When there is an accident in Indiana, it is always best to understand what the law says about personal injury and possible compensation that can be accrued to the victim. This article provides you with vital details to ensure you are filing the right personal injury claim in Indiana.
What Do Personal Injury Claims in the State of Indiana Entail?
Personal injury attorney Steve Fleschner of Fleschner, Stark, Tanoos & Newlin Law Firm says, “In Indiana, the law provides that any injury resulting from a car accident qualifies as a personal injury.” However, that is not all. For example, injuries from slips and falls, scooter accidents, and dog bites also qualify as personal injury. “If your injuries affect your body or mind or cause you emotional distress, they can qualify for a personal injury claim in Indiana. Victims in any of these instances should note that compensation is only measured based on the damage caused to them, not necessarily on property. This is because there is another law in the state that provides for and governs property damage.”
Knowing When to File a Personal Injury Claim
Accidents on the road can be life-changing or altering. Depending on the accident’s severity, medical costs may be expensive due to severe injuries. You may also have to spend time away from your work and loved ones. The wages lost from work and time away from family can leave you in a tough financial situation. Indiana law understands this and allows for victims of accidents to get compensation when they file a claim within the stipulated time. By the applicable statute of limitation in the state, the time frame provided to file a personal injury claim is two years, after which the case becomes statute-barred. Cases involving claims against the state, county, city, governmental entity, or a minor child, have different deadlines.
What Are the Appropriate Steps to Take To File Your Personal Injury Claim?
One of the recommended ways to handle personal injury cases is to follow the right steps. This will not only save you time but also prevent mistakes. The most important step is to document the scene as much as possible by taking detailed pictures and videos. You will need to ascertain your eligibility to make a claim before completing a comprehensive analysis of any physical, emotional, or psychological injury you may have suffered and the treatment costs.
When eligibility is ascertained, certain vital information must be provided:
- A comprehensive overview of the accident stating how and when it occurred
- Facts that show the accident was a direct result of the negligence or actions of the other party
- Details of medical examinations, analysis, and treatments
- Evidence that was collected at the accident scene, proof of medical bills, and other pieces of evidence that can help establish your case
The Role of Legal Representation in Personal Injury Claims
Navigating a personal injury claim in Indiana can be complex, making legal representation a crucial factor in securing fair compensation. While some individuals attempt to handle claims independently, an experienced personal injury attorney can help streamline the process, ensuring all legal requirements are met. Attorneys can assess the merits of a case, gather crucial evidence, and negotiate with insurance companies, which often try to minimize payouts. Additionally, legal professionals understand Indiana’s comparative fault rule, which could reduce compensation if the victim is found partially responsible for the accident. With legal guidance, claimants increase their chances of receiving the compensation they deserve while avoiding potential pitfalls that could weaken their case.
Conclusion
In Indiana, it is essential that you know how to file your case within the provisions of the law to get the compensation that is due to you. Additionally, it’s critical to consider that there is a 2-year statute of limitations deadline to file your case. Cases involving the state, county, city, governmental entity, or minors have different filing time limits.
