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Personal Injury Attorney FAQs

Personal Injury Attorney FAQs

Personal Injury Attorney FAQs2024-07-03T22:16:17+00:00
Personal Injury Lawyer in Greenwood, IN | Habig Injury Law
Personal Injury Attorney In Indiana

Habig Injury Law FAQs

How long does it typically take to resolve a personal injury case in Indiana?2024-06-24T15:08:27+00:00

The time frame depends primarily on two things. The first factor is how much medical treatment you need. We generally do not like to reach a settlement until you have completed medical treatment. It is difficult to determine the true value of your case until we can see the full picture of how much you have suffered, whether you will have any permanent medical issues going forward, and the full amount of medical bills and lost wages.

The second factor is whether the insurance company offers a fair settlement amount. We always want to be able to reach a settlement without having to file a lawsuit. However, if the insurance company denies responsibility or makes a low/unfair offer, you have the option for us to file a lawsuit on your behalf. If this occurs in your case, it will take many months, and sometimes years, to reach a settlement or trial date. However, sometimes it is necessary to receive fair compensation.

What happens at an initial consultation with a personal injury lawyer?2024-06-24T15:08:27+00:00

We meet with the potential client to gather all information about how the incident occurred. For example, in a car accident case, we will want to know what you remember about the wreck, where you received medical treatment, and whether you have car and health insurance.

We will also want to gather any evidence you have, including the crash report, photographs of the scene of the wreck, photographs of the vehicles, and any medical bills you have received. Then we explain in detail the legal process and how we can help. At that point, if you wish to hire us, you will sign documentation that allows us to represent you.

Is there an initial consultation fee to meet with a personal injury lawyer?2024-06-24T15:08:27+00:00

No, there is no initial consultation fee to meet with our personal injury attorneys. Unlike divorce or criminal defense lawyers, we do not charge a fee to meet with you. We do not require a retainer. Nor do we charge by the hour. We only get paid a percentage of your settlement/verdict. If there is no settlement/verdict in your favor, your personal injury lawyer will not get paid.

How much does it cost to hire a personal injury attorney in Indiana?2024-06-24T15:08:27+00:00

Most personal injury lawyers are paid on a contingency fee basis. This means that a personal injury lawyer only gets paid if there is a settlement or verdict in your favor. If the personal injury lawyer does not get you a settlement or verdict, you don’t owe the lawyer a dime. Contingency fees are based on percentages.

What if I am partially at fault for the accident in Indiana?2024-06-24T15:08:27+00:00

In Indiana, we have the doctrine of “comparative fault” in most personal injury cases. This means that so long as you are not determined to be more than 50% at fault for the accident, you can still recover for your personal injury claim. A skilled personal injury attorney will be able to examine the evidence to determine things like liability, causation, estimates of damages amounts, and fight for the maximum amount of compensation owed to you, even if you are partially at fault for the accident. Choosing the right attorney is essential for the outcome of your case.

How is fault determined in an Indiana personal injury case?2024-06-24T15:08:27+00:00

Proving negligence or wrongdoing in a personal injury case requires clear evidence to support the claims. An experienced personal injury attorney will know how to gather, compile, and present evidence to form the strongest case possible for the injured party. Various forms of evidence can be used in a personal injury lawsuit, including:

Photos and videos from the accident site;
Physical evidence such as broken pieces of the vehicles;
Skid marks and collision marks from the impact;l
Statements from witnesses present at the scene;
Police or incident reports;
Medical records and bills;
Corporate records;
Assessment from medical or industry experts;

What is the process for filing a personal injury claim in Indiana?2024-06-24T15:08:27+00:00

Your Habig Injury Law experienced personal injury lawyer will work with you to file a personal injury claim with all necessary parties and insurance companies on your behalf. If a settlement cannot be reached with the at-fault party and the insurance company informally, Habig Injury Law will file a lawsuit on your behalf against the at-fault party to fight for the maximum amount of compensation owed to you.

How long do I have to file a personal injury lawsuit in Indiana?2024-06-24T15:04:59+00:00

There is a time limit on how long you must file an injury case after a personal injury accident. These laws are known as “statutes of limitations” and are different in every state. In Indiana, that deadline is 2 years from the date of the accident in most personal injury cases. That said, the deadline to file a personal injury claim can be shorter in some cases, such as claim against state, county, or municipal agencies. It is important to consult with an experienced personal injury attorney as soon as possible after you are injured to learn about your options for bringing a claim and protecting your rights.

What types of compensation can I seek in a personal injury case in Indiana?2024-06-24T15:08:27+00:00

Indiana law recognizes the following types of damages in most personal injury cases:

Payment for  medical bills, from the initial emergency response to ongoing care like physical therapy or pharmaceutical prescriptions;
Reimbursement of lost wages used sick and vacation days, lost employment, lost earning capacity (especially in burn, brain, or spine injury cases), and lost job-related benefits like retirement contributions and health insurance;
Compensation for pain, suffering, and mental anguish; and
If you are married at the time of the accident, compensation for loss of consortium with your spouse.

How do I know if I have a valid personal injury claim in Indiana?2024-06-24T15:08:27+00:00

Indiana law imposes a duty on individuals and businesses to act reasonably in most situations. Accordingly, with limited exceptions, if you are injured as a result of reckless, negligent, or wrongful conduct of another person or business, you likely have a personal injury claim. That said, you should consult with an experienced personal injury attorney as soon as possible after you are injured to learn about your options for bringing a claim and protecting your rights.

Should I call a personal injury lawyer or insurance company first?2024-06-24T15:08:27+00:00

You should speak with an attorney before you talk to an insurance company. The sooner you have a legal professional on your side, the harder it is for insurance representatives to take advantage of your situation.

Insurance companies are businesses first and foremost. Their job is to make a profit. Paying out on your legitimate claims cuts into those profits. Regardless of the fact that they are contractually obligated to issue the coverage you’ve paid for (if dealing with first party coverage), they will try to find a loophole out of the agreement. One way to do that is to lowball you and hope that you’ll agree to accept less than what you deserve and are entitled to receive.

What should I do immediately after being involved in a personal injury accident in Indiana?2024-06-24T15:08:27+00:00

You should understand that the steps you take after a personal injury accident not only ensure your safety but also protect your legal rights. Although the situation immediately following an accident can be stressful, you should take the following steps to the best of your ability:

Seek medical attention immediately: If you are injured on the scene and unable to take care of yourself, wait for first responders to arrive and be sure any injuries or medical conditions are given the attention they need. Even if you don’t feel injured, you should seek medical attention at a hospital afterward, as some injuries like traumatic brain injury might not manifest until later. Failure to seek medical attention could actually affect your ability to collect damages in the long run.
Contact local authorities immediately: After a car accident or truck accident, you should call 911 right away to contact the authorities. That way, a police report can be filed, statements can be recorded, and the police can begin the preliminary steps of their investigation. When a lawsuit is filed, the police report can provide valuable information about the accident.
Reach out to a lawyer: You will want to get in touch with an experienced personal injury attorney as soon as you are able to. An attorney can help you deal with the insurance companies involved and can act as your go-between so you’re not corresponding directly with the other side. The sooner you reach out to an attorney, the sooner they can help you with any legal requirements or forms and protect your legal rights.
Gather important evidence: If you are able to, collect any relevant and important evidence from the scene while you’re still there. This can include photos of any damage, the area where you fell (if the issue is a slip or trip and fall), skid marks, and notes of details like the time of the incident and conditions of the area where the accident occured. If you’re injured and unable to, don’t worry — it’s the job of an attorney to fully gather and prepare evidence for trial.
Don’t discuss fault or liability: Make sure not to admit to any fault when speaking with the other party or with an insurance representative. You may need to exchange contact information but remember that any statements you make regarding fault or liability could be held against you in upcoming legal proceedings.

NEED A RIDE?

317.642.3813

Habig Injury Law offers rides as a concierge service to our clients. If your car has been badly damaged in an accident, we are here to assist you in this difficult time. Please call us at (317) 642-3813 to request a pickup.

Personal Injury Lawyer in Greenwood, IN | Habig Injury Law

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