Indianapolis Lawyer Dedicated to Helping Accident Victims
Steve Willsey, Attorney at Law, has represented numerous victims of car crashes and other preventable accidents in the Indianapolis area since 1983. A sole practitioner who is 100% devoted to those who have suffered injuries or wrongful death due to others’ negligent conduct, Steve personally handles each case because he understands that each client deserves his full attention.
In addition to receiving the prestigious “AV-Preeminent” Martindale-Hubbell rating from his peers, Steve has also been recognized by “Best Lawyers in America” and is a member of the “Million Dollar Advocates Forum.” He does not simply accept whatever amount an insurance company offers to an accident victim. His willingness to see cases through to trial when necessary has sometimes resulted in jury verdicts as high as $5 million.
Steve has three assistants who help him in asserting the rights of accident victims. Sonya has 17 years of paralegal experience. Debi graduated from Purdue University and is primarily responsible for all litigation matters. Kelli is Steve’s daughter. She is a student at Ivy Tech majoring in Paralegal Studies.
Pursuing Damages through a Negligence Claim
Steve Willsey’s exclusive focus on injury litigation means that he is familiar with the nuances of negligence law, which covers cases arising from someone’s failure to do what was reasonably prudent under the circumstances. The four elements of negligence – duty, breach of duty, causation, and damages – are the building blocks upon which most types of personal injury lawsuits are based.
In motor vehicle accident cases, for example, the appropriate duty is determined by what a reasonable person would have done in the defendant’s position when facing the same situation. This usually means obeying traffic rules and behaving in a way that refrains from posing foreseeable risks of harm to others. In medical malpractice cases, expert testimony is usually required to establish the professional standard of care that a physician, nurse, or other health care provider owed to a certain patient.
After it has been proven that the defendant owed the plaintiff a duty and that the defendant breached that duty with some careless conduct, the remaining steps of a negligence case are proving that the plaintiff’s harm was proximately caused by the defendant’s breach of duty and that the plaintiff suffered actual damages. This means that the accident was a direct, foreseeable result of the defendant’s negligence, and that the costs and losses that arose from it are reasonably quantifiable rather than speculative. Damages may include not only objective costs, such as property damage, lost wages, and hospital bills, but also items that may be harder to calculate, such as future medical expenses and pain and suffering.
In situations when both the defendant and the plaintiff contributed to an accident, the rule of comparative fault reduces the plaintiff’s compensation award in proportion to his or her fault, up to 50%. If a plaintiff is found to be 51% or more at fault, he or she does not recover anything.
There is a strict statute of limitations in Indiana for filing personal injury claims, which is usually two years. After that period has expired, a victim is generally barred from seeking compensation. It is also a good idea to pursue legal action as soon as possible so that critical evidence does not disappear or the memories of witnesses fade.
Consult an Injury Attorney in Indianapolis to Protect Your Rights
People who have been hurt in a truck accident in Indianapolis or elsewhere in Indiana may need to enlist a lawyer to explore their options. You can contact the law firm of Steve Willsey to set up a free consultation by calling 317-783-2500 or completing our online form. We will be glad to secure a copy of the police report from your car accident case at no charge, and we do not charge our clients for negotiating property damage settlements for the loss of a vehicle. To make sure that we are available to our clients 24/7, we offer weekend appointments and home or hospital visits if necessary. We serve accident victims throughout Indiana, including in Shelby, Johnson, and Morgan Counties.