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Indianapolis Personal Injury Lawyer
Being involved in a traumatic accident and suffering a personal injury can have lasting effects on your life. If you need help securing compensation for the damages you’ve suffered, contact an Indianapolis injury lawyer.
When you’ve suffered a serious personal injury in an accident of any kind in Indianapolis, you are probably most concerned with your health, recovery, and how you’ll support yourself and your family while you’re unable to work. Those suffering from a serious injury shouldn’t have to be concerned with financial problems.
Fortunately, you’ll be able to pursue compensation for your losses by filing a civil lawsuit against the person or people responsible for your personal injury damages. By getting in touch with a capable Indianapolis personal injury lawyer at Kooi Law, you’re taking the first step toward obtaining the compensation you need to cover the costs of your injuries.
Your attorney will thoroughly investigate the cause of your accident and calculate the value of your damages so you can get the most out of your claim.
Incidents That Warrant an Indianapolis Personal Injury Claim
Our firm routinely works on personal injury cases in Indianapolis. While we know the ins and outs of personal injury law in Indiana, we know you may not be aware of what kinds of accidents warrant a personal injury claim. Some of the types of accidents we regularly handle include the following:
- Motor Vehicle Crashes – These accidents occur when there is a collision between any combination of cars, tractor-trailers, public transportation vehicles, and motorcyclists.
- Premises Liability – Premises liability claims commonly involve slip-and-fall injuries. Accidents of this nature occur when a property owner fails to maintain safe conditions for invited guests on his or her property.
- Dog Bites – Attacks by canines are handled under the “one-bite” rule, which means the dog owner must have had reason to believe the dog was aggressive and made reasonable efforts to secure the animal. Victims can recover compensation for their injuries from the dog’s owner.
- Defective Products – If a consumer product malfunctions, causing someone attempting to use the product harm, the victim can seek compensation from various parties in the product’s chain of distribution.
- Work and Construction Accidents – In cases where you are injured on the job, you can collect workers compensation benefits or, in some cases, file a personal injury claim. An injury lawyer in Indianapolis can help with both endeavors.
- Medical Malpractice Claims – When a medical professional providing your treatment or care makes an irresponsible decision that causes you to suffer further harm, you’ll be able to file a medical malpractice claim against the negligent healthcare professional to recover your losses.
If you’ve been seriously injured in any of the above accidents—or any other type of accident—and aren’t sure whether you can move forward with an Indianapolis personal injury claim, reach out to an experienced attorney to discuss the unique details of your case.
Who’s to Blame for Your Personal Injury?
Determining fault is critical to the success of your Indianapolis personal injury claim. The person or entity that holds liability for your injuries will vary based on the type of accident you were involved in.
For example, in defective product claims, blame can be placed on anyone in the chain of distribution of the defective product; this could include manufacturers, distributors, and the store that sold the product.
In a motor vehicle accident, the driver of the other vehicle, Indianapolis road authorities, vehicle technicians, and parts manufacturers can all be named as defendants in your claim, depending on the circumstances. In a dog bite case, the owner of the dog that attacked you might be held liable.
One of your Indianapolis accident injury attorney’s responsibilities will be to thoroughly investigate the details of your case so any and all parties who contributed to your injuries are brought to justice and made to compensate you for your losses.
When You Are Partially Responsible for Your Injuries
Indiana follows a law known as modified comparative negligence when determining fault in an accident. Essentially, this means that even if you are partially to blame for the accident you were involved in, you’ll be able to recover damages from the at-fault party—as long as your percentage of fault does not exceed the 50 percent threshold.
For example, let’s say it’s determined that you are 25 percent at fault for your injuries, and the judge awards you a sum of $100,000. Your $100,000 award would be reduced by 25 percent, and you would walk away with $75,000.
If you are found to be more than 50 percent liable, you will no longer have the opportunity to file a personal injury claim against the other involved party, and could even find yourself on the receiving end of a personal injury claim. Fortunately, your personal injury lawyer in Indianapolis can help you avoid having unfair blame placed on you.
We’ll Negotiate Your Personal Injury Claim with the Insurer
Dealing with the insurance company can often be much more stressful than it should be. Insurers like to masquerade as companies that are on your side during this difficult time in your life. In reality, their number one priority is protecting their financial interests. As a for-profit business, the insurance company will lose money every time it settles a personal injury claim like yours fairly.
As you can imagine, this is something the insurance company is going to try very hard to avoid. In fact, insurance adjusters are notorious for their dishonest tactics meant to secure their own profits while paying no mind to the needs of their claimants.
What’s worse is the insurance company often will take advantage of the modified comparative negligence laws and twist statements from Indianapolis injury victims to imply that the claimant holds more blame than the liable party so the insurer is able to settle for less than the victim deserves.
Your injury attorney will be well-versed in these dishonest insurance strategies and will negotiate with the insurer on your behalf so your award is protected.
What Comes After Personal Injury Negotiations?
If the negotiations are unsuccessful and the insurance company and negligent party refuse to provide you a fair and reasonable compensation offer, we are prepared to bring your case to court in Indianapolis. It might surprise you to learn that just the threat of bringing your claim to court can sometimes change the insurance company’s mind regarding the amount of your settlement.
However, if the insurer remains steadfast in its decision to either deny your claim or provide you with too little compensation, an injury attorney in Indianapolis is at the ready to go to court, where an impartial judge or jury can make a decision regarding your claim.
If You Choose to File an Injury Claim, Act Fast
Once you’ve made the decision to pursue a civil lawsuit against the at-fault party, you’ll need to act quickly. This is because the statute of limitations for personal injury claims in Indiana is only two years from either the date the accident occurred or the date you are diagnosed with an injury that stemmed from the accident you were involved in.
What’s more, if the defendant in your case is going to be a government agency of some kind, such as the Indiana Department of Transportation, you could have as few as 180 days to get your claim filed before the statute of limitations runs out.
Once the time limit has passed, you will, unfortunately, be barred from filing a personal injury claim and will be unable to obtain justice for your injuries from the at-fault party. Concerned about missing deadlines? An Indianapolis injury claim lawyer can make sure everything is on schedule.
Obtaining the Compensation You Deserve for Your Injury in Indianapolis
After we’ve established who we will hold accountable for your injuries, we will begin the process of calculating the value of your claim. We do this by considering the severity of your personal injury and the extent of their impact on your life. Our goal is to ensure that you are fully compensated for all of your losses.
For the most part, we include the value of your economic and non-economic damages in our calculations. Economic damages are those that have a direct impact on your finances, while non-economic damages affect your emotional state and lifestyle. Some of the different types of damages that might be included in your Indianapolis personal injury claim include the following:
- Lost wages
- Property damage
- Medical expenses
- Loss of enjoyment of life
- Scarring and disfigurement
- Damage to potential future earnings
- Loss of companionship and love
- Mental anguish
- Loss of household services
Medical expenses are a broad category that could include your hospital bills, prescription medications, copays, medical equipment, adjustments to your home to accommodate medical equipment, rehabilitative services, diagnostic imaging, ambulance fees, and the like. Every medical cost should be taken into consideration when determining what your claim is worth.
In addition to the above losses, a judge may order the defendant to pay you punitive damages, which are meant to be a punishment and warning for others that egregiously negligent or malicious behavior will be dealt with firmly. Punitive damages can significantly raise the amount of compensation you are awarded in your Indianapolis personal injury claim.
Indianapolis Personal Injury FAQ
If you have questions about your injury claim, we have the answers. Below are some questions we often receive, but we’re happy to answer all of your questions and address your concerns in a free consultation. Just give us a call.
Is going to court for a personal injury claim necessary?
In most cases, it won’t be. We can usually negotiate with the insurer or negligent party for a fair settlement offer. If we’re not able to come to an agreement with the other side, we can move forward with your claim in court so you are reasonably compensated for your damages. In fact, going to court can sometimes be the best way to ensure you receive maximum compensation.
I can’t afford an attorney. Do I have any other options?
If you choose to work with the attorneys at Kooi Law, you will be able to afford a lawyer. This is because we work on a contingency fee basis, so you won’t need to pay us anything until or unless we win your case. We will come to an arrangement where you will pay a percentage of your winnings as our fee. Then, our fee can be deducted from your award.
Can I file a personal injury claim for my child?
Absolutely. It’s up to you to advocate for your children’s rights. Just because your child is a minor doesn’t mean he or she isn’t entitled to recover compensation for his or her injuries. You can file a claim on your child’s behalf so that he or she has access to the funds necessary to begin to move forward with his or her life.
Contact an Indianapolis Personal Injury Attorney
If you’ve suffered a serious injury and will need help holding the responsible person accountable for his or her actions, contact an experienced lawyer at Kooi Law today. With our help, you’ll be able to focus on recovering while we build you a powerful claim.
We are pleased to offer prospective clients a free case review with an Indianapolis personal injury lawyer. You can take advantage of this opportunity by filling out the online contact form at the bottom of this page or giving us a call at 317-569-1335.