Are you wondering, What is the average Indiana car accident settlement amount? Are you unsure how to begin the process of starting a claim for your injuries? Unfortunately, there is no average car accident settlement amount in Indiana. Your settlement will depend on the circumstances of your individual case. Your Indiana car accident attorney will help you navigate the unfamiliar network of insurance companies, claims adjusters, and court processes. They will also be able to help you determine the factors that affect your settlement and get a grasp on your damages. Types of Possible Damages in Indiana Car Accident Lawsuits Car accident damages can be both economic and non-economic. Economic damages are easily measurable and can include: Medical bills from the accident and future medical expenses for the injuries, Lost wages (past, present, and future) because of your injuries, Vehicle repairs, Travel expenses to get to your medical appointments, Rental costs while your vehicle is being repaired, and Cost for household assistance to help while you recover. It is possible to figure out economic damages because they are financial losses that can be added up. You should save all bills and documentation of any costs you had resulting from the accident. Non-economic damages are not as easy to quantify. They include pain and suffering, emotional and mental anguish, loss of the enjoyment of life, etc. A jury is usually responsible for determining the amount of non-economic damages. One of the biggest factors that will affect how much you can recover will be the other driver’s insurance coverage. If they do not have liability coverage, that could dramatically reduce the amount you can recover. If the driver is underinsured (they do not have a high policy limit), that fact could also affect the amount of damages you could likely recover. Your attorney will discuss these issues with you, as well as present other possible options to overcome these potential limitations. Your Auto Accident Legal Claim The purpose of a successful auto accident claim is to compensate you for your losses, both those that you incurred directly from the accident and related losses you can expect to deal with in the future. Generally, these cases settle outside of the courtroom. Settling out of court is a way for parties to resolve the dispute quicker and with fewer legal expenses. If negotiation is not possible, your attorney will take your case to trial in court. What You Should Do After an Accident Your first priority is your health. Get medical attention within 24 hours of the accident. Your second priority is to make a record of your injuries and treatments received as evidence. This is especially important if you have any pre-existing conditions or old injuries. The injury you are requesting compensation for must be directly related to the accident. Next, try to gather as much evidence as possible. Keep records of all bills or costs that you incur as a result of the accident. Take photos of your vehicle and the scene of the accident. Make notes of what happened that day while it is still fresh in your mind. If there were any witnesses, try to get their contact information. It is important that you not make any statements to the insurance company. Even if they tell you it’s mandatory—know that it isn’t. If they reach out to you, get the contact information of the person handling your matter and tell them your attorney will be in touch. Finally, contact an Indiana car accident attorney as soon as possible and schedule a consultation to discuss your case. Statute of Limitations In Indiana, injured parties only have two years from the date of the incident to open a personal injury lawsuit. After two years pass, it is not likely that the court will hear the case. Furthermore, the longer you wait to file, the harder it may be to prove your case. Evidence can be lost or damaged, and witnesses may be harder to get in touch with or not remember the events. Your best chance to receive compensation for your losses is to get your case started right away. Determining Fault for the Accident Indiana is a “modified comparative negligence” state. This means that you can only recover damages for the percentage of the accident that was not your fault, and if a party is found to be 51% or more at fault, they cannot recover for damages at all. The jury decides the percentage of fault for each party out of 100% total. If either driver violated any Indiana motor vehicle laws, that creates a presumption that that driver was negligent. A simple way to think about it is to ask, If the driver had not violated that law, would the accident still have happened? For example, let’s say you were driving, but you were texting on the phone and distracted. Another driver doesn’t see a stop sign and hits you on the passenger side of your car. You sue the other driver for $100,000 for your injuries and vehicle damage, and the other driver countersues for the same amount for their injuries and damage. The jury believes that you could have avoided the crash if you had been paying attention to the road, and they determine that you are 45% at fault. You are entitled to 55% of your damages, or $55,000. Someone who is 51% or more at fault would not receive anything. What Your Attorney Can Do for You Your attorney will begin the process of putting your case together to negotiate a fair settlement with the insurance company. If your attorney cannot come to an agreement with the insurance company that satisfies you, they will represent you in court at trial. Your attorney will: Investigate the incident by examining the police report, any evidence and documentation you kept, witness statements, etc.; Determine the extent of your damages by adding up your present bills and losses and projecting future costs; Send a demand letter to the at-fault party’s...Keep Reading
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After a car accident, I was left completely blind in one eye. I wasn’t sure who to turn to until I spoke with Gerling Law. From the beginning, I was completely blown away with the service I received at the firm. My attorney, Nikki Roby, and her paralegal, Jennifer Bland, were fantastic. Both my friend and I had to go through the process and we both were more than satisfied. I cannot say enough about how awesome the team was throughout the whole case. I would recommend Gerling Law to my friends, family, or anyone in need of an attorney for any injury. - Anne S.
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Losing a loved one is never an easy experience to go through, especially when the death is sudden and preventable. Wrongful death happens when a person is killed because of another person or entity’s negligence or misconduct. If your loved one was killed under these circumstances, you may be eligible to bring an Indiana wrongful death lawsuit. Why File a Wrongful Death Lawsuit in Indiana? A monetary award cannot replace your loved one; however, the law does not have a more effective remedy to offer you for your loss. An Indiana wrongful death lawsuit is a civil action that allows the family to seek justice on behalf of their deceased loved one. The monetary award can help support the deceased’s surviving dependents. In some cases, the lawsuit may be used to serve as an example to others that the behavior that caused the death will not be tolerated and there are consequences. Who Can File a Wrongful Death Lawsuit in Indiana? In Indiana, if the deceased is an adult, the personal representative (often referred to as the executor of the estate) or the deceased’s estate is the person who files a wrongful death lawsuit. This person is usually the surviving spouse, an adult child, sibling, or parent. Either or both parents may file for a deceased child. What Is the Average Settlement for a Wrongful Death Lawsuit Settlement? No two wrongful death cases are alike, which means settlements vary depending on the circumstances of the lawsuit. Factors such as the age of the deceased, their earning potential, medical treatment at the time of death, and more may be taken into consideration. Indiana caps wrongful death awards by juries for people without dependents at $300,000. The following are some of the damages you may be able to recover. Lost of Financial Support These damages are especially important when the deceased was the primary provider for the household. Compensation covers the income that the deceased would have provided from their future employment earnings to support dependents. Medical Expenses Costs of medical care can vary greatly depending on whether the deceased person was receiving medical care for the injury or illness that ultimately led to their death. Doctors, hospitals, diagnostic services, and pharmacies must all receive compensation, despite the outcome of treatment. Loss of Parental Guidance Monetary awards cannot come close to adequate compensation for losing a parent. Surviving minors may receive financial compensation in an attempt to make up for not having their parent present to raise them and guide them. Loss of Affection and Care This segment of wrongful death damages is also called “loss of consortium.” It pertains to the loss of a significant other and all the emotional and physical components of a relationship. This compensation may be hard to quantify. The surviving spouse should be prepared to answer a lot of questions about the happiness of their marriage. Household Service Contribution Running a household is difficult even with multiple people contributing. Maintaining a home, caring for children, doing chores, preparing meals, and all other things that we often take for granted are relevant in your Indiana wrongful death lawsuit. Burial Expenses Funeral and burial expenses can get expensive and may be covered under your Indiana wrongful death lawsuit damages. Legal Fees If you succeed in your wrongful death claim, the court will likely grant attorney fees to be paid by the defendant. Legal fees are not assessed until after the verdict. Elements of a Wrongful Death Claim Not every accidental death that occurs is a wrongful death. To succeed in your Indiana wrongful death cause of action, all the following elements must be satisfied: A person died; A negligent or intentional act caused the death to occur; Surviving family members incur losses as a result of the death; and Appointment of a personal representative of the estate. There are many ways that wrongful death can occur. Circumstances vary with every case, and it is important to understand causation. Here are some common circumstances that may lead to a wrongful death cause of action: Vehicle or airplane accident, Occupational exposure to hazardous conditions or substances, Criminal activity, Premises accident, Death during a supervised activity, and Medical malpractice. The most difficult component of your Indiana Wrongful Death case is proving that the action of the party, whether negligent or intentional, is what led to the death of the deceased. Without the action, death would not have occurred. How Can a Wrongful Death Attorney Help? Wrongful death claims in Indiana can be complicated, and there are a lot of things to take into consideration. An experienced personal injury attorney can conduct an independent investigation into the death of your loved one to ensure that you have all the evidence necessary to prove your case. One very important benefit of hiring an attorney early is that they can help you accurately determine how much your claim is worth. This could require extensive evidence gathering, including witness testimony. According to the Indiana statute of limitations, you must file your claim no later than two years after the death occurred. Failing to file within that time frame could bar you from ever filing the wrongful death lawsuit. Your attorney can make sure all your paperwork is submitted in a timely manner, conduct settlement negotiations, and litigate if necessary. Contact Us Today Navigating the legal system is difficult at best. Gerling Law has been serving the legal needs of Indiana for over 50 years. We pride ourselves on treating each client with compassion and respect. What you are going through is undoubtedly difficult and painful. We are here to fight on your behalf for what you deserve. Contact us today for your case evaluation. Go with Experience. Go with Gerling. ®Keep Reading
Herniated disc pain can be excruciating. When your herniated disc is the result of someone else’s negligence, you might be under additional stress, wondering who will pay your medical expenses. Understandably, many prospective clients want to know the average settlement for a herniated disc. Various factors impact the value of all personal injury claims, including herniated disc lawsuit settlements. To understand what your claim is worth, you need to speak with an experienced Indiana personal injury lawyer at Gerling Law. What Are Average Herniated Disc Settlement Amounts? There is no average range for herniated disc settlements or any other type of personal injury claim. It’s impossible to provide a typical settlement value because each case is unique. While herniated discs are one of the most common injuries in a car accident, they are often one of the most contested by insurance companies. Insurance adjusters are quick to point the finger at a pre-existing condition. Diagnostic tests can show you have a herniated disc, but they won’t tell the doctors when your injury occurred. Even if you do have a pre-existing herniated disc, it does not necessarily prevent you from getting compensation. For example, you might be entitled to a herniated disc car accident settlement if the collision aggravated your injury. You might be researching compensation for herniated disc car accidents online and wondering why an insurance calculator won’t work to provide an average settlement amount. There is no such thing as a herniated disc settlement calculator—at least not an accurate one. Using an online calculator for your injury claim will not give an accurate value because online calculators are simply incapable of considering all the variables that influence your claim. Factors That Influence Your Herniated Disc Settlement Amount To reach a potential value for a herniated disc injury, we look at various factors that impact your claim. Some of the most important ones include: Your age; Your medical history; Any pre-existing conditions; The prognosis of your herniated disc; Who caused the accident; Your total damages, including medical expenses and time off work; and Your pain and suffering. All cases are unique, which means these factors will vary from case to case. For example, older people may not have lost earnings because they are retired or not working a full-time job. Or if your prognosis for recovery is not good, you could have a higher figure for pain, suffering, and additional medical expenses. When you retain Gerling Law to represent you, our skilled legal team will help you calculate the total value of your damages and advise you on what a fair settlement range would be. How to Prove Damages in a Herniated Disc Injury Case Proving liability is a crucial part of successfully pursuing a herniated disc settlement. Indiana is a modified comparative negligence state. That means if you share fault for the accident that caused your herniated disc injury, you still might be eligible to collect a portion of your damages. However, you cannot be the primary cause of the accident. For example, if a jury finds you 20% at fault, you could still collect 80% of your damages. If you’re 50% at fault, you could collect 50%. Unfortunately, if you are 51% or more at fault, you will be barred from recovery. Because of this law, insurance companies will look to place the maximum amount of fault on you whenever possible. This tactic reduces their potential payout or may even eliminate it if they can show you were at least 51% at fault. By hiring our skilled Indiana personal injury lawyers, we can protect your rights and work tirelessly to prove liability and damages against the at-fault parties. Why Hire an Indiana Personal Injury Lawyer for Your Herniated Disc Claim You need a legal advocate on your side. Unfortunately, insurance companies rely on the fact that you don’t know the legal process or how to calculate your total damages and negotiate a settlement. At Gerling Law, our top priority is to protect your rights and help you pursue the maximum amount of compensation possible. We will request all relevant records that show proof of your herniated disc, such as an MRI. We will also obtain all your prior medical records to establish whether you had a pre-existing condition or spinal pain complaints. If necessary, we will hire a medical expert to review your medical history and testify whether the accident caused your herniated disc or aggravated a pre-existing herniated disc. If there were any witnesses to your accident, we will get their statements as well. Contact Gerling Law If you sustained a herniated disc in a car accident—or in any type of accident—contact Gerling Law today to learn how we can assist you. We have decades of experience helping injured victims just like you. We always put our clients first and will do what’s best for you. We have a proven record of success, recovering more than $500 million to date for people in the tri-state area. Call our office or use our online contact form to schedule a consultation. The sooner you contact us, the sooner we can start working on your case. Go with Experience. Go with Gerling. ®Keep Reading