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When you’re involved in a personal injury situation, your health should be a top priority. You may have slipped on a puddle at a store or struck another vehicle while driving. As you heal, however, legal ramifications might arise from opposing parties. As personal injury lawyers in the Fort Wayne, Indiana region, Myers & Wallace, LLP can help you understand your personal injury situation and resolve it in a timely manner.
Being struck by another vehicle while you’re stopped at a traffic signal is a situation where you had no control over the injuries you’ve sustained. In fact, the accident wasn’t your fault at all. However, the offending driver might be defending their actions as justified. They simply don’t want to pay for your damages. You need a legal representative who can help you through all of the legal hurdles involved in an accident. In some cases, you might be able to win damages to pay for your auto and medical bills.
If you suffer a preventable injury in Indiana, you can take steps to protect your health, your rights, and your chance to recover compensation. Here’s what you can do to build a stronger personal injury case:
In Indiana, you usually have two years from the date of your injury to file a personal injury lawsuit. This two-year limit applies to most types of injury cases, including those that involve car accidents, slip-and-falls, dog bites, and assault or defamation. If you wait too long to sue, the court will likely dismiss your case, and you will lose your chance to collect compensation.
Some types of cases follow different rules. For example, if you’re suing for medical malpractice, you have two years to file unless the injured person was younger than six, in which case they have until their eighth birthday. In defective product cases, the deadline is also two years, but for asbestos injuries, the filing window doesn’t start until you find out about your injury.
In rare cases, Indiana law gives you more time to file. That might happen if you didn’t know about your injury right away or if the person who caused the injury leaves the state or hides what they did.
If you share some blame for your injury, Indiana’s modified comparative negligence rule still lets you recover compensation as long as you’re not mostly at fault. Under this rule, you can still collect money from other parties as long as you are 50 percent or less at fault. If you’re 51 percent or more to blame, you are barred from recovering compensation from other at-fault parties.
The courts decide how much fault to assign to each party in personal injury cases involving multiple responsible parties. Then, they will reduce your compensation based on your share of fault. For example, if the court decides you are 25 percent at fault, it will reduce your compensation award by 25 percent.
If another party tries to reduce your compensation by claiming you were partially or entirely responsible, a lawyer can help you respond to those claims and protect your rights.
The personal injury claims process can feel overwhelming, especially while you’re trying to heal and deal with everyday life. A personal injury lawyer can step in and help you by:
Businesses must be diligent about caring for their customers. If there’s a wet floor, a sign must be placed in the area so everyone can avoid bodily injury. Slipping on a floor or striking your head on a fixture at a business is possible cause for a personal injury lawsuit. Medical bills and lost wages might also be involved. It’s only fair that the business cover these costs if there was poor signage or other neglect involved.
Whether you have a mild or severe injury, any accident involving another party or on a commercial property could be cause for legal proceedings. Working with our attorneys allows you to have legal protection while you heal and figure out your situation. With proper representation, it’s possible to receive compensation that’s fair in your case. Contact us today at 260-424-0600, so we can give you the proper representation.
Myers & Wallace, LLP helps with a wide variety of legal needs throughout Indiana. If you need assistance for a case relating to employment law, civil rights, criminal defense or personal injury call us at 260-424-0600 so we can get started on developing your personalized strategy.
