Northwest Indiana Auto Accident Lawyers
Protecting Your Rights After A Car Accident
Car accidents, truck accidents, motorcycle accidents, pedestrian accidents and bicycle accidents all fall under the general category of motor vehicle accidents. These occur on highways, city streets, and even in driveways or parking lots. Approximately 2.5 million people are injured in traffic accidents across the U.S. each year. These collisions can cause catastrophic injuries, from whiplash to severe head trauma, and everything in between. When you need experienced guidance after a serious motor vehicle accident, you can turn to the Northwest Indiana auto accident lawyers at Theodoros & Rooth, P.C. We are here to help you with your claim so you can get the medical care you need, fix your vehicle, cover living expenses and start moving on with your life. With over 110 years of collective experience, our lawyers have the know-how to truly represent your interests.
Call 219-733-8633 for a free auto accident consultation.
Don’t Wait To File Your Car Accident Claim
In the state of Indiana, you have two years to file a claim after a car accident before the statute of limitations runs out. The statute of limitations is a law that determines how long an injured person has to file a claim before they lose their legal right to recover compensation. The statute of limitations can differ depending on the circumstances of your case. If you have any questions about your car accident claim, talk to an attorney at our firm today!
Fault And Motor Vehicle Accidents In Indiana
Indiana uses a fault-based system for car accident claims. A person who holds the majority of the blame for causing an accident can be held liable for the other party’s medical bills and other losses. This may be reduced if the other party was also partially responsible. For example:
- Sam rear-ends Jill’s car on the freeway. Sam is mostly at fault for the collision because he failed to brake in time, but in investigating the accident, it is discovered that Jill only had one working brake light. It is determined that she is 30% responsible, and Sam is 70% responsible for the accident. If Jill’s claim is worth $10,000, Sam would be responsible for paying $7,000 and Jill would be responsible for the other $3,000.
Car accident claims are most often paid by at-fault parties’ auto insurance providers, though additional coverage may be sought from a victim’s own policy or other sources, in some cases. A Northwest Indiana auto accident attorney at Theodoros & Rooth, P.C., can make sure your interests are protected through the claims process so you do not fall prey to an undervalued, delayed or denied claim. We know how to research traffic accidents, gather evidence of fault and present our cases to insurance providers to pursue fair compensation.
What Compensation Can I Recover After A Car Accident?
There are two main types of compensation you will be able to pursue following a car accident, economic and noneconomic damages. Economic damages, also called special damages, compensate for financial losses an injury victim suffers such as current and future medical expenses, and the inability to work. These types of damages are usually easy to quantify since they are compensating for specific numbers.
Noneconomic damages, on the other hand, compensate for more abstract losses, including pain and suffering and emotional distress. Unlike economic damages, quantifying noneconomic damages can be challenging and usually takes an experienced attorney to determine. Given the abstract nature of these damages, noneconomic damages are also called general damages.
There is a third type of compensation called punitive damages; however, they are not often awarded. Punitive damages differ from general and special damages in that their main purpose is to punish a negligent party rather than compensate the injured party. As such, they are often reserved for cases where the defendant knew their actions would cause harm but did so anyway.
Some Other Common Questions From Our Clients
Before you schedule a consultation with us to address every concern you have about your situation, we share below some common questions from our clients. The goal is to provide further clarity about some of the aspects we typically discuss after an accident.
What are the top five causes of a car accident?
Based on one of the most recent reports by Indiana’s government, some of the top causes are unsafe acts by motorists like:
- Running a red light
- Failure to yield right of way
- Driving ill or impaired
- Oversteering or overcorrecting
Although the leading causes of car accidents change statistically every year, the main reason remains on the side of the driver’s actions. Therefore, driving safely and staying alert on the road is vital.
What car accidents should be reported?
According to Indiana law, motorists involved in an accident should report all types of accidents to local law enforcement. It further adds that motorists should inform the local police about the accident and request their intervention if accidents occur in municipalities. If the accident happened outside any municipality, notify the county sheriff or nearest law enforcement department.
Is it good to get an attorney for a car accident?
Yes. After an accident, you will likely be speaking to individuals who know the law and may even try to hold you responsible for the accident and protect their interests. If you have an experienced personal injury lawyer to even the playing field, you can protect your rights and even maximize the compensation you receive. Having an attorney with you is also crucial if you are suffering the consequences of a catastrophic injury and losses.
After a car accident, how is fault determined?
Fault is determined based on negligence. A party must prove that the negligent motorist failed to provide reasonable care any motorist would take while on the road. In addition, the negligent driver may not have complied with the established duties. For example, motorists whose actions or omissions led to an accident damaged other parties, but there may be more than one negligent party. Indiana is a modified comparative fault state, and motorists found to be less than 50% at fault for the accident may be eligible to recover compensation.
How long do I have to file a claim after a car accident in Indiana?
You have two years after the date of the accident to file a claim. After such a period, the courts will not hear your case. However, we recommend filing your claim as soon as possible. Evidence may be lost, and witnesses or even you yourself may forget essential information and facts of the accident that could be crucial for the recovery or maximization of your compensation.
Start Seeking Your Compensation Today
The sooner you reach out to our committed and skilled team, the sooner you can secure the compensation that you deserve for your injuries. Let us fight for you while you focus on your health after the accident.