Car accidents are some of the most devastating types of accidents a person can be involved in. If you have been injured in an accident, you are probably feeling scared and confused about what you should do next.
With this in mind, you can check out the quick FAQ below that provides the answers to some of the most common questions after an injury. Questions that are not answered on this page can be discussed in further detail with your Indiana car accident lawyer.
Will I Have to Go to Court?
There is always the possibility your case will go to court. Many car accident survivors can obtain sizable injury settlements from insurance companies. But there are various reasons that may not be the case for you and your car accident claim.
The important thing to remember is your attorney would not recommend you bring your case to court unless, a) it is in your best interests to do so, and b) they think they can win. If going to court is going to be your best shot at being awarded maximum compensation, what’s holding you back?
How Long Do I Have to File My Claim?
Your lawsuit must be filed before the statute of limitations runs out. The statute of limitations for Indiana car accident lawsuits is two years. Unfortunately, while this may seem like more than enough time to pursue your claim, the more time your attorney has to build a powerful case against the culpable party, the better. You don’t want to risk running out of time to present the best case possible by waiting to get your lawsuit filed.
Can I File a Lawsuit on Behalf of My Child?
Children have the same rights as adults when they suffer injuries in a car accident. If someone else is at fault for their injuries, your child may be entitled to financial compensation. Obviously, they can’t pursue a civil claim on their own. So it’s up to you as their parent or legal guardian to be their advocate.
You can contact a personal injury attorney to be a legal liaison for your child in court. This way, your child can be awarded compensation for all the ways their life has been and might continue to be affected by their injuries in the future.
What Happens If I’m Partially at Fault for the Accident?
Indiana is a modified comparative fault state. This just means sharing fault for an accident doesn’t prevent you from being awarded compensation if you file a personal injury claim. However, you must be less than fifty-one percent at fault to be eligible for compensation. It is also important to note your award will be reduced if you share fault for the accident. The amount of the reduction will correlate with the amount of fault you carry.
For example, if you are twenty-five percent at fault for the accident, you can expect your award to be reduced by twenty-five percent. This can have a substantial impact on the amount your case is resolved at. Make sure you have an attorney who can protect your injury settlement.
Should I Give the Insurance Company a Statement?
Never give the insurance company a statement without legal representation. Insurance companies will always put their needs above that of their claimants. They care far more about protecting their company’s profit margins than they do about making sure you are compensated fairly. Instead, when the insurer asks you for a statement, direct them to your car accident lawyer.