Car Accident Archives

Nov 5, 2021 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Car Accident

How to Get Your Louisville Accident Report

At Gerling Law Injury Attorneys, we never recommend that our clients go into a Louisville car accident claim without first having a copy of their Louisville accident report. Even during our initial consultation with a client, it is difficult to accurately assess a car accident claim without the proper police report In that vein, if you need to file a Louisville car accident claim, we highly recommend that you bring a copy of your accident report with you. That way, we can accurately assess your case and determine how we can help you. What’s on a Louisville Car Accident Report? Similar to most other jurisdictions in the U.S., a Louisville accident report will contain a lot of important information about the car crash. Some of the more important pieces of information on Louisville accident reports include things like: The date, time, and location of the crash; A written description of what happened before, during, and after the crash; Various factors that could have contributed to the crash (road conditions, weather, etc.); Contact information for all involved parties; Insurance information for all involved parties; The name and badge number of the reporting officer; Injuries sustained in the accident; and Damage to vehicles and other property (including public property). At the end of the day, the report is the official record of the accident. As such, it carries a lot of weight and is a critical component of recovering damages. Who Do I Obtain My Louisville, KY Accident Report From? Who you obtain your accident report from depends on who responded to your accident. If your accident happened within Louisville city limits, the Louisville Metropolitan Police Department (LMPD) will respond to your accident. If that’s the case, you will need to obtain your accident report through them. Alternatively, if your accident happened, for example, on an interstate highway near Louisville, the Kentucky Highway Patrol (KHP) will respond and have your accident report on file. Generally, there are three ways to obtain Louisville police reports for car accidents: Online, Over the phone, or In person. However, due to the ongoing COVID-19 pandemic, LMPD asks that people refrain from making requests in person. Requesting Your Accident Report in Louisville, KY Online First, you can obtain your Louisville accident report online using LMPD’s web portal. For a successful request, you will need to provide certain information on your request form: Your report number, The date of the report, and The driver or vehicle owner’s last name. We always recommend asking the responding officer to write down or provide your report number as soon as possible. If you don’t have your report number handy, you can email LMPD. They will look up and provide your report number at your request. LMPD can send your report through email or USPS. Each report has a $10 fee. You can pay the fee electronically using most major American debit and credit cards. If you have trouble with the application at any time, you can always call LMPD for help at 502-574-6857. Requesting Your Car Accident Police Report in Louisville, KY Over the Phone Typically, you would also have the option of obtaining your Louisville accident report in person. However, as noted, LMPD prefers you make your request over the phone or online for the time being. Doing so requires you to submit the same information regarding your accident as you would online. You can make your request over the phone by calling 502-574-6857 between the hours of 8:00 am and 4:30 pm, Monday through Friday. Reports requested over the phone also cost $10 each. Like online requests, after a phone request, the department can send your LMPD accident report via email or USPS. Ready to Get Started? If you are ready to start the claim process for your Louisville car accident and want a car accident attorney with experience, look no further than Gerling Law Injury Attorneys. We split our attorneys into specific teams so we know that they have the experience necessary to advocate for you while avoiding any unpleasant surprises. With us, you can go into the claim process with confidence, not trepidation. We set ourselves apart from other firms with the results we get for our clients. Just look at what some of our previous clients have to say about us. If you’re ready to take control of your claim, Go with Experience. Go with Gerling. ® Call us today and tell us your story!

Oct 27, 2021 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Car Accident

How to Get Your Indianapolis Car Accident Report

If you found yourself in an Indianapolis car accident that wasn’t your fault, you deserve compensation for the damages you suffered. To do so, you will likely need to file a claim with the other party’s insurer or file a lawsuit in court. If you are thinking about filing a claim and gathering relevant information, you should learn about Indianapolis car accident reports. Indianapolis accident reports are a crucial component of any claim arising out of a car accident reported in Indianapolis. Why? Because Indianapolis police accident reports are the official record of what happened in the accident. As such, your IMPD crash report will end up as one of the most consequential pieces of evidence in your claim. That’s why it is so important to know what it says. Without it, how can you and your attorney effectively prepare for your case? Of course, before you or your lawyer know what the accident report says, you need to obtain a copy of it. Different jurisdictions have different methods of getting car accident reports to affected individuals. Indianapolis is no different. We will explain exactly how you can obtain a copy of your own Indianapolis police accident report. How Do I Know If I Need an IMPD Accident Report? Whether you will need an IMPD car accident report depends entirely on which law enforcement agency responded to your accident. You will need to make your request through the agency of the reporting law enforcement officer. So, if your accident happened within Indianapolis city limits, you will need to contact IMPD to get a copy of your report. Conversely, if your accident happened in unincorporated Marion County or on an interstate highway, you would need to contact the Marion County Sheriff’s Department or the Indiana Highway Patrol. This piece will focus specifically on obtaining IMPD accident reports. Requesting Indianapolis Accident Reports Online One way you can get car accident reports in Indianapolis is through an online portal. The online portal is not administered by the city of Indianapolis itself. Instead, IMPD contracts with a private company to manage all police reports, including car accident reports. The service is called BuyCrash. To obtain a copy of your accident report through BuyCrash, you will need to fill out an application on the BuyCrash web portal. There, you will need to provide the following information: Your first and last name, The state in which the accident occurred (IN), The local jurisdiction in which the accident occurred (listed as INDIANAPOLIS PD), The date of the accident, The location of the accident, The accident report number. Reports from BuyCrash typically cost $11 by default. They may cost more if the relevant police department charges more, but the fees cannot exceed any state-imposed limits. BuyCrash can email you a copy of the report or send it via USPS. If you don’t know the relevant information by heart, don’t worry. The responding law enforcement officer should have given you a card after responding to your accident. That card should contain all of the relevant information, including the responding officer’s name or badge number. If you never got the card or can’t find it, you can call IMPD’s non-emergency line at 317-327-3155 for help. If you have trouble with the web portal, consult BuyCrash’s detailed instructions or chat with a customer service representative. Obtaining Your Indianapolis Police Accident Report In-Person The second way you can request and obtain your IMPD crash report is in-person. The process is relatively straightforward. All you have to do is visit the IMPD office located at 50 North Alabama Street, E100, Indianapolis. The office is open between the hours of 8 am and 4 pm, Monday through Friday. You will need to provide the following information to make a successful request: Your first and last name; The date and approximate time of the accident; The state, city, and location of the accident; and If you have it, the name of the investigating officer. If you don’t know the name of the investigating officer, the people working at the IMPD office can help you. In some cases, just your first and last name is enough to pull up your report. IMPD reports requested in-person cost $12. Get the Compensation You Deserve At Gerling Law Injury Attorneys, we have helped victims of Indianapolis car accidents get the compensation they deserve. If you didn’t break it, you shouldn’t have to buy it. And that’s why we are here. Over the years, our experienced team of car accident attorneys has helped people recover from just about every type of car accident imaginable. It doesn’t matter if the accident is big or small, we are here to help. Whether you need help understanding the contents of your accident report or are having trouble negotiating with the insurance company, we are here for you from start to finish. You deserve the best results possible, so go with the experienced team that can deliver those results. Go with Gerling. Call Gerling Law Injury Attorneys today or contact us online to book your free consultation!

Oct 18, 2021 | By Gayle Gerling Pettinga | Read Time: 5 minutes | Car Accident

What Is the Average Settlement for a Car Accident in Indiana?

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...

Sep 23, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Car Accident

GEICO Car Accident Settlement Amounts in Indiana and Kentucky

If you’ve been injured in a car accident with a driver insured by GEICO, you may have questions about the company and its claims process. Here is everything you need to know about filing a claim with GEICO and how our experienced personal injury attorneys can help. About GEICO While you may be familiar with GEICO’s famous commercials, its company history may surprise you. GEICO, which stands for Government Employees Insurance Company, was established in 1936 primarily for military service members and federal employees. In 1974, GEICO extended its insurance policy offers to the general public and is now one of the largest insurers in the country. While GEICO initially offered only property and life insurance, it now focuses on auto insurance. What Is the Average GEICO Car Accident Settlement? Since many settlements made with insurance companies like GEICO are confidential, it’s nearly impossible to determine the average settlement. Even if you calculate an average from publicly available data, it would not accurately reflect most settlements with the company. In addition, there are a variety of factors that affect the value of each settlement. For example, the average GEICO car accident settlements for crashes involving broken bones may be drastically different from those involving paralysis or traumatic brain injuries. Generally, the only way to know the true value of your claim is to have an experienced personal injury lawyer review your case. Should I Contact the GEICO Claims Department After an Accident? You should file your claim with GEICO as soon as possible after the accident. However, there are a few things you need to be careful of when pursuing your claim. First, make sure you do not provide any statements to GEICO’s insurance adjuster. The goal of the adjuster is to find any reason to minimize or deny your claim, so they may use anything you say against you. They may tell you that they need a recorded statement to proceed with the claims process. If this happens, politely decline and contact one of our GEICO car accident attorneys. Second, don’t agree to early settlement offers. Insurers commonly make the claims process a hassle, hoping that you accept a low offer out of desperation to pay bills. While the offer may seem good at first, it may not be enough to cover future medical treatment costs or other expenses related to the accident. Finally, don’t attempt to negotiate your settlement amount without an attorney. Companies like GEICO have entire legal teams to intimidate claimants into accepting a low offer. An experienced car accident lawyer knows the tactics used by GEICO to deny a claim and will gather the evidence needed to make a persuasive case. How Long Does It Take for GEICO to Settle a Claim? The amount of time it takes for GEICO to settle a claim depends on the circumstances of the case. Generally, insurance companies make their first settlement offer within just a few weeks after receiving the claim. However, these initial offers usually undervalue the claim. For cases involving a lawsuit, it may take months or even a couple of years to get a fair settlement. In addition, if GEICO refuses to settle, the company may try to fight you in court. At that point, it’s up to the jury assigned to the case. How Long Does It Take GEICO to Send a Settlement Check? After agreeing to settle, GEICO should send the check within 2 to 7 days after signing the settlement release. However, adjusters often do not send the settlement check promptly. If you have a lawyer handling your case, GEICO typically sends the check to them. They then use the check to pay any outstanding medical bills or attorney fees. Once your lawyer addresses these payments, you’ll receive the remaining amount. Do GEICO Car Accident Settlement Calculators Give an Accurate Estimate? In a word, No. Online calculators don’t give an accurate estimate for GEICO car accident settlements. There are many factors that affect a GEICO personal injury settlement that calculators ignore, including: The severity of your injuries, Future medical treatment costs, and Pain and suffering. While most calculators focus on economic damages (such as repairing your car) associated with your claim, they often ignore the intangible aspects of your injury. What if you can’t participate in one of your usual hobbies because of your injuries? What about your pain, suffering, and emotional distress? Do your injuries require lifelong care? Lawyers use various methods to calculate the value of intangible or noneconomic damages. The most common is the per diem method (assigning a value to each day the person is incapacitated) and the multiplier method (multiplying economic damages by a number between 1 and 5, depending on the severity of the damages). Some of the damages are incalculable and subjective. And many personal injury cases include non-economic losses like this. For this reason, a GEICO settlement calculator can’t accurately assess the value of most claims. The Benefits of Working with One of Our Lawyers While it’s not necessary to hire a lawyer for your car accident claim for every case, it’s absolutely essential for cases involving serious injuries. At Gerling Law, our personal injury attorneys help clients navigate all the major steps in a claim, including: Identifying the party responsible for your injuries, Gathering the necessary evidence for your claim, Collecting medical documentation of your injuries, Finding and interviewing accident witnesses, and Negotiating with GEICO and other insurance companies. When you get into an accident, handling these aspects of your claim may be overwhelming and intimidating. Our goal is to fight for the compensation you need, so you can focus on recovery. If you or a loved one sustained an injury in a car accident, call Gerling Law today or contact us online for a free consultation. We proudly serve clients living throughout the states of Indiana, Illinois, and Kentucky. Go with Experience. Go with Gerling. ®

Jul 6, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Car Accident

8 Tips for Hiring a Lawyer After a Car Accident

We all know that car accidents are an unfortunate reality of daily life. Yet no one ever plans to be one of the approximately 4.4 million Americans who are seriously injured in car accidents every year. Nor do most people think about the fact that car accidents are a leading cause of death for people under the age of 55. So if you’ve been in a car accident, your life has probably been turned upside down. When that happens, you need a lawyer to help you get your life back on track. And not just any lawyer. Here are 8 tips to keep in mind so you know when to hire an attorney after a car accident. Tip #1: When to Hire an Attorney After a Car Accident Unless your car accident caused no injuries and little or no property damage, we strongly recommend that you consult an attorney. There are several reasons for this. For one, even minor fender-benders can result in expensive damage to your property, a pile of medical bills, and even lost wages. Second, an attorney has the legal expertise to serve as your advocate, help you understand your case, and work to maximize your compensation. They will also be familiar with how to persuade judges and juries in your favor. Tip #2: Don’t Wait to Get an Attorney Sometimes people will wait to hire an attorney after a car accident because they’re worried about finances or want to try to figure things out on their own. Do not make this mistake. Getting a car accident attorney right away helps you preserve your legal options. Most states have a time limit called a statute of limitations that restricts your ability to file a claim after a certain period of time. So if you wait too long, your claim might be thrown out of court even if it is otherwise sound. Getting a lawyer immediately also helps protect you from being low-balled by insurance companies or hassled by any other third parties (like the other side’s attorneys). Tip #3: Do Your Research First Not all attorneys are created equal. Some are experienced, while others are just out of law school. Others may have a lot of experience in another area of law, but won’t be very familiar with car accident claims. And some attorneys just have a bad reputation. For these reasons and more, it is important to research the attorneys in your area before contacting any of them. Look for attorneys that have outstanding reviews and years (or decades) of experience handling car accidents. Another good idea is to reach out to family and friends and learn about their experiences with local car accident attorneys. And while you can use online reviews, make sure that any reviews (positive or negative) are from verified customers, and not from anonymous sources. Tip #4: Consider What Size Law Firm You Are Looking For Attorneys can either practice on their own or as part of a firm. Law firms range in size from having just a handful of attorneys to having hundreds of attorneys. There are advantages and disadvantages to both small law firms and large law firms. Generally, small law firms are likely to give you more personal attention. However, they are sometimes limited in the kinds of cases that they offer and can vary in quality. Larger law firms tend to have legal specialists and the resources to prosecute more complex cases. At the same time, large law firms are more expensive and also more likely to charge an hourly rate as compared to working with you on a contingency basis. Tip #5: Prepare for Your Consultations Make sure you are professional, courteous, and thorough when you consult with an attorney. No matter what kind of attorney you speak with, they will have questions about your claim. Be ready to discuss the critical facts of your case and show the attorney any evidence you have. Tip #6: Speak with Several Attorneys Before Hiring One It’s essential to find an attorney that you can trust and be completely honest with. If you are able to get along with your attorney, it will make their representation smoother and more effective. Occasionally, an unsavory attorney might try to pressure you into hiring them before you consult with other potential firms. Avoid this kind of attorney at all costs. Also, make sure that you don’t sign any documents during a consultation unless you fully understand and agree to them. Tip #7: Ask the Right Questions Before you hire any car accident lawyer, you need to ask several critical questions: What are the various potential outcomes for your case? Does the lawyer prefer to settle your kind of case or litigate in court? How long will it take to resolve your case? Does the attorney charge on an hourly basis, or on a contingency basis? How much does the attorney charge? How will the lawyer communicate the progress of your case with you? How long has the attorney been handling car accident claims? By asking these questions, you’ll quickly get a sense of whether the attorney is right for you. Tip #8: Set Boundaries When you hire a car accident lawyer, it’s important to explain your expectations. Even the most skilled attorney won’t be able to guess how much you expect to receive from your case. Therefore, it’s best to discuss the following issues with your attorney: Your ideal outcome for the case; The minimum amount you are willing to settle your case for; The worst possible outcome of your case; and The potential disruptions to your life because of the lawsuit. By having these conversations, you can hopefully get a realistic sense of how your case will unfold. Why Should I Choose Gerling Law? Gerling Law is not just any law firm. Our experienced car accident lawyers know how difficult it is to put the pieces of your life together after a car accident. Unlike many other attorneys, we have decades of...

Jun 30, 2021 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Car Accident

Steps to Take After an 18-Wheeler Truck Accident

Following a collision with an 18-wheeler, you may find yourself in a tough position. You may feel overwhelmed and confused as you face serious injuries and deal with financial strain. If you’ve been involved in a truck accident, you should take certain steps to preserve your right to fair compensation. Gerling Law is here to help get you on the path to recovery. Call 911 The very first thing you should do after a truck accident is call 911. Be sure to request assistance from police and medical aid. Officers will quickly arrive at the scene of the accident. They will ask questions, survey the scene, and collect as many details as possible. The officers will then take that information and create a police report. Police reports can play a significant role in your claim, as they answer many common questions and provide much-needed information. Your truck accident lawyer can use the accident report when building a strong case. Seek Medical Attention If injuries are severe, you will likely receive medical treatment at the scene of the accident. However, even if you do not get medical help immediately after the accident, you must seek medical attention as soon as possible. There are a couple of reasons to always seek medical attention. First, you may have serious injuries without knowing it, as some injuries are not obvious right away and may take some time to become evident. Visiting an emergency room or your primary care physician can shed some light on all of your injuries, and allow you to begin treatment right away. Second, if you wait to see a doctor, the defendant or their insurance company can use that to claim that you were not injured in the accident, but some time afterward. The bottom line is that waiting to see a doctor can weaken your case. It is also essential you follow every step and piece of advice your physician gives you. If you skip steps or refuse to follow treatment, the defendant can assert that you made your own injury worse by not following medical advice. This can also weaken your case. Everything is recorded in your medical records. If you follow your doctor’s orders, these records can help strengthen your case substantially. Collect Evidence If at all possible, begin collecting evidence as soon as possible. This can include: Driver information, Truck information, Photos and videos, and Witness information. If your injuries cause you to miss work, be sure to document all of your lost wages. Once more documentation becomes available, including accident reports and medical records, your 18-wheeler accident attorney can request these items to use for your case. Consult with an 18-Wheeler Accident Lawyer Your health and safety are first and foremost. Once you have sought treatment for your injuries and are ready to proceed, you should consult with a qualified truck accident lawyer. Your attorney will collect details of your accident, answer your questions, and explain how to best tackle your claim. It can be extremely challenging to handle your claim alone, so let a truck accident attorney help you. How a Truck Accident Attorney Can Help You are not required to have an 18-wheeler accident lawyer represent you, but you will certainly find the help invaluable. Truck accidents are unique and complicated, and only a truck accident lawyer knows how to handle the ins and outs of these special cases. You can expect your attorney to handle your claim from beginning to end, including: Gathering evidence; Conducting a thorough investigation; Interviewing experts and witnesses; Calculating damages; Communicating with insurance companies; Engaging in settlement negotiations; and Taking your case to trial if that becomes necessary. Most claimants that get attorneys to negotiate on their behalf end up settling out of court. In other words, most cases never go to trial. But to avoid a trial, you need an experienced negotiator in your corner. And if the insurance company will not make a fair offer, you need an attorney to take your case to trial. Having the help of an 18-wheeler accident lawyer often proves to be the best decision you can make after a truck accident. So do not hesitate to contact an attorney right away. Call Gerling Law Today Gerling Law Injury Attorneys has been putting clients and their needs first for over five decades. We are motivated by the opportunity to serve clients and help them get the best possible resolution for their case. Our firm’s top priority is quality—quality service, legal representation, and relationships. Our attorneys are always ready to do what’s necessary to get the job done. Contact us today, and let’s discuss how we can help you. Go with Experience. Go with Gerling. ®

Jun 11, 2021 | By Gayle Gerling Pettinga | Read Time: 3 minutes | Car Accident

Is a Passenger in a Car Accident Entitled to Compensation?

If you were injured as a passenger in a car accident, you deserve justice just as much as any other victim. In fact, passengers rarely have any fault in a motor vehicle collision, potentially making an even stronger case for you to recover compensation for your injuries and other damages. The process for pursuing a car accident settlement as a passenger can be confusing. An experienced personal injury lawyer can provide the answers and information you need with regard to car accident settlement payouts for passengers. In Indiana, Illinois, and Kentucky, Gerling Law has more than five decades of experience fighting for the wrongfully injured. We have the knowledge and experience you need on your side now. Typical Car Accident Settlement Amounts for Passengers Because every accident victim faces unique challenges and circumstances, it is impossible to estimate any average car accident compensation amount. To determine your claim’s value, your attorney will identify all your physical, emotional, and financial damages. After documenting all damages you suffered, your attorney will use that information to establish the value of your car crash claim. Although we cannot accurately estimate any average or typical claim value, it is safe to say that more serious injuries usually equate to higher car crash claim values. For example, the average settlement for car accident back and neck injury claims is generally higher than settlements for less serious injuries. It is important to note that even minor car accident settlement amounts can provide the financial resources you need to obtain medical treatment and get back on your feet. Talking to an experienced car accident lawyer is the best way to determine whether you have a valid injury accident claim and, if so, what the potential value of your claim might be. Who Should an Injured Passenger Sue for a Car Accident? Victims typically pursue an injury accident claim or lawsuit through the at-fault party’s insurance company. This may be the driver of the other vehicle or a third party, but it might be the driver of the car in which you were riding. If that person is a friend or family member, this could create a potentially uncomfortable situation. Nevertheless, you are entitled to recover compensation for your damages. Having an attorney to handle your claim can provide a helpful buffer between you and your loved one, should you have to pursue your claim through their insurer. Ideally, your attorney can negotiate a fair settlement so you can put this unfortunate situation behind you. What If a Passenger in Your Vehicle Is Injured? If you have an accident in which someone is injured, you should get them and yourself to a safe place, then call the police to report the crash. Make sure you and they seek medical attention as soon as possible. Do not admit fault or discuss the circumstances of the accident with your passengers or any other party, even if you believe you might have caused or contributed to the accident. Provide your passengers with your insurance information, but don’t discourage them from pursuing a claim. Instead, contact an attorney to learn what your legal rights and obligations might be to your passengers and anyone else who sustained injuries in the collision. How Much Can Someone Sue for a Car Accident Passenger Injury? Typically, injury accident victims are entitled to pursue compensation from the party or parties who were responsible for the crash. Victims may pursue compensation for both economic and non-economic damages. This might include medical treatment and care, lost wages, pain and suffering, etc. The nature and extent of a victim’s injuries can affect their potential claim value, as can their prognosis for recovery. Any long-term injuries or permanent damage could result in a higher claim value. The best way to determine how much you or another party might be able to sue for is to contact an experienced attorney. An attorney can review the details of your case and explain how they can help protect your legal rights. How Can a Car Accident Attorney Help? If you sustained injuries in a car crash that wasn’t your fault, talk to an experienced attorney as soon as possible. Investigating your case and documenting your damages should occur as quickly as possible. This enables your attorney to submit your claim to the insurance company and start negotiating your settlement. If the insurance company won’t make a reasonable settlement offer, your attorney may recommend filing a lawsuit in civil court. The experienced legal team of Gerling Law understands how important it is to get your case resolved as quickly as possible, so you can get the resources you need to recover. We offer a free case review, so you can explore your options and get started with the legal process. Contact us now to learn more about how our skilled and compassionate car accident attorneys can help you pursue your passenger car accident claim. Go with Experience. Go with Gerling. ®

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 4 minutes | Car Accident

Injuries in 18-Wheeler Accidents vs. Car Accidents

If you suffered injuries in a car accident with an 18-wheeler, you could be facing some difficult challenges. The harsh and intense nature of trucking accidents often leaves victims with severe or life-threatening injuries and permanent or long-lasting damage. Your road to recovery could be long, painful, and expensive, especially if you need extensive treatment and time away from work. If the accident wasn’t your fault, you could be entitled to pursue a legal claim for your damages. However, this area of the law is complex and can be especially difficult to navigate on your own. Having an experienced 18-wheeler accident attorney on your side can be invaluable. In Kentucky, Indiana, and Illinois, the experienced truck accident lawyers at Gerling Law understand what you are going through. We can help you with every facet of the legal claims process, fighting to get you the compensation you deserve for your injuries, lost wages, and other damages. What Makes an 18-Wheeler Accident Worse Than a Car Crash? Any large, commercial vehicle can be difficult to maneuver or stop in an emergency. The size and weight of commercial trucks, including semi-trucks, tractor-trailers, and 18-wheelers, often cause significant damage and injuries to drivers and passengers of personal vehicles. In addition to the increased risk of injury and damage, trucking accidents can be more difficult to document for a legal claim. Getting an attorney on board as soon as possible can go a long way toward leveling the playing field for accident victims. Trucking companies face significant penalties and legal liability in the case of an accident. Consequently, getting to the scene and gathering evidence should begin immediately to ensure the preservation of evidence. In the case of a car crash, you typically only have to deal with another driver and their insurance company. In an 18-wheeler accident, you must deal with the driver, the trucking company, and possibly multiple other parties. Any involved insurance companies will act quickly and aggressively to minimize both legal and financial liability. The insurance company may try to negotiate a small settlement with you immediately, hoping to keep your claim as small as possible. They may also look for any potential reason to deny your claim or minimize your damages. Common Causes of Car Accidents with 18-Wheelers In the tri-state area, semi-truck accidents occur frequently when truck drivers are negligent or commit wrongful actions. Some of the most common types of driver actions that lead to crashes include the following: Speeding, Impaired driving, Fatigued driving, Distracted driving, Reckless driving, Tailgating, Illegal lane changes, and Failure to yield. Truckers also may fail to notice your vehicle and back or turn their truck into your car unexpectedly. Inexperienced drivers and those without appropriate training may be more prone to causing injury accidents. In some cases, 18-wheeler crashes occur due to equipment failure or improperly maintained equipment. In other cases, poorly marked or maintained roadways, road construction, or roadway obstructions can lead to these serious motor vehicle collisions. Whatever the cause of your crash might have been, an experienced lawyer can work to get you the compensation you deserve for your damages. What Should You Do After Getting into an Accident with an 18-Wheeler? Immediately after a collision, get to a safe place and call 911. Seek medical attention for yourself and any passengers. If you can do so safely, gather information about the truck and the driver and collect contact information from any witnesses. Take photos of the vehicles and the accident scene, if possible. Going to the emergency room or hospital is imperative to ensure you get the treatment you need in a timely manner. You will also need the resulting medical records to help support your legal claim. Do not provide any statement to the insurance company before talking to an attorney. Anything you say to the insurance company could be used to deny your claim. Most truck accident lawyers—including those at Gerling Law—offer a free consultation. We have options for teleconferences as well as video conferences, so you can get the legal assistance you need right away. What About Accidents with Other Types of Commercial Trucks? These words of wisdom apply to any accident with a semi-truck, tractor trailer rig, or 18-wheeler, as well as dump trucks, cement mixers, flatbed trucks, moving vans, etc. If you are involved in an accident with a truck owned by a government agency—such as a city, township, county, state, etc., you may be subject to a different set of rules, depending on where the accident took place. You may have to file your claim more quickly than you otherwise would as well, based on the statute of limitations and tort claim notice statute in that state. Having an attorney on your side is one of the best ways to ensure that you don’t compromise your legal right to pursue a damage claim or civil lawsuit. Should I Hire a Truck Accident Lawyer? Although you have no legal obligation to get a lawyer, an experienced attorney can provide substantial advantages versus trying to pursue a claim on your own. Trucking companies need to avoid liability claims as much as possible, otherwise they face expensive insurance rate increases. They could also face sanctions from governmental agencies that oversee the transportation industry. You can plan on facing down a legal team that understands the law and how to minimize or deny injury accident claims. With an experienced attorney on your side, you can level the playing field. You need financial resources to pay for your medical care. If your injuries prevent you from working, you may also need serious help paying for your household and living expenses. Your attorney can investigate the crash, gather evidence, and build the most persuasive case possible. In most cases, your attorney can negotiate a fair financial settlement with the insurance company. This gets you the funds you need while helping you avoid the hassle and time necessary for going to court. Throughout the process, your attorney will handle everything,...

Feb 11, 2021 | By Gayle Gerling Pettinga | Read Time: 5 minutes | Car Accident

Examples of Wrongful Death Cases

Losing a loved one is a difficult thing for anybody. Losing a loved one due to someone else’s negligence can be even harder. Lives are cut short every day for many reasons, but losing a loved one in an accident caused by someone else’s negligent actions is especially tragic. When such an event happens, the family of the person who died is entitled to compensation. Wrongful death suits occur when someone who has lost a loved one due to someone else’s negligence files a claim against the individual responsible for the death. In 2019 more than 170,000 people lost their lives in the US from accidents or unintentional injuries. In fact, such accidents are the third leading cause of death in the US. While accidents happen in an almost infinite number of different ways, some wrongful death causes are more common than others. Here are some examples of wrongful death causes. Car Accidents There is no way to ignore the fact that driving a vehicle can be dangerous. While many of us may go years without getting into a car accident, others are not so lucky. Many wrongful death lawsuit cases happen each year after fatal car accidents. Generally, if a driver’s negligent actions cause a death on the road, they are liable for the wrongful death. The number of car accident fatalities each year may surprise you. More than 38,000 people die in car accidents each year. In 2020, while there was less traffic volume than normal due to the COVID-19 pandemic, the number of vehicle fatalities rose. Some experts say that the increase in fatalities was due, in part, to increased rates of speeding in the US. If a loved one dies after a car accident that someone else negligently causes, you are entitled to compensation through a wrongful death claim. Some of the most common causes of death after car accidents stem from things like: Brain injuries, Neck injuries, and Internal bleeding. The two best things you and your loved ones can do to avoid suffering a fatal injury in a car accident are wearing your seatbelt and avoiding distractions while driving. Defective Products Defective products lead to numerous wrongful death claims each year. Most consumer products producers are responsible for ensuring consumer safety as long as their products are used as intended. Some products are inherently dangerous, but other times, a consumer product can have a fatal defect. For example, a cooking utensil that leaches deadly chemicals into food as it is used as intended can lead to a wrongful death claim against a manufacturer. Similarly, a safety feature in a vehicle that doesn’t work properly, like a seatbelt that comes unbuckled easily in an accident, can easily cause fatal injuries and leave the manufacturer liable for wrongful death claims. Even an inherently dangerous consumer product, such as a gun, comes with an assumption of safety with proper use. A defective part in a gun that causes a chambered round to go off without the user pulling the trigger can easily lead to a wrongful death claim. When a manufacturer of goods is made aware of a dangerous defect in their product, they are responsible for notifying the public of that defect and recalling any defective products. They are also responsible for replacing those products free of charge. Boeing became responsible for numerous wrongful death claims after a design flaw caused some of their 737 Max commercial aircraft to crash in 2018. Since then, in addition to settling wrongful death claims, Boeing has recalled and replaced all of the affected 737 Max airplanes. If you want to keep track of any consumer product recalls to help ensure your safety, the US Consumer Product Safety Commission (CPSC) is the best place to do so. The CPSC website contains a database of all consumer product recalls. You can even subscribe to the CPSC to get a newsletter of product recalls relevant to you. Workplace Accidents Unfortunately, many accidents happen in the workplace. While all employers must provide their employees with a safe workspace, some employers fail to do so. Even an employer who takes all necessary precautions can have a fatal accident occur at their workplace. In addition, some jobs and workspaces are more dangerous than others. For example, a construction site will typically be more dangerous than an average office. While the vast majority of workplace injuries are nonfatal each year, the number of fatal injuries is still significant. Employers in the US reported 2.8 million nonfatal injuries in 2019. During the same period, however, a total of 5,333 workers died due to workplace injuries. If a loved one dies after a workplace accident, you can file a claim through their employer’s workers’ compensation program. Most employers in the US are required to maintain workers’ compensation insurance. However, if a loved one dies due to negligence by someone other than their employer or coworker, or if the employer did not carry workers’ compensation insurance, you may be able to seek additional compensation through a wrongful death claim. Medical Malpractice Medical malpractice commonly gives rise to wrongful death claims. Medical malpractice is estimated to take roughly 250,000 lives each year. Generally speaking, medical malpractice occurs when an error in medical treatment leads to injury. If the patient dies due to a medical error, their loved ones are entitled to compensation through a medical malpractice wrongful death claim. To file a successful wrongful death claim based on medical malpractice, one must prove that the death was caused by a medical provider’s mistake that amounts to a violation of the medical standard of care. Pedestrian Accidents Another common source of wrongful death claims is pedestrian accidents. Unlike when a car strikes another vehicle, when a car strikes a pedestrian, the pedestrian does not have the protection that a vehicle offers. Thus, a pedestrian receives the full force of impact when a car strikes them. As a result, it is not uncommon for injuries to a pedestrian after being struck by...

Dec 28, 2020 | By Gayle Gerling Pettinga | Read Time: < 1 minute | Car Accident

Taxotere Trial Schedule Update December 28, 2020

December 28, 2020 — “The Court selected certain Plaintiffs to proceed with discovery in preparation for the fourth bellwether trial.” Reference: “United States District Court.” MDL – 2740 Taxotere (Docetaxel) Products Liability Litigation | Eastern District of Louisiana | United States District Court, 28 Dec. 2020, www.laed.uscourts.gov/case-information/mdl-mass-class-action/taxotere