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$3.7 Million Wrongful Death; Auto and Tractor-Trailer Collision
$2.5 Million Wrongful Death; Auto and Tractor-Trailer Collision
$375 Thousand Wrongful Death Adult No Dependents; Auto Collision
$350 Thousand Policy Limits Settlement; Wrongful Death Passenger in Single Car Accident

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.

What Is Personal Injury Law?

Personal injury law provides a method of financial recovery for victims who are harmed by someone else’s actions. Sometimes the act was intentional; other times, it was careless or reckless. A wide variety of scenarios fall under personal injury law. If someone else caused your injuries, speak with one of our Indianapolis personal injury lawyers who can help you pursue a claim for damages. The term damages refer to your losses, such as medical expenses, time off work, your pain and suffering, etc.

If the injured victim dies, specific family members may be able to bring a wrongful death claim. Wrongful death claims are different from other personal injury claims. The damages that family members seek in a wrongful death claim are for their own losses.

Proving Liability in an Indianapolis Personal Injury Matter

Before you can successfully recover compensation in a personal injury claim, you must prove liability against the responsible parties. Indiana is a modified comparative negligence state. What that means is you could be entitled to collect compensation provided you are not more than 50% at fault. This law is known as the 51% fault system. You must be less than 51% at fault to recover any compensation.

Your own percentage of fault will reduce any compensation you are awarded. For example, if you are 20% at fault in an accident, you could recover 80% of your damages. If you are 60% at fault, you will receive nothing.Insurance companies have an incentive to place additional blame on you in a personal injury case. It reduces their potential exposure and possible payout. That is why having a legal advocate on your side is so important. The team at Gerling Law will be there for you every step of the claims process. We will not let the at-fault party’s insurance adjuster unfairly reduce their financial responsibility to make you whole again.

Types of Recoverable Damages in an Indianapolis Personal Injury Claim

Damages available in a personal injury case will vary based on the type of case, the severity of your injuries, and the percentage of liability. In general, you have two main categories of damages. The first is economic, and the second is non-economic.

Economic damages are those that can be calculated, such as medical expenses, your missed time from work, property damage, and more. There is typically some financial proof that supports the loss.

With non-economic damages, the value is more subjective and therefore harder to calculate. They can include pain and suffering, emotional distress, and more.

In some personal injury cases, there may be a punitive damages award. Punitive damages are reserved for cases involving intentional actions or gross negligence, such as someone driving drunk.

Statute of Limitations for Personal Injury Claims in Indiana

When you are pursuing a personal injury claim, there is a legal deadline that the state enforces, called the statute of limitations. You must file a lawsuit within the required deadline, or the court will almost assuredly dismiss your claim. In most cases, you have two years from the date of the incident to file a lawsuit.

The statute of limitations may be different depending on the type of case. That is one reason why retaining an Indianapolis personal injury attorney is crucial. Two years might seem like a long time, but it’s not. It’s easy to inadvertently miss the deadline, especially if you are in the middle of negotiations with the insurance company.

Contact Gerling Law Today

Don’t risk your potential settlement by leaving your case to chance.

Many types of personal injury cases can be very complex, especially those involving defective products, medical malpractice, and premises liability. You need an experienced Indianapolis law firm with the skills and financial resources to take your case to trial if necessary.

Let us fight for the compensation you deserve. Contact Gerling Law Injury Attorneys today to schedule a free consultation to learn more. With over 50 years of experience, we are not afraid to take on any case, no matter how complicated.

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