Whether a minor fender-bender or a devastating T-bone collision, car accidents in New Albany can cause numerous damages that are hard to contend with. When you need compensation for a car accident you did not cause, our lawyers can work to obtain the compensation you’re entitled to.
Driver negligence comes in countless forms. Many accidents are caused when drivers do not follow traffic laws, while faulty repairs and defective car parts cause others. No matter how you sustained your car accident injuries, our team can help by gathering evidence and accurately assessing your damages. We can also pinpoint your last day to file your case and file it before the deadline. If time is running out to file your claim or the defendant is not in the state, our lawyers can fight for more time to make your case.
For a free case review today with our dedicated Indianapolis car accident lawyers, call Wruck Paupore at (219) 322-1166 now.
After a car accident in New Albany, getting medical attention should be your primary concern. While it is natural to take some time to process what you have been through, you will not want to wait too long after getting care to start a legal claim for compensation. Under I.C. § 34-11-2-4, vehicle accident victims only have two years to file their claims from the day they are injured.
To avoid this disastrous outcome, contact our skilled car accident attorneys immediately. We can quickly gather and organize evidence so your claim is filed correctly. Waiting too long to file a claim can be extremely costly. If a claim is initiated after this “statute of limitations” period ends, the victim will be denied any path toward compensation. Even if the claim is filed in time, important evidence and witnesses could be lost if significant time has passed since the accident.
By working with our attorneys soon after your crash, we can gather evidence while it is fresh, like your statements of the incident. We can investigate the scene for surveillance cameras and request the footage before it is erased. This will also give defendants less time to lose or forget evidence that could help prove your claims against them, which they will be required to turn over after your case is filed. Once your claim is filed, though, we can take the time we need to develop your case fully and negotiate a settlement that compensates you for each of your damages.
Fortunately, the statute of limitations does have exceptions that recognize certain situations where justice would be denied by preventing victims from filing their claims after the deadline. For instance, some people do not want to be held accountable for their actions in a collision, so they give a false name, contact details, or bogus insurance information to frustrate legal claims against them. According to § 34-11-5-1, if a defendant withholds a fact that prevents the victim from bringing an action, they will have two years from the date they discovered the concealment to file a claim.
You will also have more time to file a claim if the person who hit you is a nonresident of Indiana, as per § 34-11-4-1. Considering New Albany sits just across the Ohio River from Louisville, KY, this situation is not as uncommon as one might think. If the other driver refuses to come back to New Albany to face justice or does not have someone within the state to accept service as their agent, the time they are outside of Indiana will not count against you.
Another common exception to the general deadline is for those with a legal disability at the time of the accident. This includes those under the age of 18 when injured and those with a recognized mental or physical disability. According to § 34-11-6-1, these car accident victims can file a claim within two years after the disability is “removed.” This means two years from a child’s 18th birthday or when a disability is no longer considered to prevent one from exercising their legal rights.
Drivers’ negligence causes the vast majority of car accidents in New Albany. However, driver negligence comes in countless forms. Determining how a car accident was caused allows our attorneys to assess liability fully and locate other valuable sources of evidence. Ultimately, it will be the basis of our negligence arguments against the defendant.
Many car accidents are caused by negligent drivers breaking one or more traffic laws. Texting and driving is against the law, just like speeding or running a red light. Speeding drivers cause many other collisions. Breaking one or more traffic laws can always be used as evidence of negligence.
Other accidents are caused when a driver fails to exercise reasonable care. For instance, they might be doing the speed limit while crossing the Sherman Minton Bridge, but if there is heavy traffic or a thunderstorm, doing the speed limit might be unreasonable compared to other drivers under the circumstances.
In rarer situations, the driver is not at fault at all. Instead, the accident was caused by a defective car or part. Car designers and manufacturers should recall vehicles with known defects. Devastating accidents often result when they do not and can be liable for negligently manufacturing the car or the part.
In other cases, the car was negligently serviced by a repair shop or dealership. For example, your brakes could have failed soon after having the pads and rotors replaced. Our team can gather evidence to show how the repairs failed to meet expectations, if they were done at all.
Contact Wruck Paupore at (219) 322-1166 for a free and confidential case assessment with our car accident attorneys.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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