Can You Sue if You Are Partially At Fault in Indiana?
McGlone Law
January 2, 2024
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Don’t Go It Alone, Call McGlone
Don’t Go It Alone, Call McGlone
If you or a family member have suffered catastrophic injuries, you are most likely frightened and overwhelmed about the future. In most cases, catastrophic injuries negatively impact the victim for the rest of their life. Catastrophic injuries can also require long-term medical care, which can quickly become cost prohibitive and create financial hardship.
After suffering catastrophic injuries, the first step that an injury victim or their family must take is to obtain qualified legal representation to assist them with their case. McGlone Law of Terre Haute, Indiana is a personal injury law firm dedicated to helping injury victims to recover compensation that is in their best interests. In addition, our personal injury attorneys will work hard to ensure that your future needs are accounted for when working to obtain a final settlement.
Contact our law offices and ask to schedule a meeting with an experienced member of our legal team, who will gladly review your case and determine the best legal action.
Traumatic brain injuries, or TBIs
Spinal cord injuries
Amputation of a limb
Full or partial paralysis
Severe burn injuries
Severe or multiple bone fractures
Internal organ damage
Acquired blindness
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.
When deciding who is best qualified to represent you after you have suffered catastrophic injuries, you must look for a law firm that can provide results. Many other personal injury law firms may claim to be able to achieve good outcomes for their clients, but few can achieve the same results as McGlone Law of Terre Haute, Indiana.
Our personal injury lawyers from Terre Haute have vast experience handling all aspects of catastrophic injuries and are committed to standing by your side through the entire legal process. We dedicate ourselves to building trust with our clients as we fight for the compensation they deserve. We will act as your legal advocate and negotiate with the insurance company. If it becomes necessary to take your case to court, we will build a strong case on your behalf to obtain the maximum compensation to ensure you receive quality medical care and peace of mind.
Contact our law offices by calling 812-247-8416 and asking to schedule a free initial consultation immediately.
According to Indiana statute 42 U.S.C. § 3796b, any injury that forces you out of work or significantly reduces your income is catastrophic and recoverable by filing a claim against the at-fault party.
Many benefits come with hiring a catastrophic injury 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 injury law to proceed. An experienced catastrophic injury 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 injury 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 injury occurs to try and have you make a recorded statement on the pretext of detailing the facts of the injury. However, an insurer has the legal right to use any statement you make about the injury against you to try and lower the amount of compensation they are willing to pay you.
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 injury. If you are assigned more than 51%, you are unable to pursue damages.
Several factors work together to establish fault after a catastrophic injury. 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 catastrophic injuries, is two years. If you are under 18 years of age at the time of the injury, the two year time window starts on your 18th birthday.
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