After suffering from a personal injury, it is not always clear what steps you should take next. Of course, you should seek any medical care you need as soon as possible, but what happens after that? More often than not, the next step is to file a personal injury claim against the responsible party.
It is possible for you and the other party to come to an agreement that covers all your damages without too much of a hassle, but this isn’t typically the case. More often than not, you will need to do some combination of negotiating with the defendant or their insurers and, possibly, file a lawsuit.
While many injured parties wait to hire an attorney until they feel it is absolutely necessary, there are a number of reasons this isn’t always the best approach. Instead, it’s typically best to contact an attorney as soon as possible after suffering an injury.
As we will discuss in the next section, doing so will help your case immensely. In some cases, it can make all the difference between recovering your damages and ending up bearing those costs yourself.
What An Evansville Personal Injury Attorney Can Do for You
As noted, there are several ways that a personal injury lawyer in Evansville can help your case. First, your attorney can help ensure that you meet any applicable deadlines. If you wait too long to file a claim, the court will refuse to hear your case.
Furthermore, having an attorney representing you in negotiations right from the start can play a critical role in your case. Simply put, defending parties will take your claim more seriously if you have an attorney on your side. They know that you can file a lawsuit at a moment’s notice, which should bring them to the bargaining table.
On top of that, the defending party will know from the start that they are negotiating with an experienced party. This will make them less likely to employ predatory negotiating tactics. Without an attorney, however, you can bet that any defending party with a lawyer on their side will use any and all negotiating tactics to avoid paying out the full sum of your damages.
Other assistance an Evansville injury lawyer can provide includes conducting a complete calculation of all your damages and connecting you with the right medical professionals for your specific injuries.
Gerling Law’s Evansville Personal Injury Lawyer Team: Practice Areas
Gerling Law Injury Attorneys’ Evansville team can take on quite a few different types of cases. Why? Because the number of different possible injuries that one can suffer from are practically infinite. In the following list, you will find just a few of our personal injury practice areas:
- Medical malpractice;
- Torts regarding mass injuries;
- Wrongful death;
- Car, truck, and motorcycle accidents;
- Pedestrian accidents;
- Nursing home abuse; and
- Workplace accidents.
These are just a few of the types of injuries that we can help you recover from. If you don’t see the specific injury you are suffering from in this list, don’t worry. Just get in touch with our Evansville injury attorney team, tell us your story, and we’ll let you know how we can help.
Evansville Injury Lawyers: Indiana Liability Rules
Liability rules for personal injuries in Indiana work similarly to other states’ rules. Most of the personal injury claims we help our clients with are based on either general negligence liability or strict liability. We will cover the general requirements of both to give you an idea of what you can expect. Always make sure to discuss what sort of liability your case is based on with your injury attorney as soon as possible.
The most common type of liability in personal injury cases is negligence liability. Negligence liability is predicated on the idea that one party acted in a way that was so careless that it rises to the level of negligence. With that comes liability. There are four general requirements for showing negligence liability:
- The existence of a duty of care between the defendant and the plaintiff;
- A breach of that duty of care by the defendant;
- The existence of real damages suffered by the defendant; and
- A causal relationship between breach of the duty of care and the subsequent damages.
If those four requirements are fulfilled, your case has a very good chance of success.
Strict liability, as you may guess, is easier to establish in court. Strict liability is based on the idea that some things are inherently dangerous. As such, the idea of a duty of care and a breach of that duty is, essentially, assumed. In cases of strict liability, all you have to prove is that you suffered damage and the defendant’s action caused the damage. Strict liability applies primarily to product liability. Firms that produce consumer goods are liable for damages caused by their goods even if they were not negligent.
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Knowledgeable, professional, and easy to talk with. Gerling Law Injury Attorneys provide a truly exemplary example of a metropolitan law firm who still cares for the welfare of the little guy who needs great representation!- Tresa H.
Evansville Personal Injury Attorneys: Indiana Statute of Limitations
One thing you should keep in mind regardless of your type of claim is Indiana’s statute of limitations for personal injuries. A statute of limitations limits the amount of time a given party has to file a given claim. Statutes of limitations apply in criminal law as well as civil law. In criminal law, when the statute of limitations is reached, the government can no longer prosecute an alleged perpetrator of a given crime.
The same concept applies in personal injury claims. When the statute of limitations elapses, you no longer have the option of filing a lawsuit. If you try to do so, the courts will reject your claim outright. For personal injury claims in Indian, the limit is two years from the date on which the injury occurred.
The statute of limitations is another reason why it is so important to contact a personal injury lawyer as soon as possible after an injury. If you don’t have an attorney, the defending party may try to drag out negotiations until the statute of limitations is reached. At that point, it will be too late to file a lawsuit. If you do have an attorney on your side, however, the defending party will know that your attorney will help you comply with the statute of limitations, which will bring them to the negotiating table in good faith.
Importantly, there are exceptions to the general two-year limitations period. To avoid missing out on a potential statute of limitations exception, give your lawyer as much information as possible. Better yet, ask about statute of limitations exceptions specifically.
Why Choose Gerling Law’s Evansville Injury Lawyer Team?
As you read this, the Evansville personal injury lawyers at Gerling Law Injury Attorneys are standing by to help you win your case. There are quite a few different personal injury lawyers that you can choose from, but not all lawyers are created equally.
At Gerling Law, we set ourselves apart from the competition with one key element: experience. Many of our firm’s attorneys have decades of success as personal injury attorneys under their belt. Drawing on that experience, our attorneys get results.
With our experience on your side, it doesn’t matter who you are up against. Whether it is an individual who caused your injury or a large corporate entity, Gerling Law’s Evansville personal injury lawyers have the right experience to help you get the justice you deserve.
Don’t wait to get your claim started. Contact us today, tell us your story, and we’ll get right to work.
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