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When in need of compensation following accidents in Michigan City, victims can turn to our lawyers for help holding negligent parties accountable.
The time limit for filing personal injury claims in Michigan City is two years, generally. Though courts toll the statute of limitations in some cases, victims should anticipate having just two years from the accident’s date to bring claims. After an accident happens, do not discuss it in detail with the negligent party or apologize for the accident in any way. Doing so could make you vulnerable to Indiana’s comparative fault rules, lowering your recovery if applied to your case. In addition to preparing claims against comparative fault, our attorneys will also assess settlement offers as they come in, comparing them to our calculation of your damages to ensure they are fair before advising you to accept.
Call our Indiana personal injury lawyers at (219) 322-1166 for a free and confidential case review from Wruck Paupore.
The time limit for personal injury claims dictates how long victims can pursue compensation against negligent parties for accidents in Michigan City.
In general, I.C. § 34-11-2-4 sets the statute of limitations for injury claims in Indiana at two years. The clock begins counting down the date an accident happens, though some victims might get tolling for delayed discovery. This is applied in claims where victims do not discover their injuries until after the accident, which might happen when injured because of medical malpractice.
There are additional exceptions to the statute of limitations, such as cases involving nonresident defendants under § 34-11-4-1 and defendant concealment under § 34-11-5-1. For example, if an out-of-state driver hits you in Michigan City, the statute of limitations would not run for any period during which the liable driver was not present in Indiana.
When preparing your claim, our Indianapolis personal injury lawyers will identify the filing deadline and proceed accordingly. Knowing the final date by which you can file your claim is crucial, as missing it could bar you from recovering any damages whatsoever from the negligent party in Michigan City.
While victims have the full two years provided under the law to pursue compensation against liable parties, waiting that long to initiate your case could pose hurdles to meeting the standard of proof. Immediately after an incident that causes injury, our attorneys can begin tracking the victim’s damages and intentionally preserve relevant evidence, such as surveillance footage, eyewitness statements, and photographs. The more evidence gathered immediately after an accident, the sooner victims can typically file compensation claims.
Talking about your personal injury case with anyone other than our lawyers, especially the liable party, has risks. Indiana follows a modified comparative fault rule under § 34-51-2-6. To file a claim, a victim’s fault may not outweigh the party or parties against whom they seek compensation. Furthermore, if victims share fault for their injuries, their damages may be reduced, leaving them liable for some losses.
Comparative fault rules might impact victims who did not contribute to an accident if they misspeak following an incident. For example, suppose you were hurt in a car crash by a negligent driver. If afterward you apologized for the accident, even though you did not act negligently yourself, the other driver might point to that as you accepting some percentage of fault. Because of this, victims should keep conversations with at-fault parties minimal and focus on collecting the necessary information, such as their names and contact information.
Let our lawyers handle communications with the other party throughout your case so that you do not risk misspeaking and accepting liability. This is particularly important during settlement negotiations, as victims might get frustrated with the opposing side’s offers. Remaining calm and deferring to our lawyers for these matters is important, as we can make sure you do not say anything that could raise questions about your involvement in an accident in Michigan City.
To properly assess settlement offers in Michigan City, our lawyers must first calculate your total losses from an accident. We can start this process right away and identify all recoverable financial and emotional damages so you can anticipate your recovery.
The first settlement offers in personal injury claims are typically low. If victims accept these offers and sign settlement agreements, the matter will conclude there. Because accepting a settlement will end your case, ensuring it is fair and compensates you for all losses, including potential future losses, is crucial. Lump sum offers might seem fair initially as they are paid fully at once, compared to structured settlements, which are paid out over months or years. Lump sum settlements might appear substantial initially, but our lawyers will carefully review them to confirm their fairness.
Good settlements should also compensate victims for their pain and suffering due to negligence. Our attorneys can calculate your non-economic damages and might get mental health experts to explain their anticipated impact on your life. Victims may give statements themselves to further prove their pain and suffering, explaining the emotional difficulties and physical pain they have dealt with because of the accident.
Settlement talks might take time as our lawyers negotiate a fair agreement with the opposing side. While negotiating a settlement, our lawyers can refer to proof of your damages and evidence of liability and use them as leverage to increase offers. Remaining calm, patient, and committed to your financial recovery during settlement negotiations is important and might increase your chances of getting the compensatory damages you deserve in Michigan City.
To discuss your case for free with our Carmel, IN personal injury lawyers, call Wruck Paupore at (219) 322-1166.
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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Wruck Paupore P.C.
Injury Lawyers
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Dyer, IN 46311
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