Tag Archives: compensation

Why personal injury lawyers may refuse your case – Uncollectability | Indianapolis Car Accident Lawyers

Why Personal Injury Lawyers May Refuse Your Case – Uncollectability | Car Accident Lawyers, Auto Accident Attorneys, Ward & Ward Law Firm

Collectability is the ability to put money into the hands of an injured party and creditors who have extended treatment on their behalf resulting from an accident. It is an essential component of any personal injury claim. The following are examples of uncollectable claims frequently turned down by personal injury lawyers:

  • Neither party has automobile insurance and the driver responsible for the injuries has no real or personal assets
  • Liability cannot be ascertained through evidence or credible eyewitness testimony
  • Damages are negligible and/or frivolous
  • Injured party(ies) did not receive treatment immediately following the accident and did not follow up with a physician in a timely manner

It falls on you to protect your injured self from another person’s negligence | Indianapolis Car Accident Lawyers

The recession and suspended licenses have thrust an increase in uninsured drivers in Indiana. Of the approximately 4 million driver’s licenses issued in the state of Indiana, approximately 12% are suspended. According to the most recent estimate obtained by the Insurance Information Institute, approximately 1 in every 7 drivers or 14.2% take to the roads without any automobile insurance.

Uninsured/Underinsured Bodily Injury and Liability* coverage is included as a part of your policy unless you express in writing a desire to omit this coverage. UIM protects you, your family’s assets and financial exposure from reckless uninsured and underinsured drivers that may cause harm to you and others riding in your vehicle. Your uninsured coverage may also protect you from defendants fleeing a judgment through the protection of bankruptcy.

Experienced Indiana Car Accident Lawyers and Wrongful Death Attorneys

The personal injury and car accident lawyers of Ward & Ward Law Firm recommend increasing your insurance policy to reduce and protect your personal exposure in an accident you may or may not cause. A robust bodily injury and liability policy may cost only pennies a day more than the minimum policy required to drive in Indiana. Before you call an agent, learn more about automobile insurance coverage in Indiana at our attorney blog.

The auto accident attorneys at Ward & Ward Law Firm have more than 85 combined years of experience practicing  personal injury, wrongful death and medical malpractice law.  If you or someone you know has been involved in an accident, call personal injury lawyer, Charlie Ward, today at 317-639-9501 or toll free at 888-639-9501 for a free consultation.

Charlie Ward
Personal Injury Attorney

Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

How Semi-Truck Accidents Differ from Car Accidents in Indiana

Indianapolis Turck Accident Injury Attorney When you need an attorney to represent you, select a lawyer with tractor-trailer accident litigation experience to represent you.

With semi-trucks responsible for delivering as much as 75 percent of all cargo shipped across the United States, motorists and trucks are forced to share the roadways daily. However, sharing the roadway with such big vehicles poses some unique hazards.Call Charlie Ward at 317-639-9501

Most semi-trucks in the United States have six to ten wheels, are more than eight feet wide, 13 feet tall, and weigh as much as 80,000 pounds. When semi-truck accidents in Indianapolis occur, the results are often fatal. Seeking guidance from the experienced team at Ward & Ward can help ensure your rights are protected and proper measures are taken to achieve just compensation for your losses.

How truck accidents differ from motor vehicle accidents

A semi-truck accident differs from a regular car accident in a number of ways, including:

Size and construction

The sheer difference in size between a semi-truck and a car often means the damage and injuries in a semi-truck accident are much worse. Semi-trucks are more difficult to maneuver, turn, and control meaning even the smallest obstacle in the road or unexpected turn of events can become a potential catastrophe. The way semi-trucks are constructed and operated also creates opportunity for accidents. Trucks have numerous blind spots that increase the chances a truck may run a car off the road. Also trucks require greater stopping distance that leads to dangerous rear-end collisions when a truck is forced to stop short.

Driver conditions

Because semi-truck drivers are under pressure to reach destinations quickly, they often work long hours without proper breaks and become more easily distracted, prone to the influence of drugs and alcohol to stay awake, and more likely to drive while fatigued. All of these factors can contribute to a potential accident.

Trucking laws and regulations

Laws that govern the operation of semi trucks are much more complex than those for motor vehicles, as are the rules surrounding litigation of trucking accidents versus auto accidents. For these reasons, it is extremely important to seek guidance from an experienced lawyer if you are involved in a trucking accident.

Determining fault is often more difficult than in a car accident. A semi truck accident attorney knows liability may fall on a number of different parties and each may have a separate insurance policy. With so many people and companies involved, it pays to have a skilled attorney who knows how to handle properly an investigation and uncover the responsible party.

Handling your Indiana truck accident and injury cases

At Ward & Ward, our semi-truck accident attorneys have the skills necessary to obtain the compensation you deserve. If you or a loved one is a victim of an accident in the Indianapolis greater metropolitan area or in the state of Indiana, contact Ward & Ward to arrange a free consultation with a skilled lawyer today. We are available to speak with you 24 hours a day, seven days a week.

Exhausted Semi Drivers and Inclement Indiana Weather – a Dangerous Combination

Indianapolis Personal Injury Attorney - Semi- Truck Accidents

Exhausted Commercial Truck Drivers and Inclement Weather – A Deadly Combination

Bone-chilling temperatures have shaken up even the most seasoned cold-weather veterans in the Midwest. The “polar vortex” pushing through Indiana has brought record freezing temperatures across the region— and life-threatening conditions to our state’s roads. Combine such conditions with an 18-wheeler / semi tractor-trailer, an overworked trucker and snowy, icy highways to create a terrifying nightmare for motorists in Indiana. Many drivers avoid hitting the pedal too hard when the weather gets bad, but too often truck drivers, already operating on a narrow time margin, may not — and the resulting consequences of their negligence can be catastrophic. The risks for truckers driving in winter storms increases, due to a few specific reasons:Call Charlie Ward at 317-639-9501

  • Truckers spend more time on the road than normal drivers. They suffer from exhaustion, which slows reaction times and can prove fatal when roadways are icy and snowy.
  • Due to their sheer size and mass, trucks naturally take longer to stop — in messy winter weather, their stop time can slow even more.
  • Heavy winds may cause a tractor-trailer to jack-knife or blow over.
  • Truck drivers already have limited sight in typical conditions and rely on mirrors to see other vehicles. Snow, hail, rain, sleet and icy rain decreases visibility even more.
  • Because drivers of smaller vehicles may unexpectedly skid out, truckers may have a difficult time gauging how others react in dangerous conditions.

Avoid driving when the roads freeze or when visibility is limited, and maintain a safe following distance from semi trucks or 18-wheeler tractor-trailers. Keep a safety kit in your car. If a truck collides into you on the road, immediately file a police report and seek medical assistance. Afterward, contact an accident lawyer to learn about appropriate legal recourse. Indianapolis trucking accident attorneys are here to help during emergencies. Even when poor weather is partially to blame for a crash, you still may be entitled to collect compensation from the driver at fault.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

GM and Ignition Switches | Wrongful Death Attorney in Indianapolis

29 people have died and 27 people have been seriously injured in accidents as a result of the defective ignition switches involving General Motors vehicles.

184 death claims have been filed with Ken Feinberg, an attorney hired by General Motors to compensate victims.  However, only 29 have been deemed eligible to date to receive compensation.  In addition, 1333 personal injury claims have been filed to date with 27 receiving offers of compensation.

Can I Receive Compensation If I Was At Fault For An Auto Accident?

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

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501

 

Spinal Cord Injuries Affect Your Body And Your Wallet

Damage to the vertebrae

A spinal cord injury (SCI) is one of the most devastating, life-long injuries you can suffer — both emotionally and economically. SCI occurs when there is damage to the nerves connected to the vertebrae, which carry messages to and from the brain and the entire body. SCI can be a minor bruise or a partial or total tear, usually caused by force to or penetration of the body. Indiana personal injury law allows victims of another person’s negligent or willful, harmful act to receive compensation for economic and emotional losses due to injuries like SCI.

Physical effects of SCI

It is estimated that more than 12,000 people sustain SCI each year, and vehicular-related accidents and wrecks account for 36.5 percent of new injuries. Usually, the higher the site of the damage on the spinal cord, the more disabling the injury. These injuries can occur to the:

  • High cervical (neck) — This usually results in quadriplegia (paralysis of all four limbs). Patients may need a ventilator to breathe and cannot cough or control bladder and bowel movements. They may not be able to speak, and cannot perform everyday activities, such as eating, dressing, bathing and engaging in sexual activities
  • Low cervical —This varies, depending on the site of injury, but there may be some movement in the wrists and hands. Patients usually can speak and breathe properly, but cannot perform everyday activities without assistance.
  • Thoracic (chest) — Usually, this results in paraplegia with the ability to use a manual wheelchair. Muscles, chest, back and abdomen are affected, but arms and hands are usually not impaired. Patients cannot control bladder and bowel movements.
  • Lumbar (lower back) — This includes loss of hip and leg function. Patients may be able to walk with leg braces, but cannot control bladder and bowel movements.

There are two types of SCI. Complete injuries result in no sensation or movement below the site of injury, and both sides of the body are equally affected. Incomplete injuries result in some function below the site of injury, usually where one side of the body has more movement, while the other side has more sensation.

Economic effects of SCI

Costs associated with SCI vary greatly, depending on the patient’s age at the time of injury, the severity of the injury and recovery prognosis. Bills for hospital visits, physical therapy, in-home care, wheelchairs and ventilators can pile up quickly. Medical expenses can reach more than $1 million for the first year and $181,000 for each subsequent year of a high cervical SCI — not including lost wages or other benefits. Experienced Indianapolis personal injury lawyers can help you recover those damages.

Contact us for a reputable personal injury lawyer in Indiana

If you or a loved one suffered a SCI, you are probably facing economical and emotional challenges, especially if the injury resulted from someone else’s wrongdoing. The attorneys at Ward & Ward Law Firm have the experience in and knowledge of Indiana personal injury law to fight for you. Call for a free consultation about your legal options.

Overcoming Jury Bias in Motorcycle Accident Cases

Non-Riders’ Misperceptions of Cyclists

Call Charlie Ward at 317-639-9501

Focus groups have found that non-riding members of juries often perceive motorcyclists as risk-takers. Legends of James Dean and Marlon Brando perpetuate this ‘bad boy’ stereotype. And while not everyone shares these opinions, an experienced personal injury lawyer will differentiate their client from the common misperception before the defense can exploit any initial negative perceptions. By establishing plaintiff’s role in the community, their family life, and by submitting evidence of education and employment history, a real person begins to flesh out early on allowing jury members to form more honest and realistic opinions.

“It has been said that verdicts in motorcycle crash cases can be expected to come in 25% lower than those of an otherwise similar automobile crash.”  [Unique Intricacies of the Motorcycle Crash Case, The Lawyers Logbook, Aug.-Sept. 2011] Regardless of jurists’ personal feelings toward cyclists, the personal injury attorney has the responsibility of instructing the jury that a motorcycle rider injured or killed as a result of another driver’s negligence, enjoys the same legal rights as every car and truck driver on the road, that is the right to full compensation for injuries, past and future medical expenses, lost wages, pain and suffering and all other remedies available by law.

Charlie Ward is a personal injury attorney experienced in accident litigation and wrongful death claims for families whose loved ones were fatally injured in motorcycle, auto and trucking accidents. The law office of Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim.

By Charlie Ward

[email protected]

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225
317-639-9501