Injury Attorney Northwest Indiana

If you suffered an injury caused by someone else’s negligence, you may feel uncertain about how to seek compensation for your losses. An experienced injury attorney in Northwest Indiana can guide you through the process of holding the responsible party accountable. Contact Theodoros & Rooth, P.C today to schedule a free consultation and learn how we can help you recover the compensation you deserve.

Types of Personal Injury Cases We Handle

Northwest Indiana sees a variety of personal injury cases caused by negligence, unsafe conditions, or defective products. Below are the most common types of personal injury claims and how they affect victims. Each case requires a thorough investigation to determine how the accident occurred and who may be held accountable. Here are some of the most common types of cases we represent:

Northwest Indiana auto accident lawyer: Motor vehicle accidents are among the most frequent causes of personal injury in Northwest Indiana. These car accidents often result from driver negligence, involving distracted driving, speeding, reckless driving, or failing to yield the right of way. Driving under the influence of drugs or alcohol is also consider negligent, often leading to both criminal charges and civil lawsuits.
Northwest Indiana truck accident lawyer: Truck accidents are disproportionatly more severe compared to passenger car accidents due to their size and weight. As such, truck accidents are more likely to be fatal or cause catastrophic or disabling injuries. Trucking companies may be held liable if companies pressure drivers to work excessive hours, leading to fatigue-related crashes. In addition, drivers may overextend themselves or use prohibited medications to stay alert.
Northwest motorcycle accident lawyer: Motorcycle riders are particularly vulnerable due to their limited protection and smaller vehicle size. Victims often sustain devastating and catastrophic injuries, particluarly traumatic brain injuries (TBIs), nerve damge from road rash, and spinal damage.
Northwest Indiana premises liability lawyer: Premises liability claims involve injuries caused by unsafe property conditions, such as slip-and-fall accidents. Common causes include wet floors, poor lighting, loose carpeting, or broken stairs. These hazards often result in serious injuries, including fractures, head trauma, or spinal cord damage.
Northwest Indiana unnecessary surgeries lawyer: Unnecessary surgeries tend to occur when a patient is misdiagnosed, the doctor does not understand other treatment methods, or the patient was not fully informed about alternative treatments. In rare cases, the hospital may recommend an unneccesary surgery to increase billings costs to insurance.
Northwest Indiana medical malpractice lawyer: Our firm focuses heavily on medical malpractice claims. When your healthcare provider’s negligent actions have such a profound impact on your life, you can demand justice.
Northwest Indiana birth injuries lawyer: Birth injuries involve medical malpractice concerning harm sustained by the mother or baby during labor or delievery. While some minor injuries heal, several birth injuries can have serious and long-term consequences including erb’s palsy and crebral palsy.
Northwest Indiana wrongful death lawyer: In the event a negligent accident has led to the loss of your loved one, filing a wrongful death claim can hold the responsible party accountable. While no compensation can ease your loss, fighting on their behalf may prevent the same negligence from harming others and provide your family a small amount of closure.
Northwest Indiana catastrophic injuries lawyer: Catastrophic injuries are characterized by the debilitating and/or permanent nature of the damage. Some examples of catastrophic injuries may be traumatic brain injuries, paralysis from a spinal cord injury, or the loss of a limb. Due to the extreme nature of catastrophic injuries, medical evidence is strictly scrutinized. In addition, the financial stakes are higher to cover exorbitant medical expenses,
Northwest Indiana nursing home negligence lawyer: Nursing home abuse and neglect can consist of a wide range of physical and emotional trauma. Vulnerable residents may experience serious bed sores from being left in the same position, bruises and fractures from physical abuse, and mental anguish from being humiliated or threatened.
Northwest Indiana construction accidents lawyer: Construction sites are inherently hazardous due to heavy machinery, elevated work areas, and exposed electrical components. Industrial facilities may pose risks from equipment malfunctions or exposure to toxic substances. Unsafe working conditions, such as a lack of safety equipment or poor training, are often contributing factors.
Northwest Indiana brain injury lawyer: Damage to the brain can cause significant cognitive, motor, and behavioral chages that may last months or years. In severe cases, the brain damage may be permanent and lead to the diminished quality of life for sufferers.
Northwest Indiana product liability lawyer: Product liability cases arise when defective or unsafe products, including medical products, cause injuries to consumers. Common examples include malfunctioning medical devices, unsafe household appliances, or contaminated food products. These defects can lead to burns, lacerations, infections, or long-term health complications.

Proving Liability in Personal Injury Cases

Establishing liability in personal injury cases requires demonstrating that the at-fault party acted negligently, resulting in harm to the victim. Negligence involves proving four key elements: duty of care, breach of duty, causation, and damages. Evidence such as eyewitness statements, photographs, and expert testimony often plays a critical role in building a strong case.

Personal injury cases can present unique challenges when determining liability. For instance, accidents involving multiple parties, such as truck crashes or product defects, may require extensive investigations to identify all responsible parties. Addressing these complexities effectively requires a thorough understanding of Indiana personal injury law and careful attention to detail.

Damages You May Be Entitled to Recover

Victims of personal injury cases in Northwest Indiana may recover a variety of damages to compensate for the physical, emotional, and financial toll of their injuries. These damages fall into two categories: economic and non-economic. Below is an overview of each type of damage and examples of what may be included in a personal injury claim.

Economic Damages

Economic damages compensate for the measurable financial losses you suffered due to your injuries. These damages are intended to reimburse out-of-pocket costs and losses that directly result from the accident. Below are examples of economic damages you may be entitled to recover:

Medical billsrelated to the accident
Lost wages if you are unable to work
Loss of earning capacity and/or future earnings
Property damage
Prescription medications
Rehabilitation services
Home modifications
Medical equipment
In-home care or treatment
Funeral and burial expenses in the event of a wrongful death claim

Non-Economic Damages

Non-economic damages compensate for the intangible losses caused by your injuries. These damages address the emotional and psychological impact of an accident, as well as the ways it has disrupted your quality of life. Below are examples of non-economic damages you may be entitled to recover:

Pain and suffering
Emotional distress or mental anguish
Loss of enjoyment of life
Loss of consortium
Disfigurement
Loss of independence
Psychological trauma
Shortened life expectancy
Loss of mobility
Cognitive impairments
Social isolation

Laws That Impact Your Personal Injury Case in Indiana

Indiana has several laws that play a critical role in personal injury cases. These laws determine when and how victims can file claims, how compensation is calculated, and what factors may affect the outcome of a case. Below are key laws that may impact your personal injury claim.

Indiana Statute of Limitations

Under Indiana Code § 34-11-2-4, personal injury claims generally must be filed within two years of the date of the accident. This strict deadline applies to most personal injury cases, including car accidents, premises liability claims, and wrongful death actions.

Modified Comparative Negligence

Indiana follows a modified comparative negligence rule, which allows victims to recover compensation as long as they are less than 51% at fault for the accident. Compensation is reduced by the percentage of fault attributed to the victim under Indiana Code § 34-51-2-6.

For example, if you are found 20% at fault for an accident and your damages total $100,000, your compensation will be reduced by $20,000. Presenting evidence that minimizes your liability is essential to maximizing your recovery. Evidence such as photos, witness statements, and expert testimony can help support your claim.

Contingency Fees in Personal Injury Cases

Contingency fees make legal representation accessible to victims of personal injury cases by allowing them to pay only if their case is successful. This arrangement ensures that your attorney is motivated to achieve the best possible outcome for your claim. With contingency fees, you do not pay upfront costs or hourly rates. Instead, your attorney receives a percentage of the settlement or verdict awarded in your case.

Understanding the Personal Injury Claims Process

The personal injury claims process is designed to help victims recover compensation for their losses, but it can involve several steps that require preparation and attention to detail. Below is a step-by-step explanation of what to expect during this process, from filing your claim to resolving disputes through negotiation or trial.

Step 1: Initiating Your Personal Injury Claim

Filing your claim begins with gathering all necessary documentation, such as medical records, police reports, and photographs of the accident scene. This evidence is crucial in establishing liability and demonstrating the extent of your injuries. Once the documentation is compiled, your legal team submits the formal claim to the insurance company or responsible party for review.

Step 2: Engaging in Settlement Discussions With Insurers

After the claim is filed, the negotiation phase begins. This step involves presenting evidence to the insurance company and advocating for a settlement that covers your damages.

Step 3: Preparing Your Case for Court

If a fair settlement cannot be reached, the next step is to prepare for trial. This involves building a comprehensive case with evidence, witness testimony, and expert opinions to present in court. While most personal injury claims settle before trial, being prepared ensures that you are ready to pursue justice if the case proceeds to litigation.

H2: Northwest Indiana Personal Injury FAQ

What should I do if the insurance company denies my claim?

If your claim is denied, the first step is to review the denial letter for the reasons provided by the insurance company. Common reasons include insufficient evidence, disputes over liability, or missed filing deadlines. Once you know the reason for the denial, you may appeal the decision or pursue legal action against the insurance company. This often involves gathering additional evidence or working with experts to strengthen your case.

How is compensation calculated in personal injury cases?

Compensation in personal injury cases is determined by evaluating both economic and non-economic damages. Economic damages include measurable financial losses such as medical expenses, lost wages, and property damage. Non-economic damages address intangible losses like pain and suffering, emotional distress, and loss of enjoyment of life.

Two common methods are used to calculate non-economic damages: the multiplier method and the per diem method. The multiplier method assigns a number, usually between 1.5 and 5, based on the severity of your injuries. This number is then multiplied by your total economic damages to estimate non-economic compensation. The per diem method assigns a daily monetary value to the pain and suffering you experience, which is then multiplied by the number of days it takes to recover.

Can I still file a claim if the accident happened months ago?

Yes, you may still file a claim as long as it falls within Indiana’s two-year statute of limitations. This deadline begins on the date of the accident or the date the injury was discovered. If the statute of limitations has passed, you may lose your ability to recover compensation. Exceptions may apply in rare circumstances, such as cases involving minors or delayed discovery of injuries.

Get Help From a Dedicated Injury Lawyer in Northwest Indiana

When you suffer an injury due to another person’s carelessness, you have the right to hold them accountable and recover compensation for your losses. Our injury attorney Northwest Indiana law firm with Theodoros & Rooth, P.C. can provide the support and advocacy you need to focus on healing while we work to protect your legal rights. Call us today or fill out our quick contact form to schedule your free consultation and take your first step toward financial recovery.