Injury Lawsuit Settlement vs. Trial: Potential Outcomes and Differences
McGlone Law
December 9, 2024
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
Highly experienced Terre Haute Car Accident Lawyers. Three generations of expertise.
If you have recently been involved in a car accident, you are probably still trying to recover from your injuries and dealing with emotional trauma but the sooner you contact a Terre Haute car accident lawyer the faster you can start on your road to recovery. Unfortunately, a motor vehicle collision can have lasting physical and mental impacts that can be difficult to overcome, even for individuals involved in minor accidents.
As the state and national population continue to grow, the roadways become more congested with traffic, and the chances of being involved in a car wreck also increase. For this reason, car accident injuries are on the rise. Sadly, many of these car accident cases directly result from a negligent driver who, in many cases, is distracted by their cell phone.
If you are a car accident victim, you must seek qualified legal representation immediately to protect yourself and your future. McGlone Law of Terre Haute, Indiana is a personal injury law firm dedicated to assisting injury victims in obtaining maximum compensation for their car accident settlement.
If you have been injured by driver negligence, contact our law offices, and ask to schedule a free case evaluation today with our Terre Haute car accident lawyers.
Remain calm and call the police
Take photos of the scene and save dashcam videos
Exchange insurance information with involved parties
Collect witness statements and contact information
Do not admit fault
Seek medical attention
Contact an attorney
It’s important to call the police right away after a car accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive with another driver might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy. If you have questions, our Terre Haute car accident lawyers are here to help.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error while driving, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to both vehicles, the positioning of the vehicles, skid marks, will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in car accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in car accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
Remain calm and call the police
Take photos of the scene and save dashcam videos
Exchange insurance information with involved parties
Collect witness statements and contact information
Do not admit fault
Seek medical attention
Contact an attorney
It’s important to call the police right away after a car accident. Getting a police report filed will help you recover the compensation you deserve. While at the scene, remain calm. Arguing or otherwise becoming aggressive with another driver might turn into a disastrous situation. Things could escalate quickly, and even someone not previously at fault could end up in legal jeopardy.
You should always collect the driver’s license, proof of insurance and contact details for all parties involved in the accident.
Even if you made an error while driving, you may not be entirely at fault. It’s important not to admit fault in the heat of an accident because it can hurt you in court later. You may end up admitting fault when you weren’t entirely at fault or even when you weren’t at fault at all.
Photographic and video evidence of the damage to both vehicles, the positioning of the vehicles, skid marks, will help with reconstructing the accident, proving fault, and recovering the compensation you deserve.
Witness statements can add credibility to your statements about what happened. If possible, talk to those who witnessed the accident and get their contact information so they can be contacted later if needed.
Even if you don’t think you are seriously injured, you should always seek medical attention after an accident. You may have injuries that haven’t presented yet because of the adrenaline from the accident. If you wait, the insurance company will use your decision to not seek medical attention against you, claiming that you must not be injured badly if you didn’t seek help. This also goes for follow up visits. You should see your doctor every 30 days while your case is ongoing.
The best way to get the compensation you deserve is by contacting an attorney who specializes in car accident cases. Using an attorney will ensure that you’ve got someone in your corner who knows all the ways the insurance companies are going to try to devalue your claim and who won’t let that happen to you. When looking for an attorney, look for one trained in accident reconstruction and skilled in car accident personal injury cases. This kind of attorney will have the knowledge and experience with these kinds of cases that will best position them to advocate for you and the compensation you deserve.
Out-of-pocket expenses you have because of the accident. These include: past and future medical bills, lost wages, loss of future earning capacity, and property damage.
Intangible losses that don’t have a fixed dollar amount and are subjective. These include: pain and suffering, loss of enjoyment of life, loss of companionship, and permanent disfigurement and scarring.
Punitive damages are awarded to punish the defendant for wrongdoing and to discourage others from repeating the behavior. These may be awarded when the defendant has acted intentionally recklessly or with gross negligence.
Our law firm is uniquely qualified to help personal injury victims recover damages that may be appropriate for their particular case. For example, Indiana law is stringent regarding allowing plaintiffs to try and recover punitive damages. In most instances, the injury victim is not entitled to file a claim for punitive damages simply because the defendant in the case acted negligently but not with willful intent to cause harm.
Nevertheless, an injury victim may recover punitive damages if it can be demonstrated that the other party knowingly acted in a manner that any reasonable person would believe had a probability of causing harm or injury.
If you feel that your case qualifies for punitive damages, you need to consult with a personal injury lawyer immediately. At McGlone Law, our lawyers have the experience to determine if your case qualifies for punitive damages and what amount would be appropriate to request in a settlement.
According to the Bureau of Motor Vehicles, Indiana Law states a person may not operate a motor vehicle in Indiana if financial responsibility is not in effect with respect to the motor vehicle operated, or the person is not otherwise insured to operate the motor vehicle. All motorists that operate a motor vehicle on Indiana roadways are required to maintain the state’s minimum amount of liability insurance coverage for the vehicle they operate. The state of Indiana has a 25/50/25 minimum liability insurance requirement. This required minimum coverage includes $25,000 for bodily injury to or the death of one (1) individual, $50,000 for bodily injury to or the death of two (2) or more individuals in any one (1) accident, and $25,000 for damage to or the destruction of property in one (1) accident.
Many benefits come with hiring a car accident lawyer to represent you in filing an insurance claim or a lawsuit. At first, some injury victims try to hang things on their own but quickly realize they do not have enough understanding of car accident law to proceed. An experienced car accident lawyer can act as your legal advocate and help ensure all legal paperwork is filled out correctly and turned in on time.
You may have a great deal of physical and emotional damage from being involved in an accident. You may need extensive medical treatment to recover from your injuries. It can be difficult for individuals lacking legal training to determine what damages they may be able to recover and what amount they should request in a settlement. A knowledgeable car attorney can review your case and determine what is right.
In addition, if the insurer is unwilling to negotiate or tries to offer you a settlement that is not in your best interests, you need an experienced attorney on your side who will fight for your rights. Insurance companies will often deny or undervalue a claim by asserting that the victim is partially to blame for the accident.
One such method involves the insurance provider having an adjuster contact you soon after the accident occurs to try and have you make a recorded statement on the pretext of detailing the facts of the accident. However, an insurer has the legal right to use any statement you make about the accident against you to try and lower the amount of compensation they are willing to pay you.
We handle any car accident case where you are not at fault. If you are partially at fault, we can still take your case as long as the other party is 51% or more at fault. Sometimes fault is unclear, so if you’ve been in a car accident call us at (812) 247-8416 today for a free, no-obligation consultation.
Yes, you can. Multiple parties can be liable for the accident, and you shouldn’t assume that because you may have done something wrong, you are 100% at fault. Indiana follows a comparative negligence law. This law can mean that each party involved in an accident is assigned a percentage of fault, depending upon what they did or failed to do that helped to cause the accident. If you are assigned more than 51%, you are unable to pursue damages.
Several factors work together to establish fault after a car accident. Evidence includes pictures or videos of the scene and vehicles, police records, witness statements, and more. Read our blog to learn more about comparative negligence and partial fault.
The statute of limitations for most personal injury cases, including car accidents, is two years. If you are under 18 years of age at the time of the accident, the two year time window starts on your 18th birthday.
According to Indiana Statute 25-1-9.1-4, an emergency medical condition (EMC) is a medical condition manifesting itself by acute symptoms of sufficient severity, which may include severe pain, such that the absence of immediate medical attention could reasonably be expected to result in any of the following:
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