Merrillville Car Accident Attorney

You drive your car safely and expect other motorists to do the same. Unfortunately, a driver is negligent and slams their car into yours. This leaves you with damage to your car and an injury. At this point, you can hold the liable motorist accountable by partnering with a Merrillville accident attorney. 

Theodoros & Rooth, P.C. opened our doors in 1988. Since that time, we have helped many auto accident victims recover damages as part of insurance claims and injury lawsuits. We are here to assist you with your car crash case. Request a consultation with auto collision lawyers representing injury victims in Northwest Indiana. 

Liability for a Car Accident

If you are involved in a car accident in Merrillville, IN, the other driver could be liable. For example, a motorist takes their eyes off the road. They do not see your car and, as a result, crash into it. In this situation, meet with a Merrillville car accident lawyer as soon as you can following the accident. A Merrillville auto accident law firm could help you seek compensation through an insurance claim or injury lawsuit against this driver. 

There are times when a motorcyclist, trucker, government entity, mechanic, or another third party can be held responsible for an auto collision. To figure out who is at fault for your crash, discuss the incident with a Merrillville car accident law firm. A Merrillville auto accident lawyer can ask you questions and learn about your collision. They can identify any liable parties and help you pursue damages from them. 

Ultimately, poor road conditions can increase traffic accident risks. In the same way, many other factors can contribute to an auto collision. Car accident lawyers understand that every auto crash is unique. They can examine your crash in detail. Once a car accident lawyer figures out who is at fault for your collision, they may encourage you to file an insurance claim or pursue compensation through an injury lawsuit. 

How a Car Accident Insurance Claim Works

The Indiana Department of Insurance has auto insurance requirements for drivers. If you drive a car anywhere in the state, you must have insurance coverage. This provides financial protection in the event of an accident. 

Car accident attorneys can help you submit an insurance claim following your accident. Indiana auto insurance coverage is considered “at fault.” Based on this, you can notify your insurer about your collision. Next, your insurance provider can connect with the other party’s insurer. Together, these companies can determine who is liable for your accident. 

A car accident attorney can discuss your auto collision with an insurance company. This can minimize the risk that you could take responsibility for the accident and hurt your chances of getting compensation. 

Car accident law firms can negotiate insurance settlements for their clients. It is generally a good idea not to negotiate with an insurance company alone. Otherwise, you could wind up accepting a settlement that is far less than what you have suffered in losses. 

A car accident law firm works diligently to help their clients receive fair compensation through an insurance claim. Unfortunately, an at-fault party or their insurer can contest your claim. Either party could say you are responsible for your accident. This can prevent you from getting the damages you need to recover financially from the incident. 

If an insurance claim is unsuccessful, an auto accident lawyer could help their client recover damages via an injury lawsuit. They can submit a lawsuit in alignment with Indiana law. From here, they can gather evidence to help you determine fault in a car accident and prove to a judge or jury that you are in no way liable for your collision. 

When to File a Car Accident Lawsuit

Per Indiana Code § 34-11-2-4(a)(1), you may have up to two years from the date of an auto collision to pursue damages from a liable party.  To understand how this works, consider an example. 

A motorist is driving while distracted and crashes their vehicle into yours. Within two years of the date of your accident, you can seek damages from the distracted driver for any crash-related losses. Beyond two years, you may be solely responsible for losses associated with your collision. 

Auto accident lawyers understand Indiana’s personal injury statute of limitations. They can explain how it applies to your case. If you want to seek damages via a lawsuit, your attorney can do so before the statute of limitations expires. 

What to Expect If You File an Auto Accident Lawsuit

An auto accident attorney can share details about the most common injuries caused by rear-end collisions and other information relating to your case. Once your lawsuit is filed, your lawyer serves as your legal representative and advocate. They look for ways to compel a judge or jury to award you full damages. 

As part of their efforts, your lawyer can collect evidence on your behalf. Proof you can use in your auto collision lawsuit can include:

• Accident scene photos and videos
• Medical records
• Witness statements
• Pay stubs
• Police reports

Auto accident attorneys understand the value of evidence. If you have plenty of proof, it may be clear to a judge or jury that you should not be held responsible for any of your accident-related losses. Plus, your evidence could help you secure 100% of the damages you are requesting. 

Damages You Can Receive in Your Auto Accident Lawsuit

Auto accident law firms can provide details about how seemingly normal behaviors can lead to distracted driving. Furthermore, an auto accident law firm may encourage you to ask for economic and non-economic damages following your car collision. Reasons why a judge or jury could award damages include:

• Medical bills
• Lost income
• Pain and suffering
• Car repairs or replacement

How you build your case can have far-flung effects on your ability to recover damages. If you have a strong argument, the defendant in your lawsuit may be inclined to settle. They could propose a reasonable settlement, and if you accept it, you can close your case without having to go to trial. 

How Comparative Fault Applies to Your Case

Based on Indiana Code § 34-51-2-5, you could recover a portion of the damages you request in your auto accident lawsuit if you are found to be partly to blame. Merrillville car accident lawyers can provide a detailed explanation of comparative fault. They can share examples that highlight how a judge or jury could reduce your damages depending on your percentage of fault. 

With comparative fault, if you are 1-50% to blame, you may have your damages reduced. For example, a judge or jury may say that you are 20% liable for your auto collision. If this happens, you may recover 80% of the damages you initially sought. 

Also, you may be barred from getting damages if you are primarily to blame for your auto crash. For instance, a judge or jury finds you are 51% liable for your crash. You are more at fault than the other party. Therefore, you may be ineligible to secure damages. 

Filing a Merrillville Car Accident Wrongful Death Claim

Sadly, a family member can die in an auto collision due to no fault of their own. You and your loved ones could experience severe emotional and psychological trauma as you cope with the loss of your family member. Suing for damages may not be a consideration at this time. Yet, Northwest Indiana wrongful death attorneys may be able to assist you and your family during this challenging time in your lives. 

By meeting with Merrillville car accident attorneys, you can receive insights into wrongful death claims and how they work. A personal representative of the estate of a deceased person (decedent) may be eligible to submit a wrongful death claim. This representative could be a spouse, child, parent, or grandparent of a deceased individual. 

In a wrongful death claim, your lawyer handles your legal matters. They can pursue justice and damages for you and your family. Meanwhile, you and your family members can focus on caring for one another. 

Tips to Help You Recover Maximum Damages in an Auto Accident Lawsuit

Do not take the legal process for granted. If you do, you risk making mistakes as you seek damages. These mistakes can make it difficult to recover damages from any parties responsible for your auto collision. 

When in doubt about what to do as you cope with the ramifications of an auto collision, request legal help. Merrillville car accident law firms can explain your legal options. A Merrillville auto accident attorney may provide many tips to help you recover the most damages possible, including:

Continue to Treat Your Injuries

Go to the doctor and follow their treatment recommendations. Attend follow-up medical appointments and keep track of your healthcare expenses. When you work with Northwest Indiana catastrophic injuries lawyers, they will account for your current and future medical bills. These lawyers can help you secure damages that will serve you well long into the future. These damages can cover any medical treatments you need to manage your injuries.

Be Careful About What You Post on Social Media

Merrillville auto accident law firms want their clients to do everything within their power to avoid helping an at-fault party or their insurance company build a body of evidence. If you publish photos or videos about your auto collision and injuries on social media, this content may be publicly accessible. Thus, a liable party or their insurer could access it and try to use it in their case against you. Avoid this scenario altogether by staying off of social media for the time being. You can also share accident and injury updates with family and friends via phone and video calls, emails, and texts in lieu of social media.

Do Not Speak to an At-Fault Party or Their Insurance Company

Merrillville auto accident lawyers have no qualms about discussing your case with a liable party or their insurance company. Regardless, a liable party or their insurer could reach out to you directly in the hopes that you will say something that could be used against you. Rather than risk saying anything that could damage your case, err on the side of caution. Notify your attorney if an at-fault party or their insurance carrier contacts you. Your lawyer can advise you on what to do next. 

Be Open to Settlement Negotiations

A Merrillville auto accident attorney can negotiate a settlement prior to your trial date. If you receive a settlement offer, you do not have to approve it. On the other hand, it can be helpful to discuss the proposal with your lawyer. You and your attorney can weigh the pros and cons of any decision you make regarding a settlement. If a settlement falls short of what you want, you can decline it without incurring any penalties. Alternatively, if you believe a settlement is fair, you can approve it, get compensation, and resolve your case. 

Share Your Legal Concerns and Questions with Your Lawyer

Legal proceedings can be overwhelming. If you are uncertain about what to do as you go through the legal process, ask your attorney for guidance. Your lawyer can give you information about proof of financial responsibility and other relevant legal topics. They can help you make informed decisions as your litigation moves forward. 

In addition to these things, do not wait to file your claim. By submitting your damages request as soon as you can after your auto collision, you could get compensation to cover your accident-related losses in the near future. 

Partner with Merrillville Car Accident Lawyers Who Aggressively Protect Their Clients’ Legal Rights

You do not have to go through the process of submitting an auto insurance claim or personal injury lawsuit by yourself. The legal team at Theodoros & Rooth, P.C. has more than 100 years of combined experience. We can apply our legal experience, knowledge, and insights to your auto collision case. By doing so, we can give you an advantage as you seek damages from any at-fault parties. For more information or to schedule a case consultation, contact us today.