PERSONAL INJURY FAQs
What's meant by statute of limitations?
Statute of limitations refers to the need to file a lawsuit within a time limit. In Indiana, most injury cases, such as auto accidents or slip-and-fall claims, have a two-year statute of limitations, but not all. Some lawsuits, such as lawsuits against the government require a notice within a shorter period of time. The time begins to run when a cause of action accrues. A good example is someone negligently running into your car. The statute of limitation begins on the day of the accident. This issue can become more complicated, however. Sometimes, you have no way of knowing that you have a cause of action for years, such as discovering ill effects from taking a medication or being exposed to chemicals. It is important to seek the advice of an attorney and doctor if you suspect that you are having problems but don't know for sure if it relates to the negligence of another or an unreasonably dangerous product.
Who will pay the doctor bills and fix my car if the other person has no insurance?
Even if the other driver doesn't have any insurance, you may still be covered. Check with our office. We can look at your auto insurance policy and advise you whether there is coverage for your property damages and medical bills. Optional coverage for medical payments and uninsured motorist coverage, for example, may provide coverage to compensate you if you are involved in an auto accident with someone who has no insurance.
Can I talk to you about my case for free?
Absolutely. We are more than happy to talk with people about their case, without charging a fee for the consultation. Even if it is a case that we are not able to take for some reason, we can often make suggestions about what the caller can do, or refer them to other legal resources that may be able to provide assistance.
What am I entitled to recover after an accident?
You may be entitled to a number of different types of damages under Indiana law. Some of the more common types of damages in accident cases are: reasonable and necessary medical expenses, lost earnings, reduced earning capacity in the future, future medical expenses and prescriptions, pain and suffering, and permanent impairment.
How much will I have to pay for you to handle my case?
Like most personal injury law firms, our fee is taken as a percentage of the recovery that is made and paid at the time of settlement. If a lawsuit is filed on your behalf, the percentage usually increases, due the increased amount of work required in prosecuting the lawsuit. However, if we are unable to recover money for you, you do not pay us anything. The actual fee charged in your case will depend on the circumstances of our case, and can range anywhere from 20%-40%.
How much money is my auto accident case worth?
Your case is worth either what you agree with the insurance company it's worth or the amount of a cash award by a jury following a trial. We examine all of the conditions surrounding your case in order to arrive at a figure that we believe the insurance company should pay for your injuries. Generally, the dollar value is dependent upon (1) how strong liability is in your case, and (2) the nature and extent of your injuries. Other factors influencing the dollar value of your case are the amount of medical bills, length of treatment, frequency of treatment, future medical bills, permanent disabilities, and whether you had any preexisting medical conditions similar to your current injury. We study every detail so that we can get you the money you deserve for your injuries.
What is UIM and PIP coverage on my car insurance and should I pay for this coverage?
In some states, there are “no fault” laws in place. In those states, if you're hurt in an accident, no matter who is at fault, personal injury protection (PIP) will pay your medical bills, expenses and loss of income. Indiana is not a “no fault” state, so PIP coverage does not apply to accidents in Indiana. However, if an Indiana resident is injured in an accident occurring in a no-fault state, PIP may apply. Uninsured Motorist (UM) or underinsured motorist (UIM) coverage is an optional coverage you may have under your auto policy which protects you if the driver who caused your accident was uninsured or did not have enough insurance—underinsured—to pay your claim. UIM coverage helps make up the difference in a negligent driver's insurance policy limits and the damages you suffered from your injuries. This is important because the emergency room bill alone could easily be many times higher than the $25,000 minimum liaability coverage Indiana drivers are required to carry. When buying car insurance, think seriously about getting UM and UIM coverage. Hopefully you'll never need it, but if you do, it could make the difference in keeping your family afloat while you're recovering.
What if I have already hired another personal injury attorney and I no longer want them to handle my case?
If you already hired another attorney to handle your personal injury or wrongful death case and you are not happy with their services, the first thing you should do is try to work through the problems with that attorney. Lack of communication, disagreement over the amount of a potential settlement, and lack of attention to your case are the reasons we most frequently hear as to why clients are unhappy with their current attorneys. It is very important to be comfortable and confident with your attorney, however. If you have tried, but failed, to work things out, you have the right to switch attorneys. Your prior attorney may assert a “lien” for attorney fees and expenses incurred on your case, but our firm policy is to pay that lien out of our attorney fee if you switch attorneys. In other words, you have the right to switch attorneys and it will not cost you anything to do so.
