No one plans to suffer a personal injury in Mishawaka. But when they do, they should consider working with a skilled law firm to get the compensation they deserve.
Most people believe that legal claims are overly complex and beyond their ability to file. Our team is here to dispel that myth by providing our clients with a full understanding of how their case will proceed and what evidence will be used to decide the issues. While filing a claim on your own can be challenging, our lawyers have extensive experience with the process. Our team can focus on each aspect of your case while you focus on recovering from your injuries. However, we will keep you informed every step of the way so you know exactly how your case is proceeding and what you need to do to get the compensation you need.
For a free review of your case with our personal injury lawyers, call Wruck Paupore at (219) 322-1166.
Numerous types of accidents cause personal injuries. Many claims are filed for car accidents, while others are filed against property owners for failing to keep their premises safe. Some cases are complex and take more time to complete, like medical malpractice and product liability claims. However, most personal injury claims follow the same process. Much of the work will be done to settle the case before trial. In fact, most claims settle before going before a court. The following is how the claims process is likely to unfold when pursuing compensation for your injuries:
Regardless of the accident you suffered, you should not hesitate to reach out to our personal injury attorneys to get your claim started immediately. Time is a critical factor after getting injured because you only have a small window to file. I.C. § 34-11-2-4(a) only allows victims two years from the date of their injuries to file their lawsuits.
Getting your case started soon is important because evidence must be collected before filing your claim. Fortunately, we do not need all the evidence at the start. We simply need enough to substantiate the claims made in your complaint. We will typically start by organizing your medical records and other evidence in your possession, like photos of the accident or your injuries. The rest of the evidence we will use to build your case will be collected after it is filed.
Considering the complications that can happen during treatment, two years is not much time. If you do not file your claim before the deadline, you will not be able to recover money for your damages. Once your case is filed, the initial pressure will be off you.
As mentioned, you might already have some evidence when we meet for the first time, like your emergency room records. However, we can get your claim started if you have no documentation at all. Gathering evidence is one of the most crucial phases of your case.
For instance, if we were filing a car accident claim, we would include a police report with your medical records. What type of evidence we file with your claim will depend on the personal injuries you suffered.
Our lawyers will also go to the scene of your accident to find more potentially useful evidence. A surveillance camera might have captured your injuries. Perhaps you slipped in a convenience store. In that case, several cameras might have caught your accident. Or, your accident might have been filmed by a ring camera if you were in a car collision in front of a house equipped with one.
We will also organize your evidence. If you suffered serious injuries in your accident, you likely have been treated by numerous providers. Our team can obtain your records on your behalf and organize them so there are no gaps in your treatment that could harm your claim.
Another critical part of the process is identifying and speaking with witnesses who might help your case. Witnesses not only offer an additional perspective of the accident but also give your testimony more credibility by backing up your claims.
In some cases, we use accident reports to locate witnesses. If you have a police report for your accident or an incident report from a business, it should list anyone who saw how you were injured.
In more complex injury claims, we might need an expert witness to explain how the accident occurred or the severity of your injuries. Our team will arrange for an expert to testify for you, if necessary.
While negotiations generally take place even at the start of a claim, our lawyers like to wait until we have all the evidence you need to settle your claim for what it is actually worth. Without an accurate estimate of your damages, including both your economic and non-economic losses, you could end up settling for less.
A good settlement will cover your financial damages, like medical expenses, lost wages, and pain and suffering damages. When victims try to settle a case without a lawyer's help, they often take less than they deserve. With our team’s help, you will know if the value is right for your claim.
Fortunately, most insurance companies and defendants would rather settle a case than go to trial. The longer a case goes on, the more expensive it becomes, so it is usually not worth it for them to take it to a jury. During settlement negotiations, we will show why you deserve to be fully compensated, and if they do not, we will not hesitate to let the court decide in a trial.
While a trial is not needed to decide most claims, some must be settled by a court. For instance, a defendant and their insurance company might not settle the case if liability is unclear or if you contributed to the accident. In such cases, they might be willing to let the jury decide each side’s level of liability.
A case might also proceed to trial where the cause of the injuries is arguable. For example, if your current accident made previous injuries worse, the defense might try to confuse the cause of your current damages.
While trials can be stressful, our lawyers will prepare you for what to expect in court. Our team will handle most aspects of the trial, including making opening statements about your accident, questioning the defendant and witnesses, and making closing arguments to the court. You will likely be called to testify at some point so the other side can question you. However, our team will ensure you are ready to tell the court your story and get the damages you deserve.
Call Wruck Paupore at (219) 322-1166 to receive your free case assessment with our personal injury 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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