When a car accident happens, you may find yourself contemplating what next steps you should take. Whether you are researching lawyers in your area who handle personal injury suits, dealing with insurance claims, handling medical debt, and/or thinking about what claims to bring in a lawsuit, these are just a few of the things that you may be juggling. Knowing what your options are in a lawsuit, the deadline for filing a lawsuit, and other factors can be critical to recovering the damages you deserve after a car accident.
A recent news report revealed the details of a tragic accident in Fishers, Indiana. According to the report, a 2009 Toyota and a 2011 Toyota were involved in the crash, and there were three victims, one of whom was pronounced dead at the scene. The drivers of both vehicles were taken to a local hospital with serious injuries. The crash is still under investigation.
Indiana’s Negligence Laws for Car Accidents
Generally, negligence means that a person (in this case, a driver) had a responsibility or a duty of care to keep others safe, but failed to abide by the duty of care, which resulted in harm to others. There are elements that must be proven in order for a court to find that a driver was negligent, which includes a duty of care, breach of the duty, causation, and damages. In the state of Indiana, a modified comparative fault rule is applied. This means that a plaintiff can recover damages from a car accident as long as they are found less at fault for the car accident than the defendant. In response, the court will reduce the damages the plaintiff recovers according to the percentage of blame assigned to the plaintiff.
Each state also has a statute of limitations or a deadline by which a plaintiff must file a lawsuit to recover damages. In Indiana, the statute of limitations for car accidents is two years. This means that a plaintiff will be banned from filing a lawsuit to recover damages from a car accident if they file the suit after two years from the date of the accident. As such, there are important pieces of evidence that a lawyer can help a victim gather, including police reports, statements from witnesses, medical bills, and wage and earning statements.
Are You in Need of an Indiana Car Accident Lawyer?
If you or a loved one has suffered injuries or died in an Indiana car accident, contact Padove Law to talk through your options. Personal injury lawyer Burton A. Padove has years of experience representing Indiana car accident victims and their families and is ready to help. In the event of a devastating car accident, Mr. Padove works with empathy and dedication to assist victims in filing personal injury lawsuits and obtaining just compensation for their injuries. To schedule a free initial consultation, contact our office at 877-446-5294. We will not bill you for our representation unless we can win compensation on your behalf.