When you are involved in a car accident, it can be immensely stressful and disruptive, no matter how minor your injuries and damages may be. There are many unforeseen medical expenses that can arise, and you may even need to stay home from work if your injuries prevent you from performing your usual occupation. Also, you may not know the full extent of your injuries immediately after the crash, leaving you wondering whether you are facing permanent injuries and disabilities. Indiana allows car accident victims to bring a personal injury claim against a distracted or otherwise careless driver who caused the crash to take place. Navigating the legal system and ensuring that you receive the maximum amount of compensation that you deserve can be a daunting task. Indianapolis car accident lawyer Steven E. Willsey and his team of legal professionals have provided reliable and compassionate legal counsel to victims throughout Indiana. We are ready to help you fight for your rights.Protecting Your Right to Compensation Following a Car Accident
There are a few key steps that you can take after a car accident to help protect your rights and to maximize your potential for recovery. First, you should seek prompt medical attention to address your injuries. You may not think that you are seriously injured, but it is important to be examined to rule out any injuries that are not immediately identifiable, or that cannot be identified without medical assistance. Also, you should call the authorities to obtain an accident report and collect contact information for any witnesses to the accident. This information will be helpful in proving liability. To assert your right to compensation, you will need to file a personal injury lawsuit against the driver who harmed you. You may also be able to make a claim with the driver’s insurance carrier, or your own insurer if you have uninsured or underinsured motorist coverage. An experienced car accident attorney in the Indianapolis area can help you perform a thorough investigation of your claim and negotiate with insurance companies on your behalf.
Once you have initiated a lawsuit, you have the burden of proving certain points before you will be awarded compensation. A personal injury lawsuit requires the plaintiff to prove that the defendant acted negligently and that this negligence was the cause of his or her injuries. In general, we each have a duty to use reasonable care, skill, and attention behind the wheel, similar to how a prudent person would act when faced with similar situations. Drivers need to abide by all traffic laws and adjust their driving when facing hazardous situations like severe weather or work zones.
Indiana has recognized the negligence per se doctrine, which allows the plaintiff to use any evidence of statutory or ordinance violations as per se evidence that the defendant acted negligently at the time of the crash. For instance, if a driver was drunk, evidence of their DUI may support a negligence per se claim. Also, an Indianapolis car accident attorney must prove that the defendant’s breach was the cause of the victim’s injuries. The final element of a negligence claim involves damages, which is the amount of compensation that the plaintiff is requesting in the lawsuit, including medical bills, lost wages, and future estimated costs associated with treatment for their injuries. If your injuries are severe and will leave you permanently disabled, it is critical that you obtain enough compensation to care for your future needs. You can also likely seek compensation for the pain and suffering that the crash inflicted on you.Schedule a Free Consultation with a Compassionate Car Accident Lawyer in Indianapolis
Knowing what to do after a car accident and ensuring that you are doing everything that you can to protect your rights can be stressful. Attorney Steven E. Willsey has 25 years of experience and has represented countless injured people in cities such as Indianapolis, Lawrence, Speedway, Carmel, Greenfield, Shelbyville, Greenwood, Martinsville, Danville, and Lebanon. He knows what you are experiencing as an injured driver or passenger and can provide you with the compassionate and responsive legal counsel that you deserve. To schedule your free consultation, call us now at 888.783.2500 or contact us online.