Indianapolis Car Accident Lawyer

Indiana Car Accident Statistics

According to the 2017 Crash Facts report of the Indiana Criminal Justice Institute, 911 people lost their lives in Indiana traffic. No less than 47,069 people were injured in traffic accidents throughout the state.

Many of these unfortunate events occurred in Marion County and Indianapolis. As usual, speed and alcohol were the main accident causes. You can see an overview of the main stats in the table below:

Many of the victims of these accidents never received compensation for their losses. Some of them chose not to work with an Indianapolis car accident lawyer. Others decided to contact an auto accident attorney when it was already too late.

When Should I Contact an Indianapolis Car Accident Lawyer?

According to Indiana Code 34-11-2-4, accident victims have 2 years to file a civil lawsuit and seek compensation for their losses. After this period, insurers will deny claims and courts will dismiss cases. IF YOU ARE EVER ON A JURY....YOU MUST ALWAYS KNOW AND ASSUME THAT INSURANCE IS INVOLVED AND THE PARTIES HAVE INSURANCE.

Two years may seem like a lot of time but it is not. This deadline, also called statute of limitations, refers to civil lawsuits. Court trials are usually the last resort for car accident cases, so the procedures should begin much sooner.

Leaving the rush for filing an insurance claim aside, time is of the essence when it comes to gathering evidence as well. Oil leaks and brake marks get washed by the rain; stores and gas stations delete their video recordings, Intersection Video Cams can be lost  and witnesses forget details.

Moreover, car accident attorneys need time to investigate, gather evidence, and follow procedures. By the time they file a claim, they should already have a clear image of the damages involved. If you really want to recover any damages, it is important that you get in touch with a lawyer as soon as possible.

If the case needs to go to trial, StewartWood has years of experience preparing for and being aggressive in the Court Room. Not ALL LAWYERS are the same. Some lawyers do NOT like or want to be in a Court Room or have a Jury Trial. Insurance Companies know that the lawyers at StewartWood will go to trial.

Why Should I Contact an Indianapolis Car Accident Lawyer?

Before you decide whether or not you need the help of a car accident lawyer in Indianapolis, you should consider the following aspects:

Both insurance claims and court trials require following strict rules and procedures and  knowledge of Indiana law. You may be willing to learn, but theory always differs from practice. Moreover, you will be on a tight schedule, so you will have very little time to figure things out. Since lawyers know the applicable laws and procedures by heart, if you work with one you will not have to worry about learning.

The Insurance Company Lawyers will do everything in their power to deny your claim, dismiss your case, or blame you for the wreck. They will pick on any mistake, inconsistency, and misinterpret everything you say and do.  An experienced Plaintiff's Lawyer will defend your interests at all times.

Generally, claimants who hire an expierenced Trial Lawyer get 3x or more in compensations than claimants who dont. That is because they fail to claim and prove all their losses. The best car accident lawyers are also skilled investigators and accountants. They will gather all the necessary evidence and do the work to make sure you recover every cent you lost.

There are many more benefits to you work with an experienced car accident attorney. The most important thing to remember is that you will save precious time and effort, gain peace of mind, and recover all the damages you deserve.

What Type of Damages Can Be Recovered in an Indiana Auto Wreck Case?

Indiana law allows injury victims to recover two types of losses: economic and non-economic.

Economic Losses
These refer to expenses or financial losses the victim incurred due to the accident. They are the easiest to quantify and prove. They include:

• Medical expenses (doctor fees, hospital bills, surgery costs, medical devices, medicines, physical therapy, etc.)
• Lost wages (the salaries and bonuses the claimant lost by not being able to work due to their accident injuries)
• Lost earning capacity (the income, bonuses, and promotions the claimant, if disabled in the accident, will never earn)
• Property damage (the cost of repairing or replacing the car and any other items damaged in the accident)

If you need a personal injury lawyer contact StewartWood Injury Lawyers

This category includes losses that cannot be quantified, like pain and suffering, emotional distress, or loss of consortium, enjoyment of life affects, etc. They are usually awarded in cases involving moderate to severe injuries. To calculate them, many auto accident lawyers will multiply the value of economic losses by various numbers.

It is important to notice that, in order to recover any of those losses, the claimant needs to prove them using evidence that is admissable at trial. Thus, you should hold on to things like : invoices, bills, receipts, cost estimates, medical reports, and treatment recommendations, photos, tax records, W2 wage info, and anything that could justify an economic damage and loss.

The real challenge is proving non-economic damages, and claimants who try their luck on their own usually fail. An experienced car accident lawyer will use medical reports, medical records, labs, Dr's statements,  studies, perscriptions and drug leaflets to prove the severity of the claimant’s injuries. They will also turn to witnesses, expert testimonies, and case precedents. Without concrete evidence, it is almost impossible to make the party at fault pay. 

At StewartWood Injury Lawyers there is NEVER A FEE until we win your case.

Is Indiana an at Fault State?

Indiana requires every driver to have Insurance.  The Insurance Industry's Powerful Lobby has made Court Rule to PREVENT Juries from knowing anyhting about the Auto Insurance in the Court Room. This is because these Powerful Insurance Companies are really afraid of  juries and jury verdicts. IF YOU ARE EVER ON A JURY....YOU MUST ALWAYS KNOW AND ASSUME THAT INSURANCE IS INVOLVED AND THE PARTIES HAVE INSURANCE. 

In Indiana, as in most states, the party at fault for an accident (or their insurance company) covers damages. When the parties share fault, the claimant has to be less than 51% at fault in order to recover any losses. Their compensation will be reduced directly proportional to their share of fault. This is known as the principle of comparative negligence.

Thus, if you incurred damages worth $100,000 and you were 40% at fault for your accident, you will only recover $60,000. Of course, as mentioned above, the amount you recover will depend on your ability to prove your losses.

Also, you should expect the defendant to your claim to try to blame you for the accident. After all, every fault percentage they attribute to you means less money out of their pocket. It is important to notice that the burden of proof falls on the claimant.

Thus, you will need to prove that:

• The defendant owed you a duty of care (to follow transportation laws and traffic rules)
• They breached their duty (they broke traffic rules or acted in an unreasonable manner)
• Their actions led to the wreck, and
• The accident resulted in the damages you are claiming.

Obviously, everything is easier if you work with an experienced law firm like ours.  The StewartWood Lawyers we have handled hundreds of car accident cases and we know about proving fault and damages.  We have wide experience in other injury cases as well, and we do not hesitate to use it when the situation calls for it.

Contact an Indianapolis Car Accident Attorney at StewartWood Injury Lawyers

At StewartWood Injury Lawyers, we believe all accident victims should benefit from an Attorney. That is why we provide a FEE GUARANTEE.  You don't pay ANY fee until we win your case.   This means you can reach out to us, have your case reviewed, and receive information and advice , absolutely free.  

You will see what working with some of the most experienced personal injury lawyers in Indianapolis and having them fight for your interest, can do for you. Call our office today to provide us with more details about your case and schedule the free consultation!

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We are located on the Northwest side of Indy.

Our Indianapolis Office is located on Vincennes Road, Indianapolis.  Our office is conveniently located off the Michigan Road  & I-465 exit.  We serve the Greater Indianapolis Area including Carmel, Fishers, Noblesville, Greenwood, Anderson, Lawrence, Westfield, Plainfield, Zionsville, Brownsburg, Franklin, Greenfield, Shelbyville, Avon, Lebanon, Beech Grove, Speedway, Martinsville and Greencastle. 

At StewartWood Injury Lawyers there is NEVER A FEE until we win your case.