Personal Injury

Personal Injury Overview

Thousands of Indiana residents are seriously injured every year as a result of the careless or reckless conduct of another person, company, or governmental agency.  These harms are often devastating and can take many forms (e.g., physical, emotional, and financial).  Personal injury victims are entitled to be fairly compensated for their injuries; however, the legal process of recovering fair compensation for a personal injury can be confusing, even intimidating.

A personal injury claim can arise for any number of reasons, including but not limited to the following:

  • Auto & Truck Collisions
  • Uninsured Motorist Coverage
  • Wrongful Death
  • Medical Malpractice
  • Nursing Home Negligence
  • Prescription Drug Injury
  • Slip & Fall Accidents
  • Defective Products

At Spalding | Law llc, we are dedicated to helping victims of negligence.  We know the emotional and financial hardships that a personal injury can cause and understand that money alone cannot replace what has often been lost.  We protect the legal rights and interests of personal injury victims so they can put their time and energy into healing and recovering.

If you have suffered a personal injury or a loved one has died as a result of negligence, please contact us to learn more about your legal rights and the compensation you deserve.  For a free consultation with an attorney at Spalding | Law llc, call us at (812) 339-4433 or contact us online.

Rights of Personal Injury Victims

Insurance companies frequently offer personal injury victims quick settlements that are usually far less than what an injury is worth and what they are willing to pay.  By navigating the process of pursuing a claim with an insurance company or trying a case before a jury, an experienced personal injury attorney should be able to maximize the amount of recovery for personal injury victims.

Personal injury victims and their loved ones are entitled to be fully compensated for all of their losses and suffering.  This often includes:

  • Pain & Suffering
  • Loss of Earning Capacity
  • Medical Expenses
  • Loss of Companionship
  • Lost Wages
  • Property Damage

The value of a personal injury claim depends on numerous factors, including the amount of medical bills (past and future) and lost of income, as well as the permanency of the client’s injury.  Insurance limits and/or statutory caps on damages are also an important consideration when determining the value of a case.

Process of a Personal Injury Claim

Each personal injury case is different.  With that said, healing and recovering is the most important thing to do after every personal injury or wrongful death of a loved one.  This is rarely easy.  At Spalding | Law llc, we do more than just deal with insurance companies or the lawyers they hire.  We listen to our clients and do everything we can to help them heal and recover.

The first step in a personal injury claim is to meet with an attorney who has experience handling such cases.  Prior to then, personal injury victims should not talk about what happened with anyone but their immediate family.  This is particularly the case with regard to insurance adjusters who will hastily call and request a recorded statement.  During an initial meeting, personal injury victims and the lawyer should engage in a candid discussion about the case.  If the lawyer wishes to take the case, personal injury victims can retain him or her by signing a written fee agreement.

A personal injury attorney and his or her staff will then investigate numerous aspects of the case.  Clients can help this process in many ways, especially by documenting as mostly facts as possible about the accident and their injuries; by keeping detailed notes about conversations they have had about the accident; by preserving evidence (especially photographs and medical bills/records) that regard the accident and their injuries; and by helping identify witnesses.

When the lawyer has secured all of the client’s medical and billing records – which can take some time if the client is still receiving treatment – and has completed his or her investigation of the facts, the lawyer will engage in discussions with the defendant’s insurance company.  In most cases, the lawyer will prepare a formal demand package that includes a wide range of records and photographs.  Settlement negotiations usually follow, though not always.

If an agreement cannot be made, the lawyer will file a lawsuit on behalf of his or her client against the responsible parties.  Personal injury claims are typically filed in a state (as opposed to federal) court and in the county where the accident or incident occurred.  At that point, the insurance company will hire an attorney to represent the defendants and the parties will exchange “discovery” requests.  These requests usually include written questions, requests for relevant documents, and depositions.

The parties will use this information as evidence during the trial of the case.  Before that happens, most judges will require the parties to attend mediation where a neutral lawyer (the mediator) tries to find a middle ground between the parties.  If mediation does not work, the case will be tried in court, most likely before a jury.  Personal injury trials usually take several days to complete.

Legal Fees

Many personal injury victims mistakenly believe that hiring a lawyer to represent them will be too expensive.  Most law firms, including Spalding | Law llc, represent personal injury clients on a contingency basis.  Pursuant to these agreements, the client pays the lawyer a percentage of the recovery and does not make any payment until the case is resolved.  In most cases, the fee is one-third of the total recovery in addition to any costs or expenses advanced by the lawyer on the client’s behalf.

If you have suffered a personal injury or a loved one has died as a result of negligence, please contact us to learn more about your legal rights and the compensation you deserve.  For a free consultation with an attorney at Spalding | Law llc, call us at (812) 339-4433 or contact us online.