Legally Reviewed by:

Jonathan Rosenfeld

February 29, 2024

Over $400 Million worth of case results

Awarded The Best Lawyer in 2024 by U.S. News

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Car accidents cause serious injuries that can often be fatal. In the first quarter of 2023, the 655 vehicle crashes recorded in Indianapolis resulted in 33 that were fatal and 714 that caused incapacitating injuries. [1] You can seek damages from the person at fault but it’s easier said than done.

As you’ll find out below, there may be other liability claims you can make depending on the type of accident you had. Proving fault in an accident case is a very precise endeavor that must be handled professionally.

Hiring an experienced Indianapolis car accident lawyer is the right way to win damages that compensate you fairly for the injustice.

Filing a Car Accident Claim With Rosenfeld Injury Lawyers

Our experienced Indianapolis car accident lawyers have over 25 years of relevant experience and understand the legal intricacies of car accident claims. We’re committed to getting you the maximum compensation possible for injuries caused by someone else’s negligence.

When you contact us to file a claim, this is how the process will unfold:

  • Free No-Obligation Consultation – We offer you a free consultation without any obligation. You just need to tell us what happened and we’ll evaluate all of the legal options and let you know who you can sue and for how much in damages.
  • Case Investigation – We’ll investigate the different factors involved in your accident to find out all of the parties responsible for paying you compensation. This will include inspection of the accident scene, contacting eyewitnesses, going through police reports, and anything else needed to apply the full force of state and federal laws to your case.
  • Consultation With Experts – Our goal is to establish a strong legal foundation for your car accident claim. We’ll seek the opinions of medical experts, car accident reconstructionists, and other professionals to highlight the pain and suffering you’ve endured because of the accident.
  • Securing Evidence – We move quickly to secure all evidence related to your car accident. This includes photos of the vehicle and accident scene, evidence from the scene such as deployed airbags, traffic camera and dashcam footage, medical records, and anything else needed to make sure your claim can’t be denied on the pretext of insufficient evidence.
  • Negotiating With Insurance Companies – We negotiate with the other driver’s insurance company from a position of strength, backed by a strong legal foundation and irrefutable evidence, to get you the fair settlement you deserve.
  • Preparing For Trial – It’s never a worry if the settlement talks fall through. Backed by decades of experience, strong evidence, and testimony from experts, our lawyers will argue your case at trial to walk away with the highest compensation possible.

The Cost of Hiring an Indianapolis Car Accident Attorney From Our Team

Motor vehicle accidents can upend your entire life, often leaving a permanent physical and mental toll that’s difficult to recover from. It’s only right that you’re properly compensated. That won’t be possible until you have experienced attorneys in your corner who have a history of extracting fair compensation from all liable parties.

We understand that it’s going to be a challenging time for you after the accident and we remain committed to providing you with the best legal presentation for your accident claim. You don’t have to pay anything upfront to hire us for your personal injury case as we will take it on a contingency fee basis.

What that means is we don’t get paid unless you get paid. We’ll go through all of the steps from evaluating your case to gathering evidence, consulting experts, negotiating with the insurance company and even going to trial without asking you for a single cent. Our fee will be a percentage of your final settlement offer.

By aligning our fee with your settlement, we remain particularly motivated to make sure that you’re adequately compensated for all of the pain and suffering you’ve had to endure because of the accident.

Indianapolis Car Accident Settlement Amounts

There are no fixed settlement amounts for auto accidents since the damages suffered by victims tend to be unique. It’s only when you have experienced lawyers by your side that you can determine who can be sued and for how much. They will then either negotiate a favorable settlement for you or win the award at trial.

Our law firm has won settlements as high as $7 million for a pedestrian struck by a company car with the driver working for a national medical supplier to a $1 million policy limit settlement in a wrongful death case for a rear seat passenger who was fatally injured when the vehicle was rear-ended.

Factors That Affect How Much You Can Receive

Since no two Indianapolis car accidents are alike, how much you can get in a settlement will depend on various factors, including but not limited to:

  • Severity of Injuries – The compensation will be on the higher side if you have sustained serious injury. How badly you were injured is the primary consideration when calculating how much you’ll claim in damages.
  • Economic Losses – When calculating how much to pursue in your personal injury lawsuit, we’ll also consider the worth of your vehicle and valuables that were damaged in the car collision.
  • Weight of Evidence – It will be hard for the defendants, such as insurance adjusters, to deny the weight of the evidence that places them at fault. We are focused on building the best evidence-based case for you backed by witness testimonies.
  • Insurance Limits – The parties responsible for your accident will likely have limits from their insurance company, making it unlikely to get compensation beyond that. Still, we will aim to get you the maximum amount under the policy of their insurance company.
  • Medical Bills – The medical bills paid after the accident can be recovered as well. This will include expenses for any medical treatment you have received, such as physical therapy, care, rehabilitation, hospital bills, and more.
  • Loss of Wages and Future Income – If you missed work due to the accident or the injuries leave you unable to do what you did before, both lost wages and the loss of future income can be claimed.
  • Pain and Suffering – Car accidents can cause a lot of emotional pain and suffering that negatively impacts your mental health. We take this into account as well when preparing your claim to get you the maximum compensation possible.

Car Accident Victims and Injuries Suffered

Indianapolis saw 2,338 vehicle crashes in 2022, of which 133 were fatal, due to the serious nature of the injuries caused in these accidents. [1] Even if there are no fatalities in an accident, victims suffer catastrophic injuries such as:

  • Internal Bleeding or Organ Damage – The body being forcefully hit by debris in a car accident can cause internal bleeding or organ damage. These are serious physical injuries that require emergency treatment and could result in lifelong disability while incurring heavy medical expenses.
  • Whiplash and Neck Injury – Whiplash injuries are particularly common in rear-end car accidents as the impact force pushes the neck back and forth rapidly. This can cause serious neck injuries such as cervical herniated discs even when the seat belt is worn.
  • Traumatic Brain Injury – Severe traumatic brain injuries happen in car accidents due to blunt force trauma to the head. Depending on the intensity of the impact, this can either cause permanent brain damage or heal over time.
  • Spinal Cord Injury – If the spinal cord is damaged in an accident it may result in the victim’s arms, torso, pelvis, shoulders, and legs being paralyzed, otherwise known as tetraplegia or quadriplegia. In addition to paraplegia, the paralysis of the legs and pelvis, injuries to the spinal cord may also cause chronic pain due to damaged discs.
  • Broken Bones – A common injury in car accidents, bones in the legs, arms, skull, face, or ribs, get fractured due to the intensity of the crash, even if the driver and passengers were wearing seatbelts.
  • Loss of Limbs – Limbs could be severed in a crash and may even require amputation, resulting in permanent disfigurement and disability.
  • Deep Cuts – Serious accidents result in a lot of broken glass and jagged metal pieces that can permanently scar the victim’s skin, often requiring several rounds of surgery.

Indianapolis car accident injuries

Damages That Our Indianapolis Car Accident Attorneys Can Help You Recover

Based on the facts unique to your case, our car accident lawyers can help you recover different types of damages, both economic and non-economic.

We firmly believe that you shouldn’t have to suffer due to someone else’s negligence. That’s why we fight for your right to a just and proper compensation. We ensure that you’re adequately compensated for pain and suffering, past and future medical bills, lost wages and income potential, vehicle repair or replacement, loss of enjoyment of life, trauma, and more.

Your Indianapolis car accident attorneys will utilize our evidenced-based approach to create a solid case with undeniable evidence, thus making it possible for you to win damages that make up for, in some way, the horrible memory of the crash.

Car Accident Wrongful Death Claim

You have a right to recover damages if your loved one was involved in a fatal car accident due to someone else’s fault. While no amount of compensation can bring back the departed, justice demands that the victim’s family pursue these claims to the fullest extent of the law with the help of an Indianapolis car accident attorney.

As leading Indianapolis car accident lawyers, we help grieving families win generous wrongful death claims so that they’re compensated for funeral costs, medical bills, loss of financial support, and more.

We can also help you pursue non-economic damages, such as for the loss of companionship, as the untimely death of your loved one due to the accident robbed you of their presence in your life.

What to Do Immediately After a Car Accident in Indianapolis

You’ll likely be in a state of shock and possibly injured. Don’t waste any time and call 911 to seek medical treatment. If there are other people in the car, check on them if you’re able to.

If possible, leave the car and move away from the flow of traffic, and keep the following steps in mind as you prepare to navigate the inevitable chaos that is the aftermath of car crashes.

  • Contact a Lawyer – Get in touch with your Indianapolis car accident lawyer as soon as possible so they can move quickly to secure the relevant evidence and make sure that your full rights under the law are protected.
  • Take the Driver’s Details – If possible, get the name and insurance company details of the driver who crashed into you. These are very important as you’ll need them to file the insurance claim. There may be witnesses to the crash and it’s a good idea to get their information as well.
  • Capture Photographic Evidence – Take pictures and videos of the car crash scene if possible, as well as of the street signs nearby to establish the location. Focus particularly on the car’s license plate, damages to your vehicle, and other property as this photographic evidence will be used by your Indiana car accident lawyer when filing your lawsuit.
  • File a Police Report – Once law enforcement arrives on the scene, they’ll take your statement for the accident reports. Narrate the details of what happened as best you can and ask them to provide you with a copy of the report for your records. It’s also a good idea to get the name and badge number of the officer who takes down the report. Share it with your auto accident attorney.
  • Never Sign Anything – Never discuss your auto accident with the other person’s lawyer or their insurance adjuster. Most importantly, never sign anything they provide you or agree to anything without discussing it with your car accident attorney first, as this can compromise your claim.

Liability in Car Accident Cases

The auto accident liability claims that apply to your case largely depend on the parties that you name as defendants as they would have each provided a contributing factor to the accident. The liability in car Indianapolis car accident cases typically includes:

  • Accident Liability – This is the claim that’s made most commonly after an accident, whereby you seek compensation as the victim of someone else’s negligence. For example, you could be driving or be a passenger in the car that was struck.
  • Wrongful Death Liability – Indiana law allows the family members of a fatal car crash victim to file a wrongful death liability claim when the death is caused by the wrongful act or omission of another person.
  • DRAM Shop Liability – This is a third-party liability claim that covers drunk driving. It allows you to sue an establishment that served alcohol to a person who later caused an accident while driving under the influence.
  • Product Liability – These claims lie against car manufacturers or suppliers of defective parts if the accident was caused by a manufacturing or design defect. For example, a supplier of brake lines could be sued if the investigation revealed that flaws in the design prevented safe braking.
  • Uninsured or Underinsured Liability – A claim would lie against the person who caused the accident if they don’t have insurance or have inadequate insurance coverage. Since Indiana is not a no-fault state, you would file a claim with their insurance company for damages, but if they don’t have proper insurance it could be difficult to get compensated.
  • Liability Claims Against the Government – There may be instances where liability claims lie against the government if the accident is caused by an improperly maintained road, for example, or if you’re struck by a government vehicle that was at fault for the accident.
  • Medical Malpractice Liability – If the driver at fault caused the accident due to a medical oversight, you may be able to sue the medical facility where that person receives treatment. For example, their doctor might not have warned them about the danger of driving while taking a particular medication.

Proving Fault in a Car Accident Case

Indiana is not a no-fault state so this means that Indianapolis is not a no-fault jurisdiction. The person who’s at fault for your accident is liable to pay damages so you will file a claim against their insurance company. Proving fault does require diligence in the way you approach the claim with due regard to any other prevailing local laws.

The State of Indiana follows a modified comparative negligence legal theory which is often referred to as the “51% fault” system. What this means is that when claiming compensation for an accident, you must not have 51% or more responsibility for your injury.

You Have Limited Time to File a Car Accident Lawsuit

Pursuant to Indiana Code 34-20-3-1, the statute of limitations for a personal injury lawsuit is two years. You have to file your claim within two years after the date of the car accident in Indianapolis. This personal injury claim limitation applies to wrongful death claims and product liability actions as well.

Hiring an experienced Indianapolis car accident lawyer once the clock starts ticking ensures that your claims are filed on time. If you or someone you know were involved in a car accident, contact us today.

You’ll get a free case evaluation, where we’ll look at all the facts and figure out what’s the best route to get you the compensation you deserve without asking you to pay a single cent.

Types of Cases That Our Indianapolis Car Accident Lawyers Handle

The car accident attorneys at Rosenfeld Injury Lawyers are highly experienced at winning compensation for victims of the following types of car accidents. Even if yours was a more unique accident, we can help you get the damages you deserve.

  • Rear-End Accidents – This accident happens when a driver is following the car in front of them too closely or is unable to stop in time and ends up crashing in the back of the car.
  • Sideswipe Collisions – This motor vehicle accident involves one car swiping another when the driver changes lanes to merge without looking and also when they’re passing in the same direction.
  • Head-On Collisions – This is a highly deadly type of car accident that results in a majority of deaths. It’s caused when the driver crashes straight into the other car, usually when they’re driving the wrong way or while crossing the centerline.
  • Rollover Accidents – These are cases when a car flips over on its side or onto its roof. This often occurs due to overspeeding, driving recklessly, disregarding traffic signs, etc.
  • T-Bone Accidents – Also known as side-impact collisions, the driver at fault crashes into the side of the other vehicle, leading to severe injuries due to the angle and impact. These accidents commonly happen at intersections with oncoming traffic.
  • Blind Spot Accidents – Drivers changing lanes without checking their car’s blind spot can cause these accidents. The driver is usually not paying attention and tries to merge without knowing there’s a car in that lane.

The Most Common Causes of Car Accidents

Car accidents happen frequently in Indianapolis and the causes tend to be similar in most cases.

  • Distracted, Drunk, or Fatigued Driving – People driving when they’re not in a state to safely operate a vehicle, particularly when they’re drunk is the most common cause of accidents. Indianapolis State Police have investigated more than 2,737 cases of people driving under the influence in 2023. [2]
  • Breaking Traffic Laws – Drivers who disregard traffic laws by running red lights and stop signs, merging improperly, or overspeeding cause major accidents resulting in catastrophic injuries and even death. A young driver was recently charged in Indianapolis after causing a triple fatal crash on a joyride. [3]
  • Faulty Vehicle or Parts – A vehicle with a manufacturing or design defect can be the reason for a serious accident. Even a particular part that malfunctions or fails can cause accidents.
  • Bad Weather Conditions – When weather conditions are extreme with high winds, heavy rain, or snow, it’s recommended to avoid being on the roads, as poor visibility tends to cause major multi-vehicle accidents.

Indianapolis car accident causes

The Time It Takes to Settle a Car Accident Case

A car accident case in Indianapolis is usually settled in over six months. As your car accident attorney, we work hard to get you the right settlement as quickly as possible.

There will always be factors that affect this timeline, needing you to wait for a bit longer. For example, it could be that no settlement can be reached and we have to go to trial.

One way you can limit the risk of delay is by hiring an experienced Indianapolis car accident lawyer as soon as possible after the accident. This ensures all of the evidence is secured, the claim is filed within time, and negotiations are done with insurance companies for a quick and favorable outcome.

Why Hire an Indianapolis Car Accident Lawyer

Experienced car accident lawyers have knowledge of all applicable laws. They will create a solid case that’s backed by evidence, providing a strong legal foundation for your claim. Other benefits of hiring specialist car accident lawyers include:

  • Thorough Investigation – Car accident lawyers know how an accident has to be investigated. They’ll put that knowledge to use when securing evidence, gathering expert testimonies, preparing briefs, and anything else needed to put together a strong case.
  • Hard Negotiations – Expert car accident lawyers know the tricks the driver’s insurance company might use to avoid paying big settlements. They will have an answer to every trick and lead hard negotiations to get you the highest amount of damages possible.
  • Accurate Calculation of Damages – You may have a claim against multiple defendants even if you only think it was the driver’s fault. Your Indiana personal injury lawyers will take a holistic look at your case and accurately calculate how much in damages can be claimed from all liable parties.
  • No Upfront Payment – We don’t charge you an upfront payment for our experienced car accident lawyer services. Our fee will be a percentage of your settlement, and only if we manage to secure it.

Contact an Indianapolis Car Accident Attorney Today!

Your life may never be the same after a car accident. It’s unfair that you must suffer great physical and financial harm just because of someone’s negligence. At Rosenfeld Injury Lawyers, we consider your struggle as our own and strive to get you the highest compensation possible.

You can contact us without hesitation for a free consultation that will provide you with an in-depth evaluation of your case at no charge. You won’t even pay as we proceed on to the next steps and all the way to a trial if needed. We’ll only get paid once we get you a proper settlement.

Our Indianapolis car accident attorneys are available 24/7 for your free consultation. Give us a call at (888) 424-5757 and we promise to fight in your corner until you get fairly compensated for your troubles.

Resources: [1] Indianapolis Metropolitan Planning Organization, [2] WRTV, [3] FOX59

Client Reviews

Jonathan Rosenfeld was professionally objective, timely, and knowledgeable. Also, his advice was extremely effective regarding my case. In addition, Jonathan was understanding and patient pertaining to any of my questions or concerns. I was very happy with the end result and I highly recommend Jonathan Rosenfeld.

- Michonne Proulx

Extremely impressed with this law firm. They took control of a bad motorcycle crash that left my uncle seriously injured. Without any guarantee of a financial recovery, they went out and hired accident investigators and engineers to help prove how the accident happened. I am grateful that they worked on a contingency fee basis as there was no way we could have paid for these services on our own.

- Ethan Armstrong

Jonathan helped my family heal and get compensation after our child was suffered a life threatening injury at daycare. He was sympathetic and in constant contact with us letting us know all he knew every step of the way. We were so blessed to find Jonathan!

- Giulia

This lawyer really helped me get compensation for my motorcycle accident case. I know there is no way that I could have gotten anywhere near the amount that Mr. Rosenfeld was able to get to settle my case. Thank you.

- Daniel Kaim

Jonathan did a great job helping my family navigate through a lengthy lawsuit involving my grandmother's death in a nursing home. Through every step of the case, Jonathan kept my family informed of the progression of the case. Although our case eventually settled at a mediation, I really was impressed at how well prepared Jonathan was to take the case to trial.

- Lisa
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