Published in Personal Injury on January 26, 2018.
There is massive chaos and confusion involved in the aftermath of an accident. Especially when you’ve suffered injuries due to someone else’s negligence. Victims have many questions about what to do next, but one that often comes to mind is whether to seek legal help. In short, you should retain a personal injury lawyer in Indianapolis to represent your interests. Here are a few reasons why.
A Personal Injury Lawyer will Protect Your Rights
If you do not have a legal background, you may not know or fully understand your rights in a personal injury case. Therefore, it is impossible to be able to protect them. An attorney has in-depth knowledge of the three main sources of law that provide you with rights after an injury accident that was not your fault.
- Statutes: This type of law comes into being when Indiana lawmakers vote on a statute and it becomes law. There are a number of measures that cover personal injury cases. Some restrict the amount of compensation you can recover due to negligent acts on private or public property, in a vehicle, or while engaging in certain activities. Plus, there are laws that reduce the amount of compensation you can recover. Comparative negligence means you’re partially responsible for your injuries. This is when you’ll find compensation reduced.
- Previous Cases: In the US, precedent guides personal injury matters. This involves looking at the holdings in previous cases and following suit when the same issues arise. However, the issues and facts are never exactly the same. It is only possible to analogize your case to another and hope that a judge agrees with the decision in the case.
- Court Procedural Rules: There are rules involved with filing a lawsuit, going to court, and presenting and fighting motions. These rules are highly complex and differ depending on which court is handling your case. Court procedural rules are strict and can be the difference between a loss or a win if you fail to comply.
An Indiana personal injury attorney protects your rights. They case law, statutes, and court procedural rules to your advantage. He or she may learn many of the legal concepts during law school, but much of the finesse in using them effectively can only come through years of experience representing personal injury victims in court.
Insurance Companies Don’t Have Your Best Interests in Mind
After an accident that results in injuries, you need to file a claim for compensation for your losses. In most situations, you will communicate with an insurance company that covers the party responsible for the crash. An agent from the insurer may try to work with you to pay your claim, and even make an offer that seems attractive. However, you need to understand that these companies are businesses first and foremost. They do not make money by paying out large settlements to victims of accidents.
Instead, an insurance company will likely make a low-ball offer that may not offer fair compensation. These workers only stay employed by earning profit for the insurer. They do this by reducing losses. The agent may promise to pay you right away, and attempt to convince you that hiring a lawyer is expensive and court proceedings are time-consuming. He or she may also draw attention to supposed weaknesses in your case, and tell you that you have no chance of winning if you file a lawsuit.
When you engage in conversations with an insurance company through an agent, you put your legal rights at risk. Only a personal injury lawyer retained by you has your best interests in mind and puts your needs first.
You Deserve Compensation for Your Losses
When you sustain injuries in an accident due to someone else’s careless acts, Indiana law provides you with the right to seek compensation for your losses. A personal injury lawyer can help you recover damages, which fall into two main categories.
- Economic Damages: When you can calculate your losses, they are “economic” damages. This requires documentation. Included in this category are:
- Medical Bills: It is likely that you will need medical care for your injuries, but the extent of the treatment depends on the nature of your injuries. You can recover damages for such costs as:
- At-the-scene treatment, transportation to the emergency room, and urgent care;
- Surgery, whether you undergo a procedure immediately or in the aftermath of an accident;
- The ongoing care required to bring you back to health, including therapy, chiropractic, and other rehabilitative methods;
- Long-term treatment; and,
- Any other medical expenses you incur as a direct result of your injuries.
- Lost Income: You may be unable to work after an accident causes personal injuries, which means you do not earn income during this time. Pay stubs and income tax records prove this type of loss.
- Non-Economic Damages: Some damages are not easy to ascertain by referring to documentation. Still, you have experienced losses. Under non-economic damages, you may be able to recover:
- Pain and Suffering: It is difficult to convey to another person how much discomfort or agony you feel. However, you still suffer from extensive pain. You must account for this.
- Emotional Distress: There are emotional implications involved with any serious injury. They include feelings of depression, hopelessness, stress, and despair.
- Loss of Relationships: Your relationships with family and friends are no doubt affected by your injuries. Especially when loved ones must take care of you during your recovery. Your connections with a spouse and children are a special concern because they rely on you for guidance, support, love, affection, and other needs.