Estimating Plaintiff(s) Non-Economic Damages in Auto, Motorcycle and Trucking Accidents

In a previous article on evaluating economic damages, I stated that “economic” damages are past and future losses including, but not limited to medical, therapeutic and rehabilitation expenses, loss of earnings, construction, transportation and medical device expenditures for those with disabilities, property damages and interment expenses from wrongful death claims. They are money losses that can be receipted or otherwise verified and analytically projected.

Non-Economic” Damages

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Subject to the circumstances of the claim, an experienced personal injury attorney will determine if their client warrants compensation for “non-economic” losses in addition to the “economic” losses requested in plaintiffs Complaint.

Non-economic damages are also termed “quality of life” damages, synonymous with pain and suffering. Non-economic losses of pain and suffering can severely hamper the quality of life experience. It’s difficult to place a dollar amount on non-economic damages because they are subjective and cannot be verified. They are tort damages for harms which may include physical and emotional impairment, distress, damage to reputation, disgrace, mutilation or deformity, sterility, loss of organs, severe and chronic pain, loss of enjoyment of life, death of a loved one, loss of affection and many, many other intangibles. Although any plaintiff may potentially be eligible to recover for non-economic damages, they become especially significant to persons who do not earn a living outside of the home like minors, the aged and homemakers.

What is the worth of a mother or father?

For example, a homemaker’s love, guidance, companionship and services provided to his or her family cannot easily and monetarily be calculated. In the case of a homemaker, “non-economic” damages may be the only possible vehicle to compensation for their loss. And what is the monetary worth of a mother or father?

Non-Economic Damages Are Not Punitive Damages

Accidents change the lives of victims and their loved ones in considerable ways. A spouse’s emotional and bodily injuries may put excessive tension on an otherwise strong marriage; the loss of a dearly loved child—prematurely passed away because of the reckless negligence of another, has jarring and lasting consequences on families. How do you compensate a family broken from grief and loss? These scenarios are monetarily immeasurable “quality of life” issues and should not be confused with punishing or punitive damages. The availability of “Non-economic” damages offers a recovery medium for just, fair and reasonable losses.

The Statute of Limitations is Running

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney as soon as possible long before the two-year statute of limitations on personal injuries runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law including accident and wrongful death claims. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

by Charlie Ward

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

 

Evaluating Damages for Personal Injury Claims, Part II – Non-Economic Losses

Non-Verifiable Losses – Intangibles

In a previous article, Evaluating Damages for Personal Injury Claims, Part I – Economic Losses, I explained that a personal injury attorney’s initial objective is to see that their client is fairly compensated for verifiable economic losses resulting from the negligence of another party. Economic losses include medical expenses, a loss of earnings, disability costs, property damages and burial and funeral expenses connected to wrongful death claims. These are financial losses that can be receipted and projected with a calculator and by economic analysis. After counsel has determined claimants estimated economic losses, he or she will ascertain if their client has suffered non-economic losses.

What are non-economic losses?

Non-economic losses are often termed “pain and suffering” and are difficult to assign a dollar value to because they are subjective and non-verifiable. Non-economic losses of pain and suffering can severely hamper the “quality of life” experience. They are tort damages for harms and may include physical trauma and impairment, emotional distress, injury to reputation, humiliation, disfigurement, sterility, loss of organs, severe pain, loss of enjoyment of life, death of a loved one, loss of affection and many other intangibles. An experienced personal injury lawyer will use his knowledge of trauma and injuries to fairly evaluate client’s non-economic losses.

Though any plaintiff may be eligible to recover for non-economic damages, they become especially important to persons who do not work outside of the home such as children, the elderly and homemakers.  For example, a homemaker’s love, guidance, companionship and services provided to his or her children and spouse are not easily measured by a dollar amount, and might only be compensated via non-economic damages.

Frequently, accidents change the lives of victims and their unprepared loved ones in significant ways. A spouse’s injuries from a traumatic car, motorcycle or trucking accident can, and often does, place a serious marital strain on even the best of marriages. And consider the loss and affection of a beloved child deceased because of the negligence of another. Parental bereavement can expose profound emotional distress so acute that it may become impossible for even a well-grounded marriage to survive the wrongful death of a minor or adult child. These scenarios are monetarily immeasurable “quality of life” issues and should not be confused with punishing or punitive damages. The availability of “Non-economic” damages offers a recovery vehicle for just, fair and reasonable losses.

Experienced personal injury and wrongful death attorneys

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney right away — someone who understands how your injuries may affect your life going forward — and before the statute of limitations runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law including accident and wrongful death claims. Our firm receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Our attorneys are available to speak with you.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225

Estimating Plaintiff(s) Economic Damages in Auto, Motorcycle and Trucking Accidents

Estimating Economic or Money Damages in Personal Injury Claims

s-curve, indiana winding roads, dangerous roads, Indiana country roads, autumn roadsIt’s a beautiful autumn day in Indiana. You and your significant other decide to make a day of it with the family in tow. The picnic lunch has been prepared and carefully packed with everyone’s favorite finger foods. Extra sweatshirts and tennis shoes have been gathered, the children are snuggly belted in their car seats and you’ve hit the road for a day of family fun at your favorite creek-stompin park in southern Indiana—anticipating another family memory to be made. This Norman Rockwell-esque Americana image is picture-perfect. Unfortunately not all well-intentioned plans end in a picture-perfect way.

Recovering Money Damages, Non-Economic Damages and Punitive Damages

In Marion County, Indiana, a collision occurs approximately every 15 minutes. And while you would think most accidents are speed related, it’s been determined that more collisions occur at or near intersections where vehicles cross paths. The objectives of a personal injury attorney are to make their clients financially whole or recover money damages after a collision; to recover financially for non-economic losses; and in certain cases to assign punitive financial damages against a negligent party or parties. This editorial will focus on claimant(s) verifiable economic losses. A motor vehicle accident might be nothing more than a minor property damage claim or it might include life-changing health and emotional problems requiring downtime for recovery . An experienced personal injury attorney may postpone the filing of your claim (within the 2-year Statute of Limitations) until your injuries can be fully diagnosed and the prognosis of your injuries known. When the fog of this life-changing event has cleared, your lawyer will begin the process of estimating your past and future economic damages. Economic compensatory damages are objectively verifiable and factually driven financial losses suffered by the plaintiff(s). They may include but are not limited to the following:

  • Past and future medical expenses including emergency transport services, emergency room, physicians, surgeons, medications, medical devices, therapy and rehabilitation costs;
  • The ability to earn a living based upon a universally acceptable economic model taking such variables into account as work-related promotions, employment perks, lost bonuses, re-training costs, benefits, retirement plans, inflation, economic industry outlook,  and taxation;
  • The costs associated with living life with a disability, including medical devices, construction and vehicle costs linked with plaintiff’s home and transportation needs, and domestic services;
  • Vehicle and personal property damaged or lost as a result of another’s negligence; and
  • Funeral and burial expenses brought in a wrongful death claim.

Personal Injury Attorneys With Experience Recovering Money Damages, Also Known as Economic Damages.

Call Charlie Ward at 317-639-9501If you or someone you know has been injured as a pedestrian, a pedicyclist or in a vehicle accident involving a car, motorcycle, or truck, it’s essential to speak with an experienced personal injury attorney — someone who understands the future implications of your injuries and how your life and the lives of your loved ones may be affected going forward. Cases need time for investigation and strategy development; don’t wait until Indiana’s two-year statute of limitations runs to seek advice. The law firm of Ward & Ward has over 80 years of combined experience in personal injury and wrongful death law. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Our attorneys are available to speak with you today.

Evaluating Damages for Personal Injury Claims, Part I: Economic Losses

Verifiable Economic Losses of Personal Injury and Wrongful Death Claims

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A personal injury lawyer brings a claim against a negligent driver, defendant, who caused an auto, motorcycle or trucking accident, on behalf of his client, plaintiff. The goals of the personal injury attorney are to make his or her client financially whole again, i.e. to recover plaintiff’s past and future monetary losses; to recover for non-economic losses; and in certain cases to assign punitive or exemplary damages to the defendant. This article, Part I will focus on claimant’s economic losses.

A motor vehicle accident can be a life-altering event. Keeping in mind that the Statute of Limitations in Indiana for filing a motor vehicle accident claim is two years, an experienced personal injury attorney may delay filing on his client’s behalf, to allow his client time to mend and make any necessary emotional adjustments, particularly in cases where their client has suffered catastrophic injuries. When the fog of this life-changing event has cleared and plaintiff’s injuries and prognosis become known, plaintiff’s attorney will begin the process of estimating past and future economic losses suffered by his or her client.

Compensatory damages for economic losses are objectively verifiable losses driven by the facts of the case. Plaintiff’s attorney might take some or all of the following economic losses under consideration:

  • Past and future medical and rehabilitative expenses – These include all past and future medical expenses including hospital, doctors, prescriptions, medical devices, physical therapy and costs associated with rehabilitation;
  • Past and future loss of earnings – This category encompasses client’s loss of wages during recovery. And in cases where plaintiff’s injuries will affect his or her ability to earn a living in the future, those earnings will also be calculated using an acceptable economic model that may take promotions, re-training, medical benefits, retirement plans, inflation, economic industry outlook and taxation variables into account—just to name a few;
  • The costs of living with a disability – These may include medical devices, construction and transportation costs associated with adapting plaintiff’s environment for disability(ies) and domestic services;
  • The cost of repairing or replacing property – vehicle and property damaged or lost as a result of defendant’s negligence; and
  • Funeral and burial expenses – costs associated with a wrongful death claim.

If you or someone you know has been injured in a motor vehicle accident, it’s important to speak with an experienced personal injury attorney — someone who understands the future ramifications of your injuries and how they may affect your life going forward — before the statute of limitations runs. The law firm of Ward & Ward has over 80 years of combined experience in personal injury law. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Our attorneys are available to speak with you.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

Aggravated Injuries and Awards for Damages from Car, Motorcycle and Trucking Accidents

What is a pre-existing condition?

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A pre-existing condition is a medical condition or disability that was in existence prior to the accident for which you are claiming injuries and other damages. You can be born with a pre-existing condition; you may have acquired a pre-existing condition through illness; you might have been harmed or disabled because of a prior accident or you may suffer from a medical condition due to age and the degenerative processes. These are all examples of pre-existing conditions.

When a person seeks legal remedy for past and future medical expenses, loss of wages and other damages resulting from someone else’s negligence, be it car accident, motorcycle accident, truck accident or 18-wheeler semi-tractor trailer accident—and the negligent party is responsible for re-injuring an existing condition or injury, the case becomes more complex. Many people in a population have experienced some kind of medical condition at least once and sometimes on an ongoing basis. Often a condition may involve chronic pain from a previous back injury.

If an existing condition becomes aggravated because of the negligence of another driver, then the person who has been injured has every right, under the law, to recover for damages for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and in the same circumstances.

Defendant may also be held responsible for any complications that may arise as a result of the aggravation including the acquisition of a disease because of lowered vitality; for aggravation of an existing condition caused by the negligent acts of medical care providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.

Experienced personal injury attorneys

An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was aggravated as a proximate result of defendant’s negligence. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.

Charlie Ward

(317) 639-9501

www.wardlawfirm.com

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225

Recovering for an Aggravated Personal Injury Due to Another’s Negligence

Financial Recovery for an Aggravated Personal Injury

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Individuals, who wish to recover for damages received from an auto accident, motorcycle accident, or trucking accident that aggravated a pre-existing condition or disability, are entitled to recover for only additional damages—not the original injury—providing evidence shows that aggravation actually occurred and that it occurred as a direct and proximate result of defendant’s negligence. Many people involved in accidents have pre-existing conditions, often conditions related to the back and/or spine, and these pre-existing conditions can complicate plaintiff’s claim for damages.

A pre-existing condition is any condition or disability in or to your body that existed prior to the accident for which you wish to claim damages. You may have been born with a condition; you may have developed a condition by illness; you may have received an injury or disability in another accident or you may have a medical condition simply as a result of the aging and degenerative processes.

An aggravation to the existing condition or disability may or may not occur as a result of an accident. But if the aggravation of an existing injury does occur as a direct and proximate result of another driver’s negligence, the injured party has a right to recover for damages under the law for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and under the similar circumstances.

Defendant may also be held responsible for any complications that may arise as a result of the aggravation including a disease contracted because of lower vitality; for aggravation of an existing condition caused by negligent medical providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.

An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was in fact aggravated by defendant’s negligence. In most cases a physician will be called to attest to that fact. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.

By Charlie Ward

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

 

Defendant Insurance Companies May Fault Motorcyclists

Defendant Insurance Companies Put Blame on Motorcyclists

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Injuries suffered by victims of motorcycle accidents are—by nature—more serious than injuries received by motorists in similar accidents. Insurance companies have potentially greater financial exposure at stake and must work that much harder to mitigate what can be greater financial awards for damages including greater past and future medical expenses, loss of wages, pain and suffering, loss of life, and many other remedies available to plaintiff.

Negligence governs liability in most motorcycle accidents. Under the law of negligence, motorists have the responsibility to exercise reasonable care to avoid injuring another pedestrian, cyclist or motorist.  The law evaluates the defendant’s conduct and compares it to that of a “reasonable person.”

In motorcycle accident studies, it has been found that in multiple vehicle accidents the driver of the other vehicle violated the motorcyclist’s right-of-way, causing the accident in two-thirds of the cases. When a driver of a car, truck, or semi-tractor trailer acts in a negligent manner and is determined to be the single proximate cause of the collision involving the motorcycle, the offending driver may be found fully responsible for plaintiff’s injuries. But in cases where the cyclist bears some responsibility for the collision, a percentage of responsibility may be assigned to both plaintiff and defendant. You may remember a previous blog where I discussed “comparative fault”. In the case of comparative fault, if the cyclist was found to be more than 50% responsible for the accident, he or she may be unable to recover any damages because of the comparative fault law. For that reason, the defendant insurance company will strive to deflect their client’s complete responsibility and assign a significant portion of blame on the plaintiff.

A vast amount of plaintiff attorney’s time and financial resources must be allotted to the investigation process in accidents involving motorcycles. Charlie Ward, a personal injury attorney experienced in litigating accidents and wrongful death claims involving motorcycles, trucks and semi-tractor trailers, understands how to investigate a motorcycle accident and confront the defenses used by Defendant insurance companies. Ward & Ward Law Office receives no legal fees or expenses unless we collect damages on your behalf. Call Charlie today at 317-639-9501 to discuss your motorcycle 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

 

Collecting Evidence for Accidents Involving Trucks, 18-Wheeler and Semi-Tractor Trailers in Indiana

Evidence should be obtained immediately in accident involving trucks

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Car and motorcycle accidents involving trucks require time, energy, resources and a sound knowledge of the trucking industry and products liability. An experienced plaintiff’s attorney will already have familiarity with the Federal Motor Carrier Safety Regulations (FMCSR) which govern all vehicles engaged in interstate traffic.  But collecting evidence in a timely manner to corroborate defendant’s negligence is vital to plaintiff’s cause.

Lawyers place drivers, truck owners and insurance companies on notice for investigation of collision

Often, the first act made by an experienced plaintiff’s attorney after agreeing to represent the Plaintiff, is to locate the vehicles and put all parties, including insurance carriers, on notice to refrain from moving and/or repairing vehicles before an investigation can be conducted. Logbooks, employment records and company policy manuals will be requested and thoroughly examined by plaintiff’s lawyer.

Private investigators are involved immediately

Meanwhile, an experienced investigator will interview witnesses and get statements on the record before memories diminish or fail altogether. The attorney’s PI will red-flag any pertinent company or driver information and use his or her expertise to research driving records, driver’s license history, and pan for any additional information such as potential criminal history and/or credit concerns belonging to the driver or his employer.

Accident reconstruction experts re-create accident using physical evidence

Forensic experts in accident reconstruction may be hired to download data from the trucks event data recorder, reconstruct the accident, photograph the scene under similar lighting conditions and write a detailed report. The forensic report will be submitted as evidence and the expert’s testimony will likely be given in deposition or before a jury.

Motorcyclists injured or killed by a semi

In cases involving motorcycles, lawyers representing the defendant insurance company’s interests often use the defense that the motorcycle driver’s profile was too small to be seen, affecting the driver’s ability to be aware of the cyclist’s existence and proximity. However, most cycling apparel manufacturers sew a reflecting material or threads into their garments for the safety and protection of riders. The fact that a cyclist may have purchased specialized clothing can be used to illustrate that claimant was a responsible and safety-conscious rider. And in an effort to disrupt jurist’s possible negative perceptions about cyclists as “risk-takers”, plaintiff’s attorney will obtain rider’s clothing, if available, to be used as evidence verifying rider’s safety conscious consideration.

Experienced trucking accident attorneys intercede immediately into the investigation

Plainly, time is a central factor in an investigation involving trucking, 18-wheeler and semi-tractor trailer accidents. 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. If you or a loved one has been injured by the negligence of a truck driver, manufacturer or trucking company, call Charlie today at 317-639-9501 to discuss your accident and receive a free analysis of your claim. The law office of Ward & Ward receives no legal fees or expenses unless we collect on your behalf.

By Charlie Ward

[email protected]

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

 

 

The Short List of Motorcycle Accident Statistics

Indianapolis Personal Injury Lawyer- Motorcycle Accidents

Statistics don’t take inclement weather into account

The “Motorcycle Accident Cause Factors and Identification of Countermeasures,” was a study conducted by the University of Southern California and partially funded by the National Highway Traffic Safety Administration. This study investigated nearly every aspect of 900 accidents involving motorcycles in the Los Angeles area.  Below is a short list of some of the findings selected from the study. Keep in mind that the study was conducted in the sun-belt area of the United States and therefore, weather-related influences were not significantly factored into the results.

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  1. Approximately three-fourths of motorcycle accidents involved collision with another vehicle.
  2. In single vehicle accidents, motorcycle rider error was present as the accident precipitating factor in about two-thirds of cases. The typical error being a slide out and fall due to over braking or running wide on a curve due to excess speed or under-cornering.
  3. In 66% of multiple vehicle accidents, the driver of the other vehicle violated the motorcyclist’s right-of-way.
  4. Intersections are the most likely place for the motorcycle accident, with the other vehicles violating the motorcyclist’s right-of-way, and often violating traffic controls.
  5. Most motorcycle accidents involve a short trip associated with shopping, errands, friends, entertainment or recreation, and the accident is likely to happen in a very short time close to the trip origin.
  6. Accident involvement is significantly reduced by the use of motorcycle headlamps or in daylight hours and the wearing of high visibility yellow, orange or bright red jackets.
  7. Motorcycle riders between the ages of 16 and 24 are significantly over-represented in accidents; motorcycle riders between the ages of 30 and 50 are significantly under represented.
  8. Motorcycle rider training reduces injuries and accident involvement.
  9. Motorcycle riders with dirt bike experience are significantly underrepresented in accident data.
  10. Motorcycle riders showed significant collision avoidance problems. Most riders would over brake and skid the rear wheel, and under brake the front wheel, greatly reducing collision avoidance deceleration. The ability to counter steer and swerve was essentially absent.
  11. The typical motorcycle accident allows the motorcyclist less than 2 seconds to complete all collision avoidance action.
  12. Large displacement motorcycles are underrepresented in accidents but they are associated with higher injury severity when involved in accidents.
  13. 98% of multiple vehicle collisions and 96% of single vehicle accidents resulted in some kind of injury to the motorcycle rider; 45% resulted in more than a minor injury.
  14. Injury severity increases with speed, alcohol involvement and motorcycle size.
  15. The most deadly injuries to the accident victims were injuries to the chest and head.
  16. The use of the safety helmet is the single critical factor in the reduction of head injury.
  17. Less than 10% of the motorcycle riders involved in these accidents had insurance of any kind to provide medical care or replace property.

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

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

https://www.wardlawfirm.com

Overcoming Jury Bias in Motorcycle Accident Cases

Non-Riders’ Misperceptions of Cyclists

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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