Indianapolis Electric Scooter Injuries: Can I Sue?

Indianapolis Electric Scooter Injuries: Can I Sue?

Electric scooters have become an increasingly popular mode of transportation in urban areas around the country. Indianapolis has seen around 3,000 electric scooters enter the streets within the last year and it’s likely that more will be coming soon. Although these scooters are a fun and convenient way for pedestrians to get from one destination to another, they can also be dangerous and lead to injury. 

Electric scooters can travel at a speed of up to fifteen miles per hour. When riders aren’t following proper safety measures or when drivers aren’t vigilant behind the wheel, people can suffer from injuries. If you were riding on an electric scooter and were injured because of someone else’s negligence, an Indianapolis personal injury lawyer from Kooi Law can help you file a claim.

Electric Scooter Laws in Indianapolis

There are laws that apply to electric scooter riders in order to promote safety when riding. These include the following:

  • It’s prohibited to ride an electric scooter on a sidewalk. 
  • Electric scooters should always be ridden on roadways.
  • All rules of the road should be followed.
  • You must ride with the flow of traffic.
  • Although helmets aren’t required, they’re recommended. 
  • Electric scooters must be parked with four feet of clearance on sidewalks. 

Aside from laws aimed at the riding of electric scooters, there are also laws that apply to electric scooter companies. Electric scooters have to be equipped with lights, a pedometer, and either a bell or horn. Companies must also carry liability insurance to protect the city in the event that the city is held liable for any accidents.

How Electric Scooter Accidents Occur

Electric scooter accidents can occur for a variety of reasons because electric scooters are new on roadways and many people are adjusting to using these machines as a form of transportation. Although an electric scooter rider may be held liable for their own injuries if they were breaking one of the electric scooter laws while riding, it’s also possible that other parties can be held liable for the wreck.

For example, if an electric scooter rider is riding through a crosswalk and gets hit by a distracted driver, then the driver can be held responsible for the accident. If the rider gets injured due to an electric scooter malfunction, the scooter company can be held liable.

Proving Negligence in an Electric Scooter Accident

Proving negligence in an electric scooter accident will require sufficient evidence showing that your injuries were a direct result of the accident and the accident was caused by an at-fault party other than yourself. Indiana uses modified comparative fault when considering electric scooter accidents, so if you were partially at fault for causing your wreck, you may still have grounds for a case.

Once your percentage of fault can be calculated, this percentage will be deducted from your overall claim value. For example, if you’re found to be 20 percent at fault for causing the scooter accident and your overall settlement is $50,000, then you’ll ultimately receive $40,000. 

Contact an Indianapolis Personal Injury Attorney

Electric scooter accidents are a new occurrence but they’re becoming more prevalent in the world of personal injury litigation. Although these cases may be more complex because there’s a lack of precedent to compare to, your attorney can support you and help you receive the money you deserve for your injuries.

If you’d like to speak with an Indianapolis personal injury lawyer from Kooi Law, call 317-569-1335 or fill out the contact form below to schedule a free consultation.

What to Do After Being Injured on the Job in Indiana

What to Do After Being Injured on the Job in Indiana

When you’re at work, you likely don’t expect a major on-the-job injury. You were just doing your job when the accident happened, and now you’re hurt and unable to work. Unfortunately, you may be unsure what to do after being injured on the job in Indiana.

You will have a chance to recover from your injuries and get the compensation you need, but you’ll need to act now for your claim. If you don’t, you could hurt your chances of getting the full workers comp benefits you need for your recovery.

Get Medical Attention

First, seek medical attention right away for your injuries. Your injuries could be life-threatening, and speedy care can minimize the impact of your injuries.

Even if you feel fine, head to the hospital regardless. Some injuries may not cause much pain, like internal bleeding, but these injuries can still turn deadly. Other injuries may be delayed, which means you may not see symptoms until later. For example, you may have injured your back, but you don’t feel pain until a week or more after the accident.

Additionally, it’s important to get checked out by a doctor to prevent accusations of seeking compensation for an unrelated injury. The insurance company may claim that you were injured in an non-work-related accident, and this doctor’s report will help combat those accusations.

Notify Your Employer

Once you’ve received medical care, your next step is to notify your employer immediately. If you don’t request workers comp benefits within thirty days of the accident, you could be denied the compensation you need to recover.

Once you notify your employer, they’ll need to contact the insurance company and notify them that you’re seeking workers comp benefits. The insurance adjuster will review your claim, investigate the details of your injury, and decide whether you should receive compensation for your injuries.

Once a decision has been made, the insurance company will contact you about your claim with a letter either approving or denying your claim. If your claim is approved, you’ll receive your workers comp benefits soon. If you’re denied, you’ll need to contact a lawyer to discuss your appeal and how to fight for your work comp benefits.

Contact a Workers Comp Lawyer

When you’re hurt at work, you don’t want to leave your case up to chance. You need your workers comp benefits to overcome your suffering and recover, but it’s tough when you don’t know what to do after being injured on the job in Indiana.

That’s why you’ll need a lawyer from Kooi Law to help you overcome your injuries and get your workers comp benefits. Your attorney will review your claim and guide you through it, starting with a free consultation. Even if you’ve already been denied, contact a lawyer for help with your appeal.

When you’re ready to take action for your workers comp claim, reach out for help from our lawyers today. Call 317-569-1335 or fill out the online form below to get started.

Back Pain After a Car Accident: What to Do

Back Pain After a Car Accident What to Do

Back Pain After a Car Accident: What to Do

When you’re involved in a car accident, you might feel fine, at first. You’re a little sore, and your car is damaged, but you’re otherwise OK. At least, you feel fine until your back begins to ache within a few days of the accident.

If you have back pain after a car accident, what can you do? Fortunately, you should have options for what to do about your claim after you’re injured. Seek out legal guidance to see what options are available to you.

Seek Medical Care

First, you need to seek medical attention if you’re experiencing any pain following a car accident. By going as soon as possible, you could protect yourself from worsening injuries. In some cases, such as abdominal pain caused by internal bleeding, this quick action can save your life.

It can also make your claim more viable to insurance companies. If they see that you needed medical care following your car crash, they’ll be more certain that your injuries were connected to your accident. Otherwise, you might even be denied if you waited too long to seek medical attention or failed to seek it at all.

Hospital records will show a detailed account of your injuries, and they can also show the severity and scope of those injuries. You deserve compensation for all the ways your life was affected by your auto wreck, and medical expenses will likely be one of the most impactful factors.

Adding to Your Damages

An auto accident is an expensive experience, and you are likely facing pricey damages after your crash. Fortunately, you should be able to add all your suffering to your claim, physically, mentally, emotionally, and financially.

For example, a back injury may require treatment and physical therapy to strengthen the muscles and repair the damage. If your back pain is serious enough, you might be unable to work. These damages, known as economic damages, can be costly, so you’ll need compensation for these losses.

Unfortunately, pain and suffering can also affect your claim, but it’s not always so easy to calculate. These intangible losses, called non-economic damages, should also be included. However, you may need to seek a lawyer to get the right tools to find the dollar value of your non-financial losses.

Get Compensation with a Lawyer’s Aid

After even a minor car accident, back pain is a real possibility. The force of impact can jar your spine and leave you with troubling and long-lasting pain.

When you have back pain after a car accident, what is there to do about it? Seek out a lawyer from Kooi Law to help you in the wake of a car crash injury. You might need specialized tools to calculate your claim’s worth because full recovery is difficult without compensation to cover things such as your lost wages and medical expenses.

Fortunately, our lawyers can help, starting with a free consultation. Ready to get started? Reach out by calling 317-569-1335 or by completing the online form below.

Who’s Liable for My Injuries in a Bus Accident?

Who’s Liable for My Injuries in a Bus Accident?

Public transit is a great way to get around most cities without worrying about traffic or parking. Unfortunately, it doesn’t mean that you’re exempt from an accident. Buses crash as well, and these wrecks can be devastating.

Who’s liable for your injuries in a bus accident? That will depend on the details of your accident, and often, that can be confusing. You’ll need help with your bus crash, but that can be overwhelming without help. Because it’s so difficult to determine liability, you’ll need an injury attorney on your side.

Reach out if you’re struggling to find the person responsible for your pain. A bus crash is complex, so get help when you’re injured.  

Employer Liability in Your Bus Wreck

First, bus accidents aren’t like your typical car accident, where a driver is usually responsible for your damages. Instead, it’s important to remember that a bus driver is at work. Because they’re on the clock, they may not be financially responsible for the accident.

Instead, their employer might be the ones responsible for the expenses. Because the driver is at work, they’re the responsibility of their employer. Unfortunately, this can make finding the at-fault party more difficult, since the employer likely wasn’t at the scene of the accident. Fortunately, a lawyer can help you find the right person to file your claim against after a bus crash.

Indirect Causes of a Bus Accident

It’s important to remember that not every accident is a driver’s fault. In many cases, the bus accident may have been obviously caused by a careless or distracted driver or the bus driver themselves. But what can you do when it seems that something else caused the driver to lose control and crash?

Often, the fault lies with a defect in the road. While buses aren’t as vulnerable to potholes as some vehicles (like motorcycles, for example), one can damage a tire or other part badly enough to send the bus off the road. In other cases, a defect in the road’s design might have left standing water, causing the bus to hydroplane.

These accidents are usually the responsibility of the Department of Transportation, so you’ll need to file your claim against them. They have a duty to maintain the roads and keep them safe. Remember, though, that suing a government agency isn’t easy. You’ll need to file quickly and get an attorney on your side.

If those weren’t the cause, your Indianapolis lawyer may investigate the vehicle itself for faulty parts. For example, if the bus’ brakes went out, the driver may have been unable to stop the bus. In this case, you may need to sue the manufacturer, who’s responsible for ensuring the safety of all their bus parts.

Get Help with Your Bus Crash Injuries

Unfortunately, taking the first step toward your compensation for a bus crash isn’t easy. You need to find the person responsible for your suffering, but that’s not always easy to do. You might find yourself struggling to act and get the compensation you deserve.

Fortunately, our lawyers from Kooi Law can help. We understand how confusing your bus accident may be, and we’re here to help. Reach out for a free consultation, and we’ll discuss who might be at fault and how much compensation you may receive from them.

When you’re ready, reach out for your free consult. Give us a call at 317-569-1335, or complete the following online form.

How to Appeal a Workers Comp Denial in Indiana

How to Appeal a Workers Comp Denial in Indiana

How to Appeal a Workers Comp Denial in Indiana

A serious on-the-job injury can means weeks or even months of recovery. During that time, you’re likely unable to work, and the costs of your medical expenses alone can feel insurmountable. Thankfully, you have workers compensation, and it should cover your accident-related costs, right?

You might have already taken the necessary steps to file your work comp claim, only to be denied. It’s a frustrating situation, but it’s important to know that work comp denials happen frequently.

When you’re struggling after a work accident, you’ll need to know how to appeal a workers comp denial in Indiana. Those benefits will make your recovery possible, and an experienced lawyer can give you the best chance at a successful work comp appeal outcome.

Gathering Evidence

Before you file for an appeal, look at the denial letter you received. You’ll need to know the reason for denial before you begin, as it will guide you in how to prepare. The insurance company should have included this information, but if it’s missing, reach out to a lawyer about taking action against the insurer.

This reason will help you determine what type of evidence you will need. For example, you might be accused of being injured outside of work. You’ll need surveillance footage, eyewitnesses, and reports of an accident and injury to prove you were injured while at work. Your attorney can help you respond to these accusations and reverse the denial decision.

It’s especially important to gather any evidence that your claim wasn’t handled fairly. For example, if you believe your employer didn’t report in time, or if they otherwise weren’t compliant, the Indiana Workers Compensation Board will need to know. Once you have this evidence, you can schedule your first meeting.

Informal Meetings

Discussing your evidence and work comp claim in an informal meeting might be the only necessary step to securing your benefits.

For these meetings, you’ll sit down with your employer and their insurer. You’ll share any additional evidence and discuss the incident with them. If they accept your evidence, they may offer you your benefits on the spot. Fortunately, for many injured Indiana workers, this meeting is all it takes to ensure your compensation.

Your Appeals Hearing

Not all employees are so lucky. Your employer or the insurance company might continue to dispute your claim. In this case, you’ll take your claim to the Indiana Workers Compensation Board. Your claim will be reviewed by a board member, who will then decide whether to uphold or overturn the original denial.

Because this hearing is more formal, you’ll need to work with a work comp lawyer to prepare for your appeal. Your attorney can present your evidence and fight for your case, showing why you should receive work comp benefits. Once both sides have spoken, the board member will decide whether you’ll receive a settlement and how much it’s worth.

Fight for Your Workers Comp Coverage

You’re already struggling because of a work accident. Now, you’ve been denied your workers comp claim, and you’re feeling the financial pressure mounting. You’ll need help learning how to appeal a workers comp denial in Indiana, which isn’t an easy task.

Instead of fighting alone, retain the services of an attorney from Kooi Law. With our lawyers on your side, you’ll have experience on your side. We’ll fight to get your claim appealed so you can focus on a full recovery.

Ready to fight back and get your work comp denial appealed? Reach out for help, starting with a free consultation. We’ll discuss your options and explain how we can help before you agree to work with us. Contact us by calling 317-569-1335 or by completing the online form below.

How to Prove Fault in a Car Accident

How to Prove Fault in a Car Accident

When you’re struck by another driver, you’ll need funds to recover from your injuries and compensate any lost income while you were out of work. Unfortunately, the other driver might not be so willing to settle with you. They might even take it a step further and try to place the fault of the accident on you.

This can have a devastating effect on your claim. In Indiana, if you’re found even partially at fault for the accident, you might not receive the full compensation you need. If you’re considering filing a car accident claim, but you’re worried about proving fault, reach out to a qualified and experienced lawyer to help you fight for the compensation you deserve.

Evidence of Fault

Proving that the other person was at fault will be key, but to do that, you’ll need to gather evidence that clearly shows fault. This evidence might come from sources such as the police officer’s crash report or eyewitnesses to the accident.

Your crash report is available at police headquarters, or you can buy a copy online. This account of your accident will be useful, as it comes from an unbiased officer on the scene, who has the experience necessary to assess the auto wreck.

Any details about your accident can help as well. Someone might have witnessed the crash, for example, or your attorney might contact expert witnesses regarding the details of your injury. By building up your evidence, you can show that the other driver was clearly responsible.

Protecting Yourself from Blame

Although it’s important to focus on the other driver’s part in the accident, you’ll also need to focus on defending yourself from fault. The other driver’s lawyer might try to pin part of the responsibility on you, and if you don’t act to defend yourself, you could be putting your compensation at risk.

If you’re found partially at fault for an accident, your compensation will be reduced by the amount of fault you’re found responsible for. For example, you might have been hit by another driver, but you were texting while driving. You didn’t cause the accident directly, but by being distracted, you were unable to avoid it.

Because of this, you might be held responsible for 30 percent of the accident. In this case, you’ll only receive 70 percent of your total compensation, which means you could be paying for some of your damages without help. If you’re found more than 50 percent at fault, you could be barred from recovery.

A Lawyer Can Help Prove Fault

Proving that you weren’t at fault is vital in a car crash claim. Your compensation is on the line, and without it, you could have trouble fully recovering from your injuries. You’ll need someone with experience proving fault in motor vehicle accidents.

Fortunately, our car accident attorneys at Kooi Law can help. Get started with a free consultation, where our lawyers will explain the accident claim process, and how they can help you achieve a positive outcome. To get started, call 317-569-1335 or complete the online form below.

What Is an Attractive Nuisance Under Indiana State Law?

What Is an Attractive Nuisance Under Indiana State Law?

What Is an Attractive Nuisance Under Indiana State Law?

The attractive nuisance doctrine is a law that holds property owners accountable for injuries inflicted upon children if a dangerous object or hazardous land condition attracts the child to the property in the first place.

While this law does not extend to those who are able to understand the risks of such objects, children under a certain age and maturity level may not have this appreciation and will be put in harm’s way due to an attractive nuisance.

If your child has suffered an injury on someone else’s property because of an attractive nuisance, get in touch with a qualified Indiana injury attorney who can help you hold the property owner accountable for your child’s injuries.

Examples of Attractive Nuisances

Many different objects have the potential to draw a child onto a property. Some of the most frequently seen attractive nuisances that have caused serious injuries in Indiana include the following:

  • Trampolines
  • Equipment at construction sites
  • Swimming pools
  • Railroads
  • Treehouses
  • Electrical towers
  • Skateboard ramps
  • Artificial lakes and ponds
  • Large equipment
  • Playscapes

Property owners will be held liable for the injuries or potential deaths caused by attractive nuisances if they had reason to believe or should have known that children might trespass on their property, when children are not able to understand the risks of the object, and when the property owners failed to take steps to prevent children from being able to access the object or condition in question.

If the landowner had installed fencing around the property, locked up or removed equipment, or taken some sort of measure to ensure the safety of any child who might’ve been drawn to the hazard, the injuries or death could have been prevented. This is why the property owner will be expected to compensate your family for your child’s injuries.

Obtain Compensation for Your Injured Child

When your child has suffered an injury caused by an attractive nuisance, you can file a civil lawsuit against the property owner to recover your damages. These damages might include your child’s pain and suffering or emotional distress, the loss of enjoyment of life, the loss of consortium, medical expenses, funeral and burial costs (where applicable), and a variety of other losses.

You and your attorney will discuss all of the ways in which your child and family have been affected by the injuries your child sustained to ensure that you recover maximum compensation. It will be critical to the success of your case that we consider the expected future impact of your child’s injuries when we are calculating the value of your claim.

Schedule Your Free Consultation

If you need help pursuing compensation after your child has been injured due to an attractive nuisance on the property of a negligent landowner, contact an experienced personal injury lawyer at Kooi Law as soon as possible.

Your attorney will do what it takes to secure the funds your family needs to begin to move forward with your lives. You can schedule your free case review by completing the contact form below or calling our office at 317-569-1335.

Indiana Personal Injury Laws to Be Aware Of

Indiana Personal Injury Laws to Be Aware Of

Indiana Personal Injury Laws to Be Aware Of

If you finally decided to bring a civil lawsuit against those responsible for your injuries, there are certain Indiana personal injury laws you’ll need to be aware of.

This includes how long you’ll have to file your suit, how the insurance company will handle your claim, and what happens when you are partially responsible for the accident in question. Continue reading to learn more about Indiana laws that will apply to your personal injury claim.

The Statute of Limitations

To begin, when you are preparing to file a personal injury claim, you should know that there is a time limit.

In Indiana, the statute of limitations for personal injury claims is only two years from the date the accident occurred or the date you were diagnosed with an injury that stems from the accident you were involved in. This time limit is reduced to to as little as 180 days when your claim will be against a government agency.

Building a winning personal injury case can take time, and you and your lawyer will need as much time as you can get to obtain supporting evidence and consider all of your losses in detail so you don’t settle for less than you’re entitled to. If you’ve decided to hold the liable parties accountable for their actions, act quickly and reach out to an experienced personal injury lawyer who can help win your case.

Your Auto Insurance Coverage

Dealing with the insurance company after you’ve been injured in a motor vehicle accident can be difficult, to say the least. Indiana is a fault state for auto insurance. This means you will pursue compensation for an auto accident through the at-fault driver’s insurer.

This is opposed to a no-fault state for auto insurance, where every driver is required to carry personal injury protection (PIP) auto insurance. PIP allows drivers to file a claim with their own insurance company, which will cover medical expenses and property damage up to policy limits.

How Fault Is Determined in an Accident

In order for your Indiana personal injury claim to be successful, we will need to establish that someone else was at fault for your injuries. Indiana uses modified comparative negligence laws to determine fault in an accident.

If you are partially responsible for the accident, you can still file a claim against the at-fault party, However, your award will be reduced based on the percentage of blame you hold.

For example, if you were awarded a sum of $100,000 but were found to be 25 percent responsible for the accident, you would walk away with a final award of $75,000—25 percent less than your initial award. In addition, once you exceed the 50 percent threshold of liability, you will no longer be able to obtain compensation from the other liable party.

Talk to an Indianapolis Personal Injury Lawyer

Indiana’s personal injury laws are complex. But with an experienced Indiana personal injury lawyer at Kooi Law on your side, you have a better chance of being successful with your case. Contact our office at (317) 569-1335 or fill out the quick contact form below to schedule a free consultation today.

The Five Most Dangerous Intersections in Indianapolis

The Five Most Dangerous Intersections in Indianapolis

The Five Most Dangerous Intersections in Indianapolis

When you’re traveling in Indianapolis, you’ll likely encounter a number of intersections that cause countless accidents and injuries every year. Some intersections are more dangerous than others, but every intersection can pose risks when there are careless drivers on the road.

Although it’s important to drive carefully at all times, if you are going to be traveling in any of the five most dangerous intersections in Indianapolis, you should exercise extreme caution. Read on to learn more about what makes an intersection risky and which streets you’ll need to be extra careful on.

What Makes Intersections Dangerous?

Many factors can make an intersection more dangerous than others. Many intersections have multiple cross streets that go into and out of the area, for instance.

This can cause drivers to not understand who has the right-of-way in each area. Complex intersections cause even greater problems when motorists aren’t driving carefully. Speeding or driving under the influence of drugs or alcohol can exponentially increase the risk of a crash.

Not only are some intersections complicated to drive through, but when an intersection has visibility issues due to misplaced street signs or large barriers or overpasses, it can become dangerous or even lethal for the safest drivers.

Additionally, an intersection will often be more dangerous if the area is heavily traveled by pedestrians and bicyclists but doesn’t have appropriate crosswalks and bicycle lanes.

Indianapolis Intersections with High Injury and Death Rates

When you are driving through any of the following intersections, you are going to want to pay close attention to your surroundings to avoid a motor vehicle accident. These streets have some of the highest injury rates in Indianapolis.

21st Street and Shadeland Avenue

This intersection is surrounded by hotels, restaurants, and shopping centers. With four lanes of traffic running in both directions on 21st and three lanes on each side of Shadeland, there are multiple opportunities for collisions.

Madison Avenue and Stop 11 Road

With grocery stores, gas stations, and drug stores at corners of the intersection, the intersection of Madison Avenue and Stop 11 Road has up to four lanes of traffic, turn signs that aren’t easily read, and no crosswalks on three sides.

38th Street and Franklin Road

These cross streets are not as heavily populated as some, but they are lacking in crosswalks, which puts pedestrians at risk for serious injuries. Franklin and 38th is also an intersection where people frequently travel at a higher rate of speed because there isn’t as much traffic.

86th Street and Keystone Crossing

Keystone Crossing is home to the Fashion Mall at Keystone and is congested with multiple hotels, restaurants, and places to shop. There are many entries and exits at the shopping centers, few crosswalks and bike paths for pedestrians and cyclists, and up to five lanes of traffic going away from the mall with only two going in.

38th Street and High School Road

Another heavily populated intersection right off of I-465, 38th and High School features five lanes of traffic leading to and coming away from the interstate. The lanes are faded and right-of-ways are hard to distinguish. There are also only a couple of pedestrian crosswalks—one across High School Road and one crossing 38th Street.

Meet with an Indianapolis Car Accident Lawyer

If you’ve been injured in any intersection in Indianapolis, an Indianapolis car accident lawyer at Kooi Law can help you obtain the compensation you’re entitled to. The person responsible for your crash should cover your costs so you don’t have to deal with undue financial stress while you recuperate.

Schedule a free consultation today by filling out the convenient contact form below or giving our office a call at (317) 569-1335.

Can Collecting Workers Comp Benefits Stop Me from Filing a Personal Injury Claim?

Can Collecting Workers Comp Benefits Stop Me from Filing a Personal Injury Claim?

Can Collecting Workers Comp Benefits Stop Me from Filing a Personal Injury Claim?

When you suffer an injury at work, you probably have concerns about how you will be able to support yourself and your family while you recover from your wounds. Fortunately, Indiana requires the majority of employers to carry workers compensation insurance.

There are some cases, however, in which the benefits you receive from workers comp simply do not cover the total costs of the damages you’ve endured. There is a way to recover additional compensation: filing a personal injury claim. However, to do so, you’ll have to meet some very specific criteria.

Because a personal injury claim can allow workplace injury victims to recover the full extent of their losses, many people want to file one. But many also wonder whether collecting workers comp benefits can stop them from filing a personal injury claim. Read on for more information on that topic.

How Workers Comp Works

In Indiana, being injured at work entitles you to collect workers compensation benefits. It is a common misconception that you must have been employed with your company for a minimum amount of time or work a minimum amount of hours to qualify; from the moment you begin your first shift, you are covered under your employer’s workers compensation insurance.

These benefits are designed to cover your medical expenses and replace your income while you are unable to work and recovering. Generally, injury victims are able to collect between 65 and 85 percent of their pre-injury income while out of work. You’ll be able to receive your workers comp benefits until your physician clears you to return to work.

Why File a Personal Injury Claim?

Many people believe that they can only collect workers compensation benefits or file a personal injury claim. But it isn’t really one or the other. Filing a personal injury lawsuit for your work injury shouldn’t interfere with your work comp benefits, and collecting work comp benefits shouldn’t interfere with your personal injury lawsuit.

However, to file a personal injury lawsuit outside the work comp system, your case will have to satisfy one or more of the following criteria:

  • Your employer illegally neglected to purchase work comp insurance, or the work comp insurance your employer purchased didn’t meet minimum coverage requirements.
  • Your employer intentionally harmed you or acted with egregious negligence that caused you harm.
  • An outside third party, such as a subcontractor at a construction site, caused your injuries (in which case you would sue the third party—not your employer).

Once we have established that you are eligible to file a personal injury claim, we will begin to calculate what your claim is worth. The remaining 15 to 40 percent of your lost income that you are not currently receiving in workers comp benefits can be recovered, as well as damages for your pain and suffering, loss of future earning potential, emotional distress, loss of enjoyment of life, and loss of consortium.

Our hope is that you are made whole for your losses so that, while you will still have to deal with the physical effects of your work injury, you are able to recover all of the expenses tied to the incident.

Meet with an Indianapolis Workers Comp Lawyer

For more information about collecting workers compensation benefits and moving forward with a personal injury claim against the liable party, reach out to a knowledgeable Indianapolis workers comp lawyer at Kooi Law today. You can schedule your free, no-obligation claim evaluation by filling out the contact form below or giving our office a call at (317) 569-1335.