Indianapolis Personal Injury Lawyer Guiding Victims Toward a Brighter Future
Suffering injuries due to another person’s careless behavior can turn your life upside down. With over 25 years of experience representing victims throughout Indiana, Attorney Steven E. Willsey understands how devastating an accident can be. Our team of legal professionals is dedicated to handling car accident and other personal injury matters on behalf of victims and their families. We can provide you with the personalized, compassionate, and diligent legal counsel that you need and deserve. Whether you were recently involved in a collision or you are already embroiled in a dispute with an insurer, we are ready to assist you with fighting for the compensation to which you are entitled.
Steven Willsey has obtained many settlements and verdicts in the millions of dollars, and he personally assists each client who retains our services. He is dedicated to protecting the interests of the ordinary working person against giant companies that try to deny them what they are due. He is a member of the Million Dollar Advocates Forum, Best Attorneys of America, and Top 100 Trial Lawyers, as well as holding an AV rating from Martindale Hubbell. His work as a personal injury attorney in the Indianapolis area benefits from his experience as an FBI Special Agent, which boosts his ability to uncover critical information during the investigation of a case.
If you are injured in a car accident, you likely can bring a negligence claim against the driver who caused the accident to recover compensation for your injuries. In the lawsuit, you have the burden of showing that the defendant did not use appropriate care and attention and that this failure was the cause of your injuries. Common examples of failing to use due care include speeding, driving while intoxicated, texting behind the wheel, and failing to yield the right-of-way. If you can tie the defendant’s carelessness to your injuries, you can receive many types of damages. Victims typically can get compensation for their medical bills and lost income and earning capacity, as well as property damage. They also may be able to receive compensation for the pain and suffering caused by the crash, in addition to other, similarly subjective forms of harm.
Even if a case seems straightforward, getting the compensation that you deserve is not always as easy as you may expect. For example, some defendants and insurers may attempt to argue that the plaintiff was partly responsible for causing the crash. Indiana has adopted a modified comparative fault rule, which states that if a plaintiff is found to be 51% or more at fault for an accident, he or she is barred from recovering compensation from a defendant, even if that defendant also acted negligently. If you were at fault to a lesser degree, you can recover compensation from the defendant in proportion to their degree of fault. Avoiding or limiting the application of this rule thus can have a huge impact on your case, and you should consult a car accident attorney who has the experience and knowledge to craft a strong strategy for you.
Truck accidents are often devastating because these large vehicles can cause massive impacts. Even if you are operating your car as safely as possible, it is easy for a commercial driver to cause an accident if he or she is not paying appropriate attention. According to Indiana law, victims of truck accidents can bring a negligence action against the driver of the truck and the trucking company that employs the driver to seek compensation for their injuries. Truck drivers are required to use appropriate care and skill behind the wheel, which includes complying with state and federal trucking regulations. These laws are designed to make the trucking industry as safe as possible, such as by imposing stricter laws against driving while intoxicated and limits on the number of consecutive hours that a driver can operate his or her vehicle. There are also rules that require truck drivers and trucking companies to perform inspections and maintenance of their vehicles.
If you were involved in a truck accident, it is critical that you consult an experienced Indianapolis personal injury attorney to ensure that you sue all of the parties that may have contributed to your injuries. These may extend beyond the driver to include the trucking company, an entity responsible for loading or maintaining the truck, and a truck manufacturer.
Motorcycle accidents en result in permanent disabilities or even fatalities. Unlike passenger vehicles, motorcycles leave a rider exposed to external objects and forces. If you are injured in a motorcycle accident, you can bring a negligence claim to recover compensation from the driver who harmed you. Motorcycle accidents commonly occur as a result of an at-fault driver’s failure to maintain an appropriate distance from the motorcyclist, failure to yield the right-of-way, or distracted driving. If a driver broke a traffic law in causing the crash, a victim may be able to rely on Indiana’s negligence per se doctrine. According to this rule, evidence of a statute or ordinance violation can create a rebuttable presumption that the defendant acted negligently. (However, your attorney still would need to prove causation and damages.) Meanwhile, a violation of a regulation can be used as evidence to suggest that negligent conduct took place.
Like many other states, Indiana has taken a clear stance against distracted driving activities like texting, surfing the internet, checking social media accounts, or talking on the phone while driving. In recent years, the number of accidents related to distracted driving has increased, including those involving fatalities. If you are injured in an accident involving distracted driving, you can bring a negligence claim based on this careless conduct. In 2011, Indiana adopted a law restricting the use of cell phones for drivers. Younger drivers are banned from all cell phone use, while all drivers are prohibited from texting while driving. A personal injury lawyer in the Indianapolis area can help you investigate your accident to determine whether distracted driving may have been involved.
Driving under the influence of alcohol or drugs is a crime in Indiana, and it may be charged whenever a driver has a blood alcohol content of .08 percent or greater. Evidence from a criminal proceeding may be admissible to show a defendant’s intoxication in a drunk driving accident case. This is clear proof of negligence, so the contested issues in these cases often relate to the extent of the victim’s damages. We can help you gather evidence to prove the full scope of the past, present, and future effects of the accident. Retaining doctors and vocational experts often can help a victim demonstrate their anticipated medical costs and lost earning capacity. Since drunk driving is such an egregious, socially undesirable behavior, victims may be able to pursue punitive damages in addition to compensatory damages. These are meant to punish the defendant and send a message that this conduct is not tolerated.
If you lose a loved one in a fatal car accident, there is no amount of compensation that can truly make up for what you have lost. The sudden and violent nature of the accident can make it difficult to preserve your legal rights and to ensure that you obtain the justice that you deserve. While you are coping with your loss, an Indianapolis personal injury lawyer can fight for your right to compensation. Indiana’s wrongful death statute allows the personal representative of the decedent’s estate to file a wrongful death claim on his or her behalf. In the lawsuit, the personal representative must show that the defendant failed to use due care at the time of the accident and that this was the cause of the victim’s death. Any damages awarded to the estate will be used to cover medical expenses, funeral costs, and burial expenses. The decedent’s surviving family members can also claim compensation for the loss of their loved one’s companionship.
Hit and run accidents are particularly complicated because the at-fault party usually does not take responsibility for the damages that he or she has caused. Whether you are dealing with minor injuries and property damage, or a devastating injury, a hit and run accident can be deeply frustrating. Although Indiana law clearly requires drivers involved in an accident to stop and exchange information with the other parties involved, many drivers leave the scene for fear of repercussions. If the at-fault driver has fled the scene, it is important to obtain contact information from any witnesses who may be able to help track down the at-fault driver. If the driver can be identified, he or she probably will face criminal penalties and other consequences. If the driver is never located, you may be able to seek compensation through your insurance carrier.
Although Indiana law requires motorists to maintain a certain level of car insurance, many accidents result in injuries and costs that quickly exceed the parties’ available policy limits. Many insurance companies offer uninsured and underinsured policies to help bridge the gap in these situations. Uninsured motorist insurance applies when a driver without insurance causes you to suffer injuries or property damage, while underinsured motorist coverage provides additional coverage when the at-fault driver’s policy limit does not cover your injuries and expenses. Although this seems straightforward, insurance companies resist approving coverage in many situations, and they do not always have their insureds’ best interests in mind. Even if you have a valid claim, the insurer may dispute it or limit the amount of payments for its own financial gain. This is when enlisting an aggressive personal injury attorney can help Indianapolis residents preserve their rights.
Few things are more disturbing than seeing a child suffer injuries in a car accident, even if the condition will heal over time. Not only could an injury cause the child to need significant medical care, but also it could cause them to experience a great deal of pain and anxiety. If your child was injured due to another driver’s carelessness, you can bring a personal injury claim on your child’s behalf to recover compensation for his or her injuries. Although establishing liability is essentially the same as if the child were an adult, there are some unique rules that apply when compensation is awarded to a minor. For example, the compensation is typically deposited into an interest-earning account until the child reaches the age of 18. The funds can be distributed to compensate any medical expenses or other costs associated with the accident.
Losing a loved one is one of the most life-altering experiences that a person can endure. This is especially true when the victim loses his or her life as a result of someone else’s mistake or misconduct. Indiana law allows the decedent’s estate to bring a wrongful death action against the person who caused his or her death to recover compensation for funeral and burial expenses, as well as reimbursement for medical costs. In the lawsuit, surviving family members can also seek compensation for the loss of their loved one’s companionship, love, and support. Our diligent wrongful death lawyers are ready to help your family seek the justice that you deserve during this difficult time.
Regardless of the type of accident that you or a loved one has suffered, you deserve experienced and knowledgeable legal representation to help you ensure that you receive the full amount of compensation that you are due. Attorney Steven E. Willsey has represented victims and their families in a wide range of accident cases. He can fight vigorously to ensure that you are treated fairly. We represent people in communities such as Lawrence, Speedway, Carmel, Greenfield, Shelbyville, Greenwood, Martinsville, Danville, and Lebanon, and we offer a free, no-obligation consultation at our office, your home, or the hospital to help you learn more about your options. Call us now at 888.783.2500 or contact us online. You have only a limited time in which you can take legal action, so you should act promptly in protecting your rights.No Fee if No Recovery
- Over 25 Years of Exclusive Personal Injury Experience
- Free Consultation -- Home & Hospital Visits Available
- 24/7 Phone Service
- Reduced Attorney Fees
- Verdicts from $13,000 to 5 Million