Indianapolis Personal Injury Law: Frequently Asked Questions
At Parr Richey Frandsen Patterson Kruse LLP, we understand that navigating the complexities of personal injury law can be overwhelming. To help you better understand your rights and options, we have compiled a list of frequently asked questions and answers.
Our goal is to provide you with the information and guidance you need to make informed decisions about your case.
Browse through these FAQs to learn more about topics such as determining whether you have a case, the importance of hiring an attorney, and the factors that affect the value of your case. You’ll also find information on our contingency fee arrangement, the timeline for resolving your case, and the importance of filing your claim in a timely manner.
If you have any further questions or concerns, please don’t hesitate to contact us for a free initial consultation. Our experienced attorneys are here to help you every step of the way.
Table Of Contents
General Personal Injury Questions
Q: Do I have a personal injury case?
A: Whether or not you have a claim is dependent upon the facts of the particular case. Generally, a claim exists if another party was negligent and you were injured as a result of that negligence. If you do have a case, we can assist you and attempt to recover fair compensation for your damages.
Insurance companies are businesses with their own interest and profits at stake. The less money the insurance company pays to settle your case, the more profit the company makes. The insurance company may attempt to settle your case before you get an attorney. We recommend you contact an attorney before discussing your claim with the insurance company.
Our firm’s attorneys and staff have worked for over 40 years representing injury victims in negotiations with insurance companies. If you would like to discuss whether you have a case with one of our attorneys, free of charge, please email us or contact us at 317-505-1342.
Q: Do I need a personal injury attorney?
A: Claims for personal injuries or wrongful death frequently involve complicated facts or legal issues. If you make a mistake in handling your case, such as failing to comply with insurance policy language or missing a key time deadline, your case can be lost.
By hiring an attorney, you can concentrate on the important issues, such as recovering from your injuries and getting your life back in order. Furthermore, you will be freed from the anxiety and uncertainty of dealing with an insurance company.
In addition to dealing with complex legal issues, an attorney can help make sure you receive a fair result. Studies have shown that clients who hire an attorney to represent them in a personal injury case receive greater compensation than those who have not hired an attorney.
For these reasons, it is important to have an attorney on your side with knowledge of the law who is willing to ensure your rights are protected.
Q: What is my case worth?
A: The value of every case is dependent upon the circumstances and the nature and extent of your injuries. Generally, injury victims’ damages include compensation for past and future medical expenses, past and future wage loss, and damages for personal injuries, including loss of the enjoyment of life, physical pain, emotional suffering and disfigurement.
Our firm’s attorneys have significant experience in handling a vast array of cases and have experience in negotiating and litigating personal injury and wrongful death claims. That experience enables our attorneys to assist you in determining the fair value of your case and to provide you with straightforward answers to any questions you may have.
If you would like to discuss the merit or value of a potential claim, you can meet with our attorneys in an initial consultation without any cost or obligation.
Q: How much will it cost to prosecute my case?
A: There is no fee to personal injury victims or wrongful death survivors for the initial investigation of a potential case. If we are hired to represent you or your family in the matter, our firm will be paid on a contingency, or percentage, basis. This simply means we will be paid a percentage of the amount of money you recover; if no recovery is made on your behalf, you will not owe us any fees for our work. There are usually expenses, such as court fees and physician testimony fees, which our firm will pay while working on your case. These expenses are then reimbursed at the end of the case.
Our contingency fee arrangement ensures that we can keep our services affordable to injury victims while providing them with experienced representation. It also encourages us to handle only cases with merit and to work hard to fight for those meritorious cases.
Q: How long will it take to resolve my case?
A: The answer to this question can vary greatly depending upon the circumstances of each case. The biggest factor in determining how long your case will last is the length of your medical treatment. Until you have reached maximum improvement from your injury, it is difficult to settle your case. Once your medical treatment is completed, most cases are resolved within 3 to 8 months’ time. If a settlement cannot be reached and a lawsuit is necessary, the time it takes to resolve your case is dependent upon the court’s schedule.
While your case generally cannot be resolved before you have completed your medical treatment, you should not wait until you are done with treatment before you hire a lawyer. Many things can be done, and in most cases, need to be done, before you are finished with treatment in order to protect your legal rights.
While our lawyers have significant experience in taking cases to trial, the vast majority of cases are settled prior to trial, and many are resolved without the necessity of filing a lawsuit in court.
Q: How long do I have to file a case?
A: The length of time you have to file a case depends upon many factors, including the type of case and where your claim needs be filed. Some states provide that a claim for personal injuries must be filed within one (1) year of the date of the accident. However, many states, including Indiana, require most lawsuits for personal injuries to be filed within two (2) years of the injury date.
While there is generally a two-year time limit, some cases involve claims that must be filed within one year. Furthermore, most claims against governmental entities require claim notices to be sent to the governmental entity within 180 days of the accident. Failure to forward such a notice will bar your case and prevent you from receiving fair compensation.
We cannot advise you as to when your case’s notice requirement or statute of limitations runs out without complete information. Our attorneys are available for a free initial consultation to assist you. If we are hired to represent you, we will make sure your claim is filed in a timely manner.
With these things in mind, it is important that you contact a lawyer as soon as possible to ensure that your rights are timely and properly protected.
This information is provided for general reference only and is not intended to be taken as advice as to any individual case. To ensure your rights are protected, you should consult with an attorney regarding the facts surrounding your case.
Q: What if I was partly at fault for the accident?
A: Indiana follows a modified comparative fault rule under Indiana Code 34-51-2. You can still recover compensation even if you were partially at fault for the accident, as long as your share of fault does not exceed 50 percent. Your recovery will be reduced in proportion to your percentage of fault. For example, if you were found 25 percent at fault in a case worth $100,000, you would recover $75,000. Insurance companies routinely try to assign more fault to injury victims than is warranted. An experienced attorney can push back on that assessment and protect your recovery.
Q: Should I talk to the other driver’s insurance company?
A: You are not legally required to give a recorded statement to the other driver’s insurance company, and you should not do so without first speaking to an attorney. Insurance adjusters are trained to ask questions designed to elicit statements that can be used to minimize or deny your claim. Report the accident to your own insurer promptly, but when the other party’s insurer calls, politely decline to give a recorded statement until you have legal representation.
Q: Should I accept the insurance company’s settlement offer?
A: Not without consulting an attorney first. Initial settlement offers are typically made before the full extent of your injuries is known and are almost always lower than what the case is actually worth. Once you accept a settlement and sign a release, you cannot seek additional compensation, even if your medical costs turn out to be far greater than anticipated. Have an attorney review any offer before you respond.
Q: What damages can I recover in a personal injury case?
A: Indiana law allows injury victims to recover two broad categories of damages. Economic damages include past and future medical expenses, past and future lost wages, loss of earning capacity, and property damage. Non-economic damages include physical pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. In cases involving especially egregious conduct, punitive damages may also be available. Our attorneys can evaluate your specific situation and identify every category of compensation you may be entitled to pursue.
Q: What if the at-fault party does not have enough insurance to cover my damages?
A: If the at-fault driver’s insurance policy limits are not sufficient to cover your damages, you may be able to make a claim under your own underinsured motorist coverage. If the at-fault driver has no insurance at all, your uninsured motorist coverage may apply. These claims can be complex, and insurance companies do not always handle them fairly. An attorney can help you identify all available sources of recovery and pursue the maximum compensation available.
Car Accident Questions
Q: What should I do immediately after a car accident in Indianapolis?
A: Call 911, even if the accident seems minor. Check yourself and all passengers for injuries. Do not admit fault or apologize. Exchange name, contact information, driver’s license number, license plate, and insurance information with all other drivers. Photograph vehicle damage, road conditions, skid marks, and any visible injuries. Get contact information from witnesses before they leave. Seek medical attention the same day, even if you feel fine. Report the accident to your own insurance company, and contact an attorney before giving any statement to the other driver’s insurer.
Learn more about what to do after a car accident in Indianapolis.
Q: Do I need to call the police after a car accident in Indiana?
A: Yes. Indiana law requires drivers to report any accident involving injury, death, or property damage that renders a vehicle unable to be driven. Even in a minor accident, a police report creates an official record that is essential for insurance claims and any legal action. The Indianapolis Metropolitan Police Department responds to accidents within Marion County. In other counties, call the county sheriff or state police.
Q: What if the other driver fled the scene?
A: If you were involved in a hit-and-run accident, call 911 immediately and try to note any details about the other vehicle, including color, make, model, and any portion of the license plate. Seek medical attention right away. Your own uninsured motorist coverage may compensate you for injuries caused by an unidentified hit-and-run driver. Indiana law requires drivers to carry uninsured motorist coverage for exactly these situations. Contact an attorney to understand your options and protect your claim.
Q: What if the other driver does not have insurance?
A: Indiana requires all drivers to carry uninsured motorist coverage. If the at-fault driver has no insurance, you can file a claim under your own uninsured motorist policy. These claims can be surprisingly contentious, as your own insurance company still has financial interests that may conflict with yours. An attorney can help ensure your own insurer handles your claim fairly and that you recover everything you are entitled to.
Q: What if I was in a car accident and did not feel hurt right away?
A: This is extremely common. Adrenaline released during a traumatic event can mask pain for hours or even days. Whiplash, soft tissue injuries, concussions, and internal injuries frequently have delayed symptoms. Seek medical attention the same day as the accident even if you feel fine. A medical record from the date of the accident establishes a critical link between the crash and your injuries. If you wait days or weeks to see a doctor, the insurance company will argue your injuries were not caused by the accident or were not serious.
Q: Can I still recover compensation if I was not wearing a seatbelt?
A: Possibly, though it may affect your recovery. Indiana’s comparative fault rules apply, and the defense may argue your injuries were worsened by your failure to wear a seatbelt. However, Indiana law places limits on how much the seatbelt defense can reduce a plaintiff’s recovery. An attorney can assess how this issue is likely to affect your specific case.
Truck Accident Questions
Q: How are truck accident cases different from car accident cases?
A: Truck accident cases are significantly more complex than standard car accident claims. Multiple parties may be liable, including the truck driver, the trucking company, the cargo loader, the vehicle manufacturer, and others. Federal regulations govern commercial trucking through the Federal Motor Carrier Safety Administration, and violations of those regulations can be powerful evidence of negligence. Critical evidence such as the truck’s electronic logging device data, black box data, driver qualification files, and maintenance records must be preserved quickly before it is overwritten or destroyed. Our attorneys have experience handling complex truck accident litigation and know what evidence to pursue and how to pursue it.
Q: Who can be held liable in a truck accident?
A: Potentially several parties. The truck driver may be liable for negligent driving. The trucking company may be liable for negligent hiring, inadequate training, unrealistic delivery schedules that pressure drivers to skip rest, or failure to maintain the vehicle. A cargo loading company may be liable if improperly secured cargo contributed to the crash. The vehicle or parts manufacturer may be liable if a mechanical defect played a role. Identifying every liable party is critical because it affects how much compensation is available and from how many sources.
Q: What federal regulations apply to truck drivers and trucking companies?
A: The Federal Motor Carrier Safety Administration sets regulations governing hours of service, which limit how long a commercial driver can drive without rest. Drivers are required to maintain electronic logs of their driving time. FMCSA regulations also cover drug and alcohol testing, vehicle inspection and maintenance requirements, driver qualification and licensing standards, and cargo securement rules. Violations of any of these regulations can be used to establish negligence in a truck accident case. Our firm has extensive experience using FMCSA regulations to build strong cases for truck accident victims.
Q: What evidence is most important in a truck accident case?
A: Evidence that must be preserved as quickly as possible includes the truck’s electronic logging device data showing driving hours, the black box or event data recorder showing speed and braking in the moments before the crash, the driver’s qualification file and employment records, drug and alcohol test results, vehicle inspection and maintenance records, cargo manifests and loading records, and any surveillance footage from nearby businesses or traffic cameras. Trucking companies are required to preserve this evidence when they know litigation is likely, but some records are routinely overwritten within days. An attorney can send a litigation hold letter immediately to prevent destruction of evidence.
Q: How long do I have to file a truck accident lawsuit in Indiana?
A: Two years from the date of the accident for most claims. However, the complexity of truck accident cases and the speed with which critical evidence disappears make it essential to contact an attorney as soon as possible after the crash, not as the deadline approaches. If the accident involved a government vehicle, the 270-day tort claim notice requirement applies.
Q: What if the truck driver was an independent contractor?
A: Trucking companies sometimes classify drivers as independent contractors in an attempt to shield themselves from liability. However, Indiana courts look at the actual nature of the relationship rather than just the label. If the company controlled how, when, and where the driver worked, the company may still be held liable regardless of how the driver was classified. An attorney can investigate the relationship between the driver and the company and pursue all available claims.
Q: Are truck accident cases worth more than car accident cases?
A: They often are, for several reasons. Collisions involving commercial trucks typically cause much more severe injuries because of the size and weight difference between a commercial truck and a passenger vehicle. Trucking companies and their insurers also tend to carry significantly higher policy limits than individual drivers. Our firm has obtained multiple million-dollar verdicts and settlements in truck accident cases, including a $18.5 million verdict in a semi-truck accident that resulted in brain injuries and multiple wrongful death settlements in the millions.
Motorcycle Accident Questions
Q: What should I do after a motorcycle accident in Indiana?
A: Call 911 immediately. Do not remove your helmet yourself if you suspect a head or neck injury and wait for emergency responders. Seek emergency medical care even if you believe your injuries are minor. Motorcycle accidents frequently cause serious injuries that are not immediately apparent. Document the scene with photographs if you are able to do so safely. Exchange information with all other drivers involved. Get witness contact information. Report the accident to your own insurance company, and contact an attorney before speaking with the other driver’s insurer.
Q: Does Indiana have a motorcycle helmet law?
A: Indiana does not require adult motorcycle riders over the age of 18 to wear a helmet. However, not wearing a helmet can affect your personal injury claim. If you were not wearing a helmet and suffered a head injury, the defense may argue that your injuries were worsened by your failure to wear one. Whether or how much this reduces your recovery depends on the specific facts of your case and how Indiana’s comparative fault rules are applied. An attorney can advise you on how this issue is likely to affect your claim.
Q: Can I recover compensation if the other driver claims they did not see me?
A: Yes. “I didn’t see the motorcycle” is one of the most common defenses in motorcycle accident cases, but it is not a legal excuse for negligent driving. Drivers have a legal duty to be aware of all vehicles on the road, including motorcycles. If a driver failed to check their mirrors, check their blind spots, or look before changing lanes or turning, they may be found negligent regardless of whether they saw the motorcycle before the collision. Our attorneys know how to investigate these cases and build the evidence needed to counter this defense.
Q: Do insurance companies treat motorcycle accident claims differently?
A :Unfortunately, yes. Insurers and sometimes juries hold biases against motorcycle riders, often assuming that riders are reckless or that they assumed the risk of injury by riding. These biases are unfair and unfounded, but they are real. An experienced motorcycle accident attorney understands these dynamics and knows how to present your case in a way that counters those assumptions and focuses attention on the other driver’s negligence.
Q: What are the most common causes of motorcycle accidents in Indiana?
A: The most common causes include left-turn accidents where a driver turns left in front of an oncoming motorcycle, lane change collisions where a driver fails to check blind spots before changing lanes, rear-end collisions where a driver following too closely fails to stop in time, dooring accidents where a vehicle occupant opens a door into a motorcyclist’s path, and road hazards such as gravel, potholes, and debris that pose greater risks to motorcycles than to passenger vehicles. Identifying the cause is essential to determining liability and building a strong claim.
Q: What compensation can a motorcycle accident victim recover in Indiana?
A: The same categories of compensation available to any injury victim apply to motorcycle accident victims: past and future medical expenses, past and future lost wages, pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Motorcycle accidents frequently cause catastrophic injuries including traumatic brain injuries, spinal cord injuries, road rash, and limb loss, which can result in substantial long-term medical costs and lost earning capacity. Our attorneys work with medical and economic experts to fully document these damages and pursue maximum compensation.
Q: How long do I have to file a motorcycle accident claim in Indiana?
A: Two years from the date of the accident for most claims against private parties. The same 270-day tort claim notice requirement applies if the accident involved a government vehicle or a road defect on a government-maintained road. Contact an attorney as soon as possible so that evidence can be preserved and your rights protected.
Still Have Questions?
Every personal injury case is different. The answers above provide general information about Indiana law but are not a substitute for legal advice about your specific situation. If you have been injured in an accident in Indianapolis or anywhere in Indiana, contact an Indianapolis personal injury attorney from Parr Richey Frandsen Patterson Kruse LLP for a free, confidential consultation. We handle all cases on a contingency fee basis, so you pay nothing unless we recover compensation for you.