extensive experience dealing with stubborn insurance companies.
Should You Seek Medical Treatment?
After all of the above steps, the next important step is getting medical treatment. Even if you don’t believe you have any injuries after your accident, you should still see your primary care physician. You can also visit a walk-in clinic if you do not have an established physician. Tell them about any body aches or pains you are experiencing. Explain to them your accident. If you think your body twisted or jerked in a concerning way, inform your doctor. Some serious injuries are not evident right away and take a few days or even months to appear.
If your doctor suggests any medical treatment, be sure to take their advice. Getting medical treatment not only aids in your recovery but also strengthens your Indiana car accident case. Be sure you attend all treatment sessions and that every session is well documented. Skipping out on treatment prescribed by your doctor or ignoring their medical advice gives the other party ammunition when arguing against your personal injury lawsuit.
It is important to schedule a medical evaluation as soon as possible after your accident. Waiting too long can hurt your personal injury lawsuit. The opposing party may be able to argue that your injuries occurred well after the accident, not as a result of the accident. Don’t help the defending party.
Save any medical bills you incur while trying to get your life back to normal. Your medical records are valuable evidence for your personal injury lawsuit.
What Are Common Injuries Sustained from Car Accidents?
Every car accident is different. There is no way to say with any degree of certainty what injuries a person will suffer after a car accident or even when those injuries will become apparent. However, there are common injuries we have worked with after a car accident.
The two most common classifications of injuries resulting from a car accident are either impact injuries or penetrating injuries. Both can be severe and have long-lasting, life-altering effects or result in death.
Head and Back Injuries
Head and back injuries are often the most severe injuries you can get from a car accident. They usually require a significant amount of recovery time and expenses and can have a lasting impact on your life.
Traumatic brain injuries (TBI) are injuries sustained to the brain and brain cells when the brain is violently jolted. If your head jerks or hits the side window, steering wheel, or dashboard, you may suffer a TBI.
Concussions happen when the head jerks or is hit with force. Even a “mild” concussion should be treated seriously and with medical treatment.
Spinal cord injuries can result in partial or complete paralysis. Even if you walk away from your accident feeling fine, you may have suffered a spinal cord injury and not even realize it.
Because of the violence of a car accident, flying debris can result in facial injuries. Facial injuries can leave you with severe scarring, bruising, bleeding, and broken bones.
Neck and Chest Injuries
Your neck and chest can suffer significant trauma, as the safety features that help you survive a nasty car crash can also result in injuries.
Broken or bruised ribs are somewhat common injuries when getting in a car crash. Broken ribs can puncture the lung or cause severe internal bleeding. You should tell responding medics or your doctor if you are feeling chest pain after your accident.
Whiplash is a very common injury suffered by car accident victims. When your neck quickly snaps backward or forward, it can damage the sensitive tissue in your neck, strain your neck muscles, or even damage your spine.
Soft Tissue Injuries
While these injuries usually require minimal medical intervention, they can still result in lost income and a lengthy recovery period. Sprains, strains, and bruising are all forms of soft tissue injuries.
Broken Bones
Motor vehicle accidents are a significant cause of broken bones. Breaking your arm, leg, rib, collarbone, or even back is not out of the question if you are involved in a car accident. These injuries are painful and costly, resulting in lengthy recovery times, and can have a long-lasting impact on your quality of life.
Psychological and Emotional Injuries
These injuries are harder to diagnose and quantify when compared to physical injuries. People often suffer some form of post-traumatic stress disorder after being involved in a violent car accident. It can feel almost impossible to get back behind the wheel when you are afraid of the next accident you could be involved in.
Accident victims may feel fear, anger, and sadness after their accident. They may no longer feel the joy they once felt from taking a long cruise on a warm Indiana night. While these injuries are largely invisible, they still suffer. Speaking with a compassionate personal injury attorney can help you not only understand these injuries but also figure out how to seek legal justice for these invisible, lasting injuries.
What Damages Can You Expect from a Car Accident Claim?
Motor vehicle accidents can mean financial hardship, whether it be for medical reasons or property damage. Seeking damages in your case will help you receive fair compensation for your losses. The two kinds of damages available for auto accidents are economic and non-economic damages.
Our Indiana car accident lawyers will explain economic and non-economic damages and how they may affect your personal life and your case.
Economic Damages
Economic damages stem from expenses that are easy to define and track. These damages often come with a receipt.
They include:
- Medical bills
- Lost wages
- Repair costs for your vehicle
- Rental expenses for a temporary vehicle
- Rehabilitation and physical therapy
Proper documentation supports the calculation of these damages, so save your receipts. It is highly recommended that you keep an ongoing file of all documentation regarding your accident and future legal claims.
Non-Economic Damages
Unlike economic damages, it is not as easy to calculate non-economic damages. Non-economical damages tend to regard how we feel and do not come as readily with receipts.
They include:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of quality of life
- Post-traumatic stress disorder (PTSD)
- Other lasting emotional and psychological suffering you may experience
Along with documentation, testimony from witnesses or experts can help support non-economic damages. A therapist you regularly see who aids in your recovery is an excellent expert witness who can testify regarding how the accident has impacted your life.
Your personal injury lawyer will know how to calculate the damages for your Indiana car accident case accurately. Working with an attorney as early as possible in your case will allow them to better assess the pain and suffering you are going through as a result of your accident.
Comparative Negligence
Indiana follows a “modified comparative negligence” rule. This rule may affect the amount of compensation you are able to recover. Your damages will ultimately be reduced by the percentage of fault for your share of liability.
For example, if you are seeking $100,000 in damages after a car accident but are 20% at fault, your compensation will be reduced to $80,000. However, if you are more than 50% at fault, you will not be able to recover damages.
Do you feel like you may have been partially responsible for your accident, and you don’t know how it will impact your case? Call Gerling Law Injury Attorneys to schedule your free consultation, where an experienced personal injury lawyer will be able to tell you if you have a solid personal injury case.
What is the Statute of Limitations on Car Accident Claims in Indiana?
A statute of limitations is a legal time restriction that dictates how long you have to file your lawsuit. This time restriction varies depending on the type of case. In Indiana, the statute of limitations for filing your lawsuit is two years after the date of the accident.
If you fail to file your claim within the two-year time limit, you will be unlikely to recover any damages. It is always a good idea to speak to an experienced car accident attorney as soon as possible to get started with your case and avoid going over the statute of limitations.
Another reason to file your claim as soon as possible is to avoid having the gap in time used against you. The other party may be able to argue that your injuries were not that severe or even that they occurred well after the accident and were not a result of your car accident.
Do You Need An Indiana Car Accident Lawyer?
In certain instances, you may be able to deal with your car accident claim on your own. What looks like a clean-cut case should be pretty easy to settle without getting a lawyer involved, right?
While you think that, the other parties involved may have already spoken with their own attorney to make sure they are covered. They may already be building a solid defense and finding the minimum amount they have to pay to get you off their back. Meanwhile, your medical bills are piling up, you are missing work, and injuries you originally saw as minor are getting worse every day.
You will need the help of a car accident lawyer. Depending on the circumstances surrounding your collision, an Indiana auto accident attorney will know how to handle your case. They can provide legal help and take care of all the necessary tasks for your case, including:
- Collecting all the required information pertaining to your accident
- Gathering all medical documentation
- Interviewing any possible witnesses
- Determining Fault
- Dealing with the insurance companies
Having a knowledgeable and experienced lawyer on your side is invaluable in car accident cases. Peace of mind comes from having an experienced professional on your side.
Why Choose Gerling Law Injury Attorneys?
With over five decades of experience, Gerling Law Injury Attorneys is passionate about helping clients through trying times. Negligent drivers should not be able to walk away from the damage they cause worry-free. They should be held accountable and pay their fair share. We fight tirelessly and aggressively to get the compensation accident victims deserve.
Every situation is different, and every accident victim is unique, but our skilled legal team is ready to take on even the most challenging injury cases.
If you have been involved in a car accident, call us today at 812-213-4551. We will review your case, answer your questions, and give you sincere legal advice during your free case evaluation.