Evansville Car Accident Lawyer

Do I Need a Lawyer for My Evansville Car Accident?

Following a car accident, you might wonder whether you need a lawyer to help navigate the aftermath. The answer often depends on specific factors, including the severity of the crash, the complexity of your case, and your familiarity with the legal process. This post explores how to tell whether you need to hire an Indiana auto accident attorney to settle your claim.

Requirements for a Personal Injury Claim

The first obstacle to overcome is determining whether the details of your accident meet the standards of a personal injury claim. Under Indiana law, an at-fault driver may be liable for the cost of your injuries and vehicle damage if:

The other driver was negligent.
The driver’s negligence caused your injuries.
You sustained monetary losses (damages).
You were not more than 50% at fault for the crash.
The accident happened within the last two years.

Each condition comes with specific legal requirements and definitions that must be met. Let’s take a closer look to help you determine whether you need legal assistance.

Negligence

Negligence is a legal duty of care drivers owe to one another when they get behind the wheel. It’s up to you to prove that the driver failed to use a reasonable standard of care and that the failure directly resulted in your injuries. Evidence like police reports, witness statements, and accident scene photos can help support your claim.

Damages

You must show that you suffered monetary damages as a result of the accident. This can include medical expenses, lost wages, or property damage. Keeping detailed records of your costs is crucial for proving these losses.

Fault

Indiana follows a modified comparative fault rule. This means your injury compensation may be reduced by your percentage of fault—and if you are deemed more than 50% liable, you may not recover compensation at all. For example, if you are found to be 20% at fault and awarded $100,000, you could receive $80,000 (usually paid by the at-fault driver’s insurance company).

Statute of Limitations

In Indiana, the time limit for filing a personal injury lawsuit is two years from the accident date. While that may seem like a long time, evidence in car accident cases is often lost just hours after the crash as the scene is cleared away, making it vital to contact an attorney as soon as possible.

Who Can Bring a Claim?

In Indiana, anyone who has suffered an injury or damage due to someone else’s negligence has the right to file a lawsuit. For example, you may bring legal action if you are:

A driver who suffered injuries due to another driver’s negligence. In this case, you would likely file a claim against the at-fault driver’s insurance.
A passenger in a vehicle. If you were hurt while riding as a passenger, you could also file a claim against the at-fault driver or, in some cases, the driver of the vehicle you were riding in when the accident occurred.
A pedestrian or bicyclist. If you were struck by a vehicle while walking or riding a bike, you may have grounds to bring a claim against the driver.
An injured motorcyclist. If you were run off the road or struck by a four-wheeled vehicle, you may file a lawsuit against the driver who wouldn’t share the road.
The parent or relative of a deceased victim. If a car accident results in a fatality, family members may file a wrongful death suit against the responsible party.

When Should I Talk to a Lawyer?

While it’s possible to handle a car accident claim on your own, there are specific circumstances in which consulting with a lawyer becomes vital:

Severe injuries. If someone involved in the accident has serious injuries, seeking legal counsel is wise. Severe injuries often involve extensive medical bills, permanent disability, long-term care, inability to work, and other significant damages.
Disputed liability. If there is any disagreement about who is at fault, an attorney can help build your case and ensure you are not unfairly blamed for the incident.
Insurance company challenges. If the insurance company refuses to pay a claim or offers an inadequate settlement, an attorney can protect your interests and negotiate for you.
Complex cases. If the accident involved multiple parties, commercial vehicles, or other complicating factors, a lawyer can help untangle the legal complexities so that all liable parties are held accountable.
Time constraints. If you are nearing the deadline for filing a claim, it’s essential to consult with a lawyer as soon as possible to fight for your right to compensation.

The Evansville auto accident attorneys at Tuley Law Office can take over the burden of your injury case so you can take the time you need to heal. We fight to get you the compensation you deserve for your suffering and do not charge anything unless we recover damages for you.

Contact our team today for a free consultation.

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