Legal intervention is essential if you have been involved in a car accident. Depending on who is filing the claim, there are a number of damages you can pursue, such as medical bills, loss of wages, emotional distress, or vehicle repair.
An Evansville car accident lawyer can be your advocate in seeking justice and ensuring you receive the fair compensation you deserve.
Read on for the most important aspects of filing a car accident personal injury claim and all the ways Rosenfeld Injury Lawyers can help you advocate for your legal rights. We have a proven history of achieving positive outcomes for our clients. Contact us today for a free case evaluation!
What to Do After a Car Accident in Evansville, Indiana
Navigating the aftermath of a car accident can be a stressful experience. Here’s what you should do if you have been involved in one:
- Make sure everyone involved is safe – Turn on your hazard lights and use warning triangles. Seek medical attention if anyone has been hurt or is in need.
- Call 911 to report the accident to the local authorities – Make sure you also obtain a copy of the accident report to keep for your records.
- Collect information – Exchange names, contact and vehicle information, and insurance details of all the parties involved in the car accident. As well as the names and contact information of any witnesses.
- Document the scene – Take photos of the scene and make sure you include vehicle damage, license plates, the surrounding area, and any physical injuries sustained.
- Report the car accident to your insurance company – Do not admit fault or say anything that might compromise your claim. Also don’t sign anything the other driver’s insurance company might offer without consulting a lawyer.
- Start collecting evidence – Keep records of all interactions, expenses, and communications that relate to the accident. This can include medical evaluation reports, medical bills, repair estimates, or correspondence with insurance adjusters.
- Contact an Evansville car accident attorney – Even if your insurer offers to settle your claim directly, it’s vital to get early legal advice so you can understand how much compensation you are entitled to.
The Most Common Causes of Car Accidents
The most dangerous road in Indiana runs through Evansville. US 41 sees an average of 11 fatalities a year. [1]
About 94% of all car accidents can be attributed to human error, with the remaining percentage relating to vehicle failure, the environment, and other unknown critical reasons. [2] The most common causes of car accidents are:
- Speeding is the cause of most car accidents resulting in death, at 18.5%. It’s estimated to cause 27% of fatal Indiana car accidents.
- Impaired driving due to alcohol or drugs contributes to 11.2% of fatal auto accidents.
- Distracted driving, which is estimated to contribute to 5.5% of fatal car accidents in the US, often involves activities such as texting, talking on the phone, or eating while driving.
- Reckless driving, which includes behaviors such as tailgating, road rage, aggressive driving, and ignoring traffic signals, contributes to 8.3% of fatal auto accidents.
- Poor visibility, due to adverse weather conditions or objects near or on the road, is the reason behind 4% of fatal car accidents. [3]
Financial Compensation That We Can Secure for Car Accident Victims
When it comes to car accidents, there is no standard or fixed compensation figure that universally applies to all cases. Instead, the settlement amount varies and is influenced by several factors, including the severity of injuries, medical expenses, property damage, lost wages, pain and suffering, and insurance coverage.
Here are a few examples of compensation secured by the car accident attorneys at Rosenfeld Injury Lawyers:
- $7,000,000 awarded to a pedestrian struck by a company car. The car’s driver was on duty for a national medical supplier, visiting the city for a meeting at the time of the accident.
- $2,500,000 in an under-insured motorist claim on behalf of a passenger in a vehicle who suffered injuries on the face and lost their vision.
- $1,000,000 settlement at the policy limit in a wrongful death lawsuit concerning a rear-seat passenger who tragically lost their life when the vehicle was rear-ended.
Damages That Our Evansville Car Accident Attorneys Can Help You Recover
If you were involved in a car wreck, there are a number of damages our lawyers can help recover. This depends on who is filing the claim but may include:
- Past and future medical expenses
- Physical pain and suffering
- Loss of past and future wages and income potential
- Disability and/or disfigurement
- Emotional distress or psychological trauma
- Vehicle repair or replacement
- Loss of enjoyment of life
Car Accident Wrongful Death Claim
If you have lost a loved one in a car accident in Evansville, you may be able to pursue a wrongful death claim to recover damages, such as:
- Funeral costs
- Medical expenses
- Loss of financial support
- Loss of companionship
- Emotional trauma
- Vehicle repair or replacement
- Loss of enjoyment of life
Filing a Car Accident Claim With Rosenfeld Injury Lawyers
Our Evansville car accident lawyers can help you prepare an investigation, protect you from insurance companies, and, if necessary, represent you in court. They can also assist in calculating your settlement and ensuring that you receive the maximum compensation possible.
The process for filing a car accident claim typically involves a few steps. Here’s how Rosenfeld Injury Lawyers can assist at each stage.
- Free consultation – Our law firm offers free consultation to understand the details of the accident and provide initial guidance on the potential for a claim.
- Case investigation and gathering evidence – We conduct a thorough investigation into the accident, gather evidence, and assess the extent of the damages. This may include obtaining the police report, interviewing witnesses, and collecting medical records and bills.
- Consulting experts – If needed, your Evansville car accident lawyer can also consult with accident reconstruction experts, medical professionals, and other relevant specialists to strengthen the case.
- Negotiating with insurance companies – We negotiate with the insurance companies on behalf of car accident victims to recover damages including but not limited to medical expenses, lost wages, and pain and suffering.
- Preparing for trial if needed – Insurance claims are usually settled out of court. However, if a fair settlement cannot be reached, we prepare the case for trial and represent the client in court to pursue the full compensation they deserve.
You Have Limited Time to File a Car Accident Lawsuit
The Indiana statute of limitations refers to various aspects related to car accidents in Evansville. For example, you have up to two years to file a lawsuit for personal injury and wrongful death claims arising from them.
If the car crash involves a product liability claim, such as a defective vehicle part, the statute of limitations under Indiana law may vary. So, hiring a skilled Evansville car accident lawyer promptly is crucial as you will need to take all necessary legal actions within the legal time limits.
At Rosenfeld Injury Lawyers, we offer a free case evaluation that will allow you to understand your legal options and the potential time constraints associated with your specific case.
The Time It Takes to Settle a Car Crash Case
The time it takes to settle a car accident case can vary significantly but ranges from several months to several years. There are many factors that can affect the duration of the settlement process, including the complexity of the case, the severity of the injuries, and the willingness of the insurance company to offer a fair settlement.
It is crucial to hire the services of Indiana car accident attorneys as early as possible, so they can begin the investigation, gather evidence, and handle communication with the insurance company from the outset; all while meeting all legal deadlines and protecting your right to pursue compensation.
Proving Fault in an Evansville Car Accident Case
Fault in car accident cases is determined based on negligence or carelessness. To prove it, your car accident lawyer will need evidence such as witness statements, medical bills, documentation related to any accident-related injuries, police reports, and more.
Indiana follows a comparative fault system, allowing individuals to claim damages even if they are partially at fault. Their total compensation will be reduced by their percentage of blame. It’s essential to gather strong evidence and work with an experienced car accident attorney to navigate the complexities of fault determination.
The Most Common Car Accident Injuries That You Can File a Claim For
Some of the most common car accident injuries that individuals can file a claim for include:
- Traumatic brain injuries (TBI)
- Fractures and broken bones
- Soft tissue injuries
- Post-Traumatic Stress Disorder (PTSD)
- Spinal cord injuries and paralysis
- Disfiguring facial injuries and scars
- Limb loss and amputation
- Whiplash
- Burns
- Internal bleeding
- Other neck injuries
- Back and spine injuries
- Herniated disk
Factors That Affect Car Accident Settlement Amounts
There are a few factors that can affect your Evansville car accident settlement amounts, such as:
- The level of insurance coverage available, both for the defendant and the claimant.
- The extent of the claimant’s losses, including medical expenses, lost wages, and other tangible costs.
- The severity of the injuries, where more serious injury typically results in higher settlements.
- The nature and duration of the medical treatment required, as well as the potential long-term effects of the injuries.
- The circumstances of the accident, including any evidence of egregious negligence, such as distracted driving, can impact the settlement amount.
Types of Cases That Our Evansville Car Accident Lawyers Handle
Our lawyers in Evansville can handle various types of car accident cases, including:
- Personal injury claims – Compensation for injuries such as whiplash, fractures, traumatic brain injuries, spinal cord injuries, and more.
- Wrongful death claims – In the unfortunate event of a car accident victim’s death, our injury attorneys assist the families of the deceased to seek compensation for their losses, such as funeral expenses and loss of financial support.
- Rollover accidents – Cases where a vehicle tips over on its side or roof, which can result in severe injuries and significant property damage.
- Speeding and distracted driving accidents – Both of these can lead to more severe injuries and a higher likelihood of fatalities.
- Car accidents involving commercial vehicles – An Indiana truck accident personal injury attorney from our team can handle such cases which often result in serious injuries due to the size and weight disparity between trucks and passenger vehicles.
- Uninsured driver accidents – In cases where the at-fault driver’s insurance is not suitable or they are uninsured, our car accident injury attorneys can help you navigate the legal process to recover compensation through other means.
Legal Liability for Car Accidents
The determination of liability in a car accident, or who caused it, is based on various factors such as negligence and intentional misconduct.
The parties that can be held liable include:
- The driver who caused the accident may be liable for all damages incurred in the crash.
- The vehicle owner, if the at-fault driver is not the owner themselves.
- The car manufacturer, when the accident happens because of a defect in the vehicle or one of its components.
- Government entities, when the cause of the accident is, for example, a poorly maintained road or inadequate signage.
- Commercial entities, such as trucking companies, for instance, for lack of training or maintenance.
- Third parties, or parties not directly involved in the accident, that may have contributed to the circumstances that led to it.
In some cases, multiple parties may share liability for an accident, too. Each one can be held responsible for a different extent of the damages, allowing the injured party to seek full and fair compensation from any or all of them.
How Much Does an Evansville Car Accident Lawyer Cost
Hiring an experienced car accident lawyer from our team comes at a contingency fee. This means that we will not receive any payment for our legal services unless the client recovers compensation. Once we secure your settlement, we will be paid a percentage of the total amount.
Contact an Evansville Car Accident Attorney Today!
In a car accident case, it’s essential to gather evidence and secure skilled legal representation to establish and prove liability.
If you have questions about your case or need assistance in pursuing compensation for car accident damages in Evansville, Indiana, don’t hesitate to contact an experienced personal injury attorney for a free consultation and a thorough evaluation of your options.
Rosenfeld Injury Lawyers, LLC, is a top-rated firm with years of experience handling serious car accident cases. We have an AVVO rating of 10/10 and have been selected among the Best Law Firms.
Call us toll-free today at (888) 424-5757. We’re here to help 24/7.