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Even if you bear some responsibility for an accident, you may still recover compensation for your injuries and damages
Most people are involved in a car crash or traffic incident at some point in their lives, and, if you find yourself facing the aftermath of a crash, it is important to understand the specific laws in your state. Indiana’s accident liability laws allow you to recover partial damages if you are partially at fault, and Indianapolis car accident attorneys are trained to help you obtain these damages.
The 50% Comparative Fault Rule
In 2011, 188,132 traffic collisions resulted in injuries or property damage in Indiana. Indiana follows a 50 percent comparative fault rule when determining who is liable in an accident. All parties must be identified, including non-parties that are not being sued. Next, a judge or jury examines the accident and assesses a percentage of fault to each party, with all percentages adding up to 100 percent. If the court finds that you are 50 percent or more at fault, you cannot recover any damages. If you are less than 50 percent at fault, you will receive the full compensation, minus your percentage of fault. For example, if your damages are worth $100,000 and a judge or jury found you to be 20 percent at fault, you can receive $80,000 in damages. In Indiana, the at-fault driver’s insurance company — not your own — pays the damages you receive.
An experienced Indianapolis auto accident attorney can help you through the process of filing a personal injury lawsuit, which can be stressful and emotionally burdensome if you are already dealing with an injury. It’s not unusual to learn in defendant driver’s affirmative defenses, that you are being blamed for the accident. Your experienced accident lawyer will investigate the accusations. The investigating officer may be interviewed, photos requested and in some cases, expert witnesses may be called to testify.
Call Charlie Ward at Ward & Ward Law Firm for a free consultation about your legal options.
By Charlie Ward
Injuries kill more people ages 1–44 in the U.S. than any other cause. Neck injuries are common injuries to accidents involving cars, motorcycles, bicycles and semi tractor-trailers. If you have incurred an injury to your neck because of another party’s negligence, it is important to seek medical treatment from a licensed medical physician (hospital, primary care physician or medical specialist) right away and then to call an experienced personal injury or accident attorney to recover your losses for medical bills, bodily injuries, loss of wages and other damages suffered.
Types of neck injuries
There are a wide variety of neck injuries. Examples of some common neck injuries are:
- Strains: When muscle fibers are torn due to lifting heavy weights or whiplash, the result is a strained neck. The pain involved with a strain can vary in severity.
- Spasms: A spasm occurs when your neck muscles seize up into a tight muscle contraction. Bracing before impact may cause a neck spasm.
- Stingers: When the neck is rotated in an unnatural way or forced into an extreme tilt, a “stinger” injury can result. The symptoms of a stinger include a burning or tingling sensation in the arms, shoulders and neck. Stingers are commonly caused by high impact collisions.
- Whiplash: A soft-tissue injury to the neck muscles, ligaments and tendons is described as whiplash. This type of injury occurs when the neck is forced to extend beyond its normal range of motion. Common symptoms of whiplash include headache, pain, stiffness and dizziness.
- Fractures: The neck contains fragile bones that can be broken by high-impact pressure. The severity of a broken neck can range from minor pain and numbness to a serious neck fracture, leading to paralysis.
- Herniated disc: When a disc of the cervical vertebra ruptures causing pressure on nerve roots, it is referred to as a herniated or ruptured disc injury. Symptoms of this type of injury include stabbing pain, tingling, numbness and weakness in the neck, back, shoulders, arms and hands.
Treatment for a neck injury depends on the type and severity of the injury. Common treatments may include medications, rest, physical therapy, exercises, steroid injections and surgery.
If you have suffered a neck injury because of the negligence of another party, speak with an experienced injury lawyer to learn how you can recover compensation for your medical bills, bodily injuries, lost wages, pain and suffering and property damage.
On January 1, 1957, I (Don Ward) started practicing law in the Circle Tower Building on Monument Circle, Indianapolis, Indiana. On December 1, 1994, I (Charlie Ward) joined my father in the practice of law after graduating from law school and completing a two-year clerkship with the Chief Justice of the Indiana Supreme Court, Richard M. Givan. At that time we formed the law partnership of Ward & Ward.
After many years in the Circle Tower Building, we would like to announce that on May 29th we are relocating the law firm of Ward & Ward, to “728 South Meridian Street”. Our new office is on the near south side of downtown Indianapolis within the vicinity of Lucas Oil Stadium and across McCarty Street, just north of Shapiro’s famous deli. Attorneys and staff of Ward & Ward are looking forward to the move. Our new law office building has on-site parking, including handicapped spaces for the convenience of our clients and friends. In addition, our new location offers easy access to I-70 from the east and west and I-65 for north and south commuters. Our phone number will remain the same – (317) 639-9501.
Experienced auto accident lawyers in Indianapolis
We invite you to visit our website at www.wardlawfirm.com and hope that you’ll join us on Facebook where we share news and legal insights that may be of use to you in your daily life. Our Facebook fan page is located at facebook.com/wardlawfirm. By selecting the “Like” button at the top of the page, you’ll receive articles and information that we feel may benefit you, our clients and friends. We look forward to having you personally visit with us at our new location.
WARD & WARD
Donald W. Ward and Charles P. WardWard & Ward Law Firm 728 S Meridian St Indianapolis, IN 46225 317-639-9501