Tag Archives: Statute of Limitations

Why personal injury attorneys and car accident lawyers may refuse your case – Statute of Limitations

Why car accident lawyers and personal injury attorneys may refuse your case – Indiana Statute of Limitations

Personal injury lawyers and the Indiana statute of limitations

Every so often, I receive a call from someone who has been unsuccessful in securing legal representation for their personal injury claim. There are as many reasons why an injury lawyer will turn down a claim, as there are facts and circumstances surrounding the claim. In part 1 of this series, I’ll explain why attorneys may turn down a case nearing the statute of limitations.

Consultation – The Groundwork – Personal Injury Attorney and Car Accident Lawyers

Before a personal injury lawyer agrees to represent a claimant, both parties will meet face-to-face to discuss the potential claim. The attorney will want to study the police report and accompanying eyewitness testimony, review medical records and provider billings incurred to date and examine any other evidence available at this early stage of the process. If liability or collectability is in question, a deeper investigation may be necessary. When an attorney believes a claim has value and has faith in the honesty and integrity of the claimant, they will enter into a contingency agreement whereby the attorney agrees to advance the firm’s monetary and staff resources to pursue the “win” for their client. It is costly to litigate a case. Expenditures made on behalf of the client and their claim may include but are not limited to investigation, research, document preparation, court costs, exhibits, reports, expert witness fees, court reporters, professional fees and costs of mediation.

The Statute of Limitations – Personal Injury Cases

The statute of limitations is a time limit imposed upon a claimant or representative of a deceased person to notice defendants and file a claim with the court against the person(s), entity or entities responsible for their damages. Indiana has a 2-year statute of limitations to file a personal injury claim against parties responsible for their economic, non-economic   and punitive damages. In claims involving a governmental entity, the claimant must file a Notice of Tort Claim within 180 days of the accident. These deadlines begin to run from the date the claimant received the injuries or the claimant’s date of death. Exceptions may be found at IC 34-11-2-4. It is unfortunate when people wait to pursue their claim against the wrongdoer until days or even weeks before the statute of limitations has run. It takes time to review a claim and to mount an effective case. Many lawyers are reluctant to commit their professional time, services and financial resources to a claim filed in haste.

Experienced Car Accident Lawyers | Personal Injury Attorneys

If you or someone you know has been involved in an accident, our firm recommends you consult with an attorney experienced in personal injury matters as soon as possible. The attorneys at Ward & Ward Law Firm have more than 85 combined years of experience practicing personal injury, wrongful death and medical malpractice law. Call Charlie Ward today at 317-639-9501 for a free consultation.

Charlie Ward
Ward & Ward Law Firm, Car Accident Lawyers
728 S Meridian St
Indianapolis, IN 46228
[email protected]
Phone: 317-639-9501

Maximizing Settlement Value of Trucking Accident Claims

AutoTruck  Accident Compensation Lawyer Compelling Factors in a Truck Accident Settlement

Trucking accidents impact lives on a large scale and have lasting consequences. When negligence is involved, injured victims deserve full compensation for medical treatment, lost wages, and pain and suffering. Insurance companies may be quick to initiate a truck accident settlement. However, it is essential to consult with an experienced attorney before accepting any settlement offers or else you risk settling for much less than you deserve.Call Charlie Ward at 317-639-9501
 

Estimating a proper settlement in an Indianapolis trucking accident

No two Indianapolis truck accidents are the same. How much your accident settlement is worth depends on a number of factors, including:

  • The extent of injuries
  • How your injuries impact your life and livelihood
  • Where the accident claim is filed
  • The ability of your attorney to present a compelling case

Prior cases and court decisions also weigh heavily on the outcome of an Indianapolis truck accident settlement.

At Ward & Ward, we take the time to understand your complete story and assess the difference in your quality of life before and after a truck accident. We leverage experience and knowledge to obtain fair settlements for accident victims and their families.

Our experienced Indianapolis attorneys maximize recovery

Having the skilled attorneys of Ward & Ward behind you maximizes the value of your settlement in several ways:

  • Access to key resources – We preserve evidence, fully investigate truck accidents, and establish negligence of the other party. We also document the full impact of injuries, including necessary future treatment to ensure bills are paid and families are not left in financial ruin.
  • Specialized knowledge – The trucking industry is governed by complex state and federal laws. At Ward & Ward, we focus almost exclusively on personal injury cases, including truck accidents. So we understand the specifics of Federal Motor Carrier Safety regulations and Indiana laws, including the statute of limitations. Our attorneys pinpoint negligent acts, identify trucking law violations, and determine all potential defendants to help you receive the best possible Indianapolis trucking accident settlement.
  • Leverage with the insurance companies – Even before you file suit, the insurance companies may offer to settle your case. However, an early accident settlement is likely to reimburse only a fraction of total damages. Involving an attorney protects your interests and demands that the insurance companies take you seriously and offer full reimbursement for your losses.

Handling your Indiana truck accident and injury cases

If you or a loved one is a victim of an Indianapolis trucking accident, contact Ward & Ward to arrange a free consultation. We are available to speak with you 24 hours a day, seven days a week.

Indiana Statue of Limitations on Personal Injury Cases Involving Auto, Motorcycle, Trucking, Cycling and Pedestrian Accidents

Indiana’s Statute of LimitationsCall Charlie Ward at 317-639-9501

If you’re a fan of television serials that dramatize the judicial and legal system, no doubt you’re familiar with the term “Statute of Limitations”. The Statute of Limitations defines the maximum amount of time in which one can wait to file a legal claim. Once the time period has lapsed, the claimant is forever barred from making a claim. Federal statutes set the limitation for cases brought in Federal Court. Such cases may include but are not limited to bankruptcy, federal tax matters and disputes with federal agencies.

Indiana Statute of Limitations and Notice of Tort Claims against Government Entitles and Public Employees

States enact their own statutes of limitations for all other matters conducted under local jurisprudence. For cases involving claims of personal injury in the state of Indiana, a time limit of two (2) years applies to the victim(s) of an injury to their “person or character” [See Inc. Code § 34-11-2-4(1)], i.e. a party injured in an auto, motorcycle, truck, semi tractor-trailer bicycle or accident as a pedestrian, has only two years from the date the injury occurred to seek the advice of an attorney and file a claim against the responsible party. However, in some instances involving a “Governmental Entity” (i.e. action against State Police Department, Fire Department, ambulance, School Corporation, etc.) the Tort Claim Notice must be filed within 180 days of the accident or else the Statute of Limitations will forever bar any cause of action.

Attorneys may decline a case if the Statute of Limitations is About to Run

After a crash, people often attempt to resolve their own property damages and medical issues without the benefit of an advocate – an attorney who works on their sole behalf. Meanwhile, the clock ticks on the Statute of Limitations. And by the time the injured party becomes overwhelmed by a growing list of medical bills and an insurance specialist bearing down for a signed settlement agreement, precious time has passed.

Two years may seem like a great deal of time but in some cases, it may take a couple of years before the extent of injuries are fully realized and treatment options can be explored. Our lawyers recommend that you seek counsel with an attorney experienced in matters of personal injury as soon as possible after your involvement in an accident. The injured person’s first priority should be to allow the healing to take place. Your attorney will sort through the medical bills for you and work with the institutions that have provided your medical care so you can focus on just getting better. Meanwhile your attorney will investigate the accident, talk to witnesses, obtain evidence and keeps the lines of communication open with the insurance company(ies) involved.

Many attorneys will refuse a case that is nearing the statute of limitations because of the amount of time required to fully investigate the facts. Remember, you only have two years to file a claim for a personal injury case in the state of Indiana.

Experienced Personal Injury Attorney

The law firm of Ward & Ward will consult with you at no charge and give you an honest assessment of your case. If you’ve been injured in an accident involving a car, motorcycle, semi tractor-trailer, van, or as a cyclist or pedestrian, please call us today or visit our website at https://www.wardlawfirm.com.

Charlie Ward

[email protected]

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

 

How Do I File a Wrongful Death Claim?

Indianapolis IN Accident Attorney

Who can bring a wrongful death claim?

If your spouse, parent, or other relative on whom you depend dies from injuries sustained because of the wrongful act or omission of someone else, you have the right to bring a wrongful death action against the person or entity responsible.

Filing a wrongful death claim in Indiana

Call personal injury and accident lawyer Charlie Ward today for a free consultation

As soon as you are able after the death of your loved one, you should contact an Indianapolis wrongful death attorney to protect your right to compensation. Your wrongful death attorney will want as much time as possible to investigate the details of the case before filing with the court—do not wait until the last few months before the statute of limitations runs out.

What acts can lead to a wrongful death lawsuit?

According to Indiana law, if your loved one could have maintained a lawsuit against the person who caused his or her injury and death, and if you depended on your loved one for support, then you are entitled to bring a wrongful death suit on his or her behalf.

Typical acts of negligence that may unfortunately lead to a wrongful death include:

  • Medical malpractice
  • Motor vehicle accidents caused by driving while under the influence of alcohol or drugs, driving while texting, driving while distracted, or other negligent behavior behind the wheel
  • Negligent design or hazardous conditions created by the building owner or management
  • Other catastrophic injury resulting from negligence or recklessness

What compensation is available in a wrongful death suit?

Typically, damages permitted in a wrongful death case include:

  • Medical, hospital, funeral and burial expenses
  • Compensation for your loved one’s pain and suffering in any period of consciousness between injury and death
  • Losses you suffered as a result of your loved one’s death, including: loss of financial support; loss of service; loss of gifts and other valuable gratuities; loss of parental training and guidance; and loss of society and companionship

Skilled and seasoned Indianapolis personal injury attorneys working to protect your rights

If you recently lost a loved one due to the negligent actions of someone else, the wrongful death attorneys at Ward & Ward can help ensure that you do not suffer needless financial distress in addition to mourning your tragic loss.  Ward & Ward invite you to contact them as soon as possible to arrange a free initial consultation about your case, by phone at 888-316-3449, through their website, or simply by visiting their conveniently-located Indianapolis office.

By Charlie Ward

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