Car Accidents Attorney in South Bend, Indiana

After a car accident, it's only fair that you're compensated for your losses. These can be damages to your vehicle, medical bills, missed days of work, or even pain and suffering.

To pursue the compensation that you deserve, you need to understand how car accident laws operate in Indiana.  

Indiana is an "at-fault" state for car accidents. This means that the individual who causes the accident bears the responsibility for the resulting damages.  

This can seem complicated, but fortunately, my team and I at Jay Lauer Attorney at Law are here to assist you throughout the entire process. From understanding liability to meeting insurance requirements and filing claims, my team and I will proudly be there to fight for the compensation you deserve.  

Liability for Car Accidents in Indiana

When it comes to liability for car accidents in Indiana, several key factors come into play: 

  • Fault-based System: Indiana operates under a fault-based system. This means that the individual who is at fault for causing the accident is also responsible for any resulting damages. If you're involved in a car accident, it's vital to understand your options for seeking compensation. 

  • Filing Claims: There are several ways you can seek compensation after a car accident. You can file a claim with your own insurance company, which will evaluate the damages and provide coverage according to your policy. Alternatively, if another driver's negligence caused the accident, you can file a claim against their insurance company. If the insurance payouts do not fully cover your damages, or if the at-fault driver is uninsured, you also have the option to file a personal injury lawsuit. 

  • Comparative Fault: Indiana also follows a modified comparative negligence rule. Under this rule, if you're partially at fault for the accident, your compensation may be reduced by a percentage that corresponds to your share of liability. However, as long as your fault is less than 51%, you can still recover damages. 

When figuring out your options, speak with a dependable attorney for sound advice.  

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Indiana Car Insurance Requirements

Indiana law mandates all drivers to carry minimum liability insurance coverage. The minimum coverage limits include $25,000 for bodily injury or death per person, $50,000 for bodily injury or death per accident, and $25,000 for property damage. 

Please note that these are the bare minimums. It's often wise to consider higher coverage limits to adequately protect yourself in case of a significant accident. 

Steps for Filing a Personal Injury Claim

If you've been in a car accident and suffered injuries due to someone else's negligence, it's crucial to know the steps involved in filing a personal injury claim. Below is a straightforward guide that'll help you navigate the process: 

  1. Seek Medical Attention: Your health comes first. Even if you don't feel injured immediately after the accident, it's still essential to get a medical check-up. Some injuries aren't apparent right away. 

  2. Report the Accident: Don't forget to report the accident to the police. They'll create an official record that can be valuable when you're filing your claim. 

  3. Document Everything: Take photos of the accident scene and your injuries if possible. Also, keep track of any medical records or bills, repair costs, and any other expenses related to the accident. 

  4. Notify Your Insurance Company: Let your insurance company know about the accident as soon as you can. Even if you're not at fault, this step is crucial. 

  5. Consult a Lawyer: Personal injury laws can be complicated. It's a good idea to consult with a lawyer who can guide you through the process and ensure your rights are protected. 

  6. File Your Claim: Once you've gathered all the necessary documents and consulted with a lawyer, it's time to file your claim. You'll typically need to do this with the at-fault party's insurance company. 

  7. Negotiate a Settlement: The insurance company might offer a settlement. If it doesn't cover all your expenses, don't hesitate to negotiate. A lawyer can be a significant asset during this step. 

  8. Consider a Lawsuit: If negotiations don't result in a fair settlement, you might need to consider filing a personal injury lawsuit. 

Keep in mind that each case is unique, and this is a general guide. My team and I at Jay Lauer Attorney at Law are here to help you through your specific situation, so don't hesitate to reach out if you need assistance. 

Statute of Limitations on Personal Injury Claims

Indiana has specific laws addressing personal injury claims resulting from car accidents. The statute of limitations, for instance, sets a deadline for filing a personal injury lawsuit. In Indiana, you generally have two years from the date of the accident to file a claim.  

Filing a Wrongful Death Claim

In the unfortunate event of a car accident resulting in a wrongful death, certain requirements must be met to file a claim. The following individuals can file a wrongful death claim in Indiana: spouses, children, or dependent next of kin.  

A wrongful death claim seeks compensation for the loss of financial support, companionship, and other damages resulting from the death of a loved one in a car accident. 

Car Accidents Attorney in South Bend, Indiana

At Jay Lauer Attorney at Law, located in South Bend, Indiana, I'm committed to protecting your rights and helping you seek the compensation you deserve. Serving clients throughout Granger, Mishawaka, and Northern Indiana, I bring over 25 years of legal experience to your aid. Schedule a consultation to get the assistance you need during these trying times.