The value of your car accident claim depends on several factors: the severity of your injuries, medical expenses (both current and future), lost wages, the impact on your quality of life, and so forth. Some damages are easy to calculate (hospital bills, rehabilitation costs, and property damage, etc.); others are harder to determine (pain and suffering, emotional distress, etc). An experienced Indianapolis car accident attorney can provide some guidance as to what you expect to receive on your claim.

Other factors may also affect your claim value. Indianapolis’s pure comparative negligence system adjusts compensation based on your percentage of fault in the accident. Additionally, factors like insurance policy limits, long-term effects of the injury, and the strength of evidence play a crucial role in determining your claim’s worth. 

Speak to an experienced Indianapolis personal injury lawyer to learn about your claim: 877-769-5377.

In Indiana and Indianapolis, the general statute of limitations for filing a personal injury case is two (2) years from the date of the injury. This applies to most personal injury claims, including car accidents, slip and falls, truck accidents, and dog bites.

There are exceptions to this statute, however. If the injury wasn’t immediately apparent, the clock may not start until the injury is discovered or should have been reasonably discovered in some cases. Minors’ two-year period begins on their 18th birthday; they have until their 20th birthday to file a claim. Claims against some government entities may involve earlier deadlines.

Call the team at Powless Law Firm, P.C. to begin the process of filing your claim, and gain the peace of mind that comes from working with a team with more than 25 years of experience in Indianapolis personal injury law. Gather your medical records and speak to one of our Indianapolis personal injury lawyers to begin your claim: 877-769-5377.

Not necessarily. Indiana follows a comparative fault rubric.  If the other driver was more at fault, you may have the same rights to receive medical treatment, have your car repaired, and be compensated for pain and suffering; however, if a jury or arbitrator determines you are at fault, your compensation will be reduced by the percentage of fault you are assigned. For example, if your claim is worth $100,000.00 but a jury determines you are 20% at fault, you will receive $80,000.00.

The driver of the car that caused the accident is the first person to whom you would make a claim. If the driver was drunk, you can also look at bringing a Dram Shop claim. This is a claim that alleges a bar overserved a person. If it can be proved that a bar negligently overserved its patron before he/she left, the bar can be responsible for the accident.

Additionally, if the drunk driver is operating someone else’s vehicle, you may be able to bring a claim against the owner of the vehicle. The claim is for negligent entrustment. If the owner of the vehicle knew of the driver’s drinking and still permitted that he/she operated the car, the owner can be held responsible for entrusting the vehicle to the drunk driver.

There may be a few situations where the other driver’s insurance does not cover your losses. If that insurance company claims you are at fault for the accident, they may not pay for your damages. In that situation, you need to file a lawsuit against the other driver to have a jury or arbitrator determine who is at fault. Once a jury or arbitrator rules that the other driver is at fault, the other driver’s insurance will have to pay your damages.

The other situation where the other driver’s insurance policy does not cover your losses can be if the insurance at issue has expired or lapsed. If the other driver has allowed his/her insurance coverage to expire or has failed to make the payment, the insurance company may not cover your damages. In that situation, you should check with your car insurance to see if you have:

1. Collision coverage and
2. Uninsured/underinsured coverage

Uninsured coverage will pay for your medical bills and your pain and suffering. If you do not have either of these, your only recourse may be to bring a case against the at-fault person. The at-fault driver can not be forced to pay until a judge, jury, or arbitrator makes a ruling. To get a ruling, you will have to file a lawsuit against the driver. After going through the litigation process, you will need a favorable ruling that can be entered as a judgment. Once you obtain a favorable judgment, you can then take measures to receive payment from the at-fault driver, such as garnishing wages, forced sale of the property, etc.

Car accidents in Indianapolis are often caused by preventable factors such as:  

• Distracted Driving: Texting or using a phone while driving is a leading cause of crashes.  
• Speeding: Excessive speed contributes to severe injuries and fatalities.  
• Failure to Yield: Ignoring traffic signals or right-of-way rules frequently leads to collisions.  
• Unsafe Lane Changes: Reckless driving behaviors cause thousands of accidents annually.  
• Driving Under the Influence (DUI): Alcohol or drug impairment remains a major factor in serious crashes.