personal injury lawyer Indianapolis, IN

Your Dedicated Personal Injury Attorneys

When you have been involved in an accident due to the negligent, reckless, or intentional behavior of another party, you can count on our Indianapolis, IN personal injury lawyer for trusted legal advice about what to do next. At Ward & Ward Personal Injury Lawyers, you’ll have the opportunity to talk with a personal injury lawyer who has decades of experience practicing injury litigation. Depending on the nature of your case, we can let you know what options might be available to you. If we believe negligence was a factor, and that it can be proven, we prepare to offer representation to the best of our ability. Through due diligence and complete attention to your case, we seek maximum compensation for medical bills, lost wages, pain, suffering, and more.

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When our personal injury lawyer, files an injury claim on behalf of their client, there is always the possibility that the insurance company will not agree to a fair and just settlement and the case moves to litigation to be decided by a judge or jury. The good news is that approximately 95 percent of personal injury claims are resolved before this happens. The chances of a victim receiving the financial compensation they deserve through a settlement increase dramatically. Typically, when a lawyer files an injury claim with the at-fault party’s insurance company, both sides will begin negotiations to see if they can come to a mutual agreement and avoid going to court. 

However, there are situations where the insurance company is not willing to negotiate in good faith and offer a favorable amount to the victim or they will try to deny the claim completely, either blaming the victim for the incident or accusing the victim of faking their injuries. At this point, a personal injury attorney will likely file a lawsuit on behalf of the victim. Once a lawsuit has been filed in court, there is a possibility that both sides will begin mediation. This is when both parties, along with their attorneys, meet with a mediator who will try to navigate the parties to a fair settlement. Mediation is much more cost-effective than having a trial, however, there are times when even mediation isn’t successful in resolving the case and the litigation will proceed. 

The Negotiations

As both sides prepare for trial, it is not uncommon for negotiations to continue between the victim’s personal injury lawyer and the lawyers from the insurance company, especially if the victim has a strong case. If the case does go to trial, both sides will present their evidence and arguments to the court. A personal injury attorney will use all the evidence the legal team has gathered, including police reports, witness statements, and photographs of the accident site. The attorney will also present evidence of the victim’s injuries, including medical reports and testimony from physicians who can corroborate the physical and emotional damages the victim has suffered, as well as what their future prognosis is, including any ongoing medical treatment. If the victim has been left with permanent injuries which have left them with disabilities, their lawyer will also present testimony to show what the financial impact the disability will have on the victim’s future earning capacity. Once both sides have presented their case, either a jury or judge will decide whether or not the victim has proven the defendant is responsible for their injuries and, if they are, how much financial compensation they should pay the victim. It is important to note that up until the jury or judge announces their verdict, it is still possible for both parties to settle 

What to Know About Personal Injury Claims

When it comes to personal injury law, having an Indianapolis personal injury lawyer who has extensive knowledge and experience in specific laws governing such cases is critical. Whether you’re a resident or a visitor to the Hoosier State, this post will provide you with crucial insights into Indiana’s personal injury laws.

Liability And Negligence In Indiana

In Indiana, personal injury cases are typically built on the concepts of liability and negligence. To establish a personal injury claim, the injured party (plaintiff) must demonstrate the following elements:

  • Duty of Care. The defendant (the person or entity being sued) owed the plaintiff a duty of care. For example, drivers have a duty to operate their vehicles safely.
  • Breach of Duty. The defendant breached this duty by acting negligently or carelessly. This breach could involve actions like speeding, distracted driving, or failing to maintain safe premises.
  • Causation. The defendant’s breach of duty directly caused the plaintiff’s injuries. It must be shown that the injuries would not have occurred if not for the defendant’s actions or negligence.
  • Damages. The plaintiff suffered actual damages, such as medical expenses, pain and suffering, lost wages, or property damage, due to the defendant’s negligence.

Statute Of Limitations In Personal Injury Cases

Indiana has a statute of limitations that places a time limit on filing personal injury lawsuits. Generally, for most personal injury claims, including car accidents and slip and falls, the statute of limitations is two years from the date of the injury or the date when the injury should have been reasonably discovered. Failing to initiate legal action within this timeframe may result in the loss of your right to seek compensation. Your Indianapolis personal injury lawyer will be able to determine what the timeframe is in your particular situation.

Comparative Fault System

Indiana follows a modified comparative fault system when determining compensation in personal injury cases. Under this system, if the plaintiff is found partially at fault for their injuries, their compensation may be reduced in proportion to their degree of fault. However, if the plaintiff is deemed to be more than 50% responsible for the accident, they may not recover any compensation.

Compensation And Damages In Indiana Personal Injury Cases

In personal injury cases, the injured party may seek compensation, also known as damages, for various losses, including:

  • Medical Expenses. This includes past and future medical bills related to the injury.
  • Lost Wages. If the injury leads to missed work, the plaintiff can seek compensation for lost income.
  • Pain and Suffering. Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
  • Property Damage. Compensation for damage to the plaintiff’s property, such as a vehicle in a car accident case.
  • Punitive Damages. In cases of extreme negligence or intentional harm, punitive damages may be awarded to punish the defendant and deter similar behavior.

Establishing Liability For Accidental Injuries

Whether you seek assistance to pursue an insurance claim, you need the help of our injury attorneys to negotiate an out-of-court settlement, or to take your claim before a jury, you need to prove liability under the law. Although the law provides a precise definition of liability, the bottom line involves proving negligence or even willful actions by one or more parties. Except for medical malpractice cases, Indiana follows comparative negligence law, which permits injury victims to pursue compensation even if their own negligence contributed to their injuries. However, if your negligence puts you more than 50 percent at fault for your injuries, the law prohibits you from pursuing damages from other negligent parties. The Indianapolis personal injury attorneys conduct thorough investigations of accident claims, retaining investigative experts when needed to develop the evidence needed to support client claims.

The Value Of Your Personal Injury Claim

Indiana personal injury claims often provide compensation for more than just medical costs. The law allows injury victims to pursue a wide variety of expenses related to injuries, including the following:

  • Past, current, and future anticipated medical and therapy expenses as well as costs of prescription and non-prescription drugs, bandages, and medical aids
  • Job-related costs, including time lost from work and a change in future earning ability due to an injury
  • Psychological costs, including emotional distress and interference with family relationships
  • The cost to hire assistance to handle household chores until the victim recovers sufficiently to resume daily responsibilities
  • Property damage
  • Any costs associated with permanent disability or disfigurement

Injury victims often underestimate the true value of their claims. We have been protecting the rights of clients for nearly two decades. Our attorneys have the experience needed to accurately predict the full extent of anticipated expenses, and our network of medical specialists provides the documentation and testimony needed to present the evidence needed under Indiana law.

Common Types of Personal Injury Cases

Every day, we hear from clients who have been injured in accidents caused by the negligence or recklessness of another party. Some of these victims make the mistake of thinking they can just handle the injury claim themselves, not realizing how ruthless insurance companies can be to try to get out of paying a victim the financial compensation they deserve. This is why you should always consult with a personal injury lawyer if you have been injured in an accident. Some of the more common types of accidents we hear about from our clients include the following:

  • Car Accidents

Car accidents are one of the most common causes of accident injuries. Many victims suffer serious injuries that take months to recover from. Many victims are left with permanent damage from their injuries that affect their quality of life. An Indianapolis personal injury lawyer can make sure car accident victims obtain the compensation they deserve.

  • Motorcycle Accidents

Injuries from motorcycle accidents are some of the most severe we see. There is no protection for a motorcycle rider so the impact of being hit by a vehicle can be deadly. Many victims are left with permanent injuries that require a lifetime of care. The financial impact on victims and their families can also be severe, but a personal injury lawyer in Indianapolis, IN will work to make sure victims receive the compensation they deserve.

  • Truck Accidents

Not only are the injuries from tractor-trailer accidents often catastrophic, but these cases are often more complex than other vehicle accident cases because of the number of at-fault parties that may be involved. In addition to the truck driver, other potentially liable parties include the trucking company, the freight company that loaded the cargo the truck was carrying, the company responsible for maintenance and repairs of the vehicle, or the truck manufacturer.

  • Slip and Fall Accidents

When a property owner fails to ensure his or her property is in good repair and safe, this puts people at risk of slipping, tripping, or falling. When these incidents occur, which were preventable if not for the property owner’s negligence, the victim may be entitled to pursue damages against the owner for their medical expenses, lost wages, pain, suffering, and more.

  • Medical Malpractice

When a medical professional is negligent, the injuries sustained by the patient can be devastating. Potential at-fault parties include physicians, nurses, pharmacists, anesthesiologists, and medical facilities. Malpractice cases require a keen legal knowledge of how these cases work, which is why victims should not try to pursue them on their own. It also takes a lot of diligent investigation and finding evidence to prove fault in a malpractice case, something that a seasoned Indianapolis personal injury lawyer has extensive experience in.

Indianapolis Personal Injury Law Infographic

Most Common Types of Accidents Infographic

Indianapolis Personal Injury Law Statistics

According to the National Highway Traffic Safety Administration, there were 134 traffic fatalities in Indianapolis in 2020. Accidents can change your life, and your physical injuries may just be the start of your worries. If you have been injured in a car accident, pedestrian accident or another type of accident that was not your fault, you may benefit from filing a personal injury claim. A lawyer can answer all of the questions you have about your case. 

Indianapolis Personal Injury Law FAQs

What Should I Expect to Happen During the Initial Consultation With an Attorney?

The first thing to expect is to tell the Indianapolis personal injury lawyer, everything about your accident. Don’t leave anything out. Next, you can ask questions of the lawyer, to ensure you’re a good fit. Ask questions about the attorney’s experience, their thoughts on the strength of your case, and anything else you want to know. Finally, the attorney may give you an outline of how your case would proceed.

Do I Still Have a Claim if I Am Partially at Fault?

The laws vary from state to state, but your Indianapolis personal injury lawyer can explain that Indiana is a contributory negligence state. That means that as long as you’re not 51% or more at fault for the accident, you can collect damages in a personal injury claim. The number of damages you can collect will decrease the more liable you are. We may be able to give you a rough estimate of how much your case may settle for and what percentage will be lost due to your culpability.

What Constitutes Medical Malpractice?

Medical malpractice can include any willful or accidental wrongdoing by a medical professional that causes harm to a patient. This type of personal injury case is much more difficult to pursue and prove. Medical malpractice laws are incredibly nuanced, which is why consulting with an Indianapolis personal injury lawyer can be beneficial for your case. There is a wide variety of possibilities, but some examples of medical malpractice include misdiagnoses, birth injuries, failure to treat, and surgical errors.

What Is My Case Worth? 

One of the most urgent questions that you may have for a lawyer during your consultation is the value of your case. Many factors affect how much your case will be worth, such as who you are going to sue, what injuries you have, your recovery time, the number of lost wages you suffered, and other factors. Once your lawyer finishes their investigation, they will be able to give you an estimate of your case valuation. 

How Much Time Do I Have to File a Claim? 

There is not much time to file a personal injury claim. That is why you must speak with a lawyer as soon as possible shortly after your accident. If you are interested in filing a personal injury claim, they can tell you the things that you need to include in your claim. The statute of limitations for personal injury claims varies, but in many states, it is two years. Since gathering the evidence and facts of your case can take months, it is best to talk to a lawyer right away if you need assistance with your claim. 

What Types of Cases Does a Personal Injury Lawyer Handle?

A personal injury lawyer often handles cases such as car accidents, construction accidents, premises liability, product defects, and medical malpractice. If you are a victim who has suffered an injury, it is worth learning more about your legal options.  

What if We Can’t Settle With the Insurance Company?

Though most personal injury cases do settle, in rare instances the insurance company might not be willing to agree with you. They might dispute the compensation amount that you are proposing, or they might not be responding to any of your lawyer’s attempts to contact them. Unfortunately, this makes your case much more complex. If you are facing these types of issues, your lawyer might decide that you have no choice but to go to trial so that you can increase your chances of getting compensation. 

Ward & Ward Personal Injury Lawyers, Indianapolis Personal Injury Lawyers

728 S Meridian St Indianapolis, IN 46225

Contact Our Indianapolis Personal Injury Lawyer Today

Our firm has built an astounding reputation in the Indianapolis, IN community. People of all ages come to us because they are confident in our legal strengths. A personal injury claim can be difficult to navigate, but when you choose us to represent you, you can feel confident in knowing we:

  • Conduct a thorough investigation of each case to ensure all angles are covered
  • Have the financial resources to build a strong defense
  • Are not intimidated by other lawyers or insurance companies
  • Adhere to the ethical standards of our profession
  • Don’t settle for less than what our clients deserve
  • Are prepared to go to trial
  • Have won millions of dollars in personal injury settlements

For a consultation with an Indianapolis personal injury lawyer, call us today. Collectively, Charlie and Don have acquired more than 93 years of plaintiffs’ personal injury legal experience. For nearly three decades, experienced trial lawyer Charlie Ward has served people who have been injured in the state of Indiana by negotiating, mediating, and taking their claims to trial. Contact Ward & Ward Personal Injury Lawyers today for a free consultation and let our personal injury lawyer in Indianapolis advocate for your best interests.

Indianapolis Personal Injury Lawyer Google Review

“This was my first time working with Ward & Ward Personal Injury Lawyers, after being highly recommended through a trusted friend of mine. The staff at the firm are super friendly and they have been more than accommodating with my busy schedule. If I am ever in need of legal help in there future they will absolutely be my first call!! I would recommend them 10/10 times to anyone needing legal help!” – Forrest R.

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