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Injury or Wrongful Death from a Car Accident in Fort Wayne?
Car accidents are a serious problem in Indiana. According to comprehensive research conducted by the Indiana University Public Policy Institute, there were more than 223,000 car crash and car accident cases reported within Indiana in 2016 alone. While some of these wrecks were thankfully minor, sadly, many others were not. Altogether, these collisions resulted in at least 48,781 injuries and 821 fatalities.
All communities across the state are affected by traffic accidents, including Fort Wayne. In Allen County, there were 14,372 collisions reported in 2016, which resulted in more than 3,200 injuries. The consequences of a car accident can be truly devastating.
Indiana car accident victims deserve fair financial compensation for their injuries and subsequent medical bills. Yet, unfortunately, an insurance company will often make it difficult for victims to get a full settlement offer. At the Delventhal Law Office, our top-rated Fort Wayne car accident lawyer is committed to fighting for the legal rights and financial interests of injured victims in car accident cases. We have the skills and experience needed to hold the big insurance companies accountable. If you’ve been in any car crash, then call us to file a car accident case. Car accident cases we can help with:
- Head-on collisions
- Rear-end accidents
- Hit & run accidents
- T-Bone accidents
- Distracted driver accidents
- Side-swipe accidents
- Failure to yield accidents
- Intersection accidents
If you or a family member were hurt in a car accident in Indiana, we are here to help. Please do not hesitate to contact our experienced car accident lawyer in Fort Wayne today. We provide a free, no obligation legal consultation for victims of Fort Wayne accidents. If you are struggling with an insurance company, our skilled car accident lawyers can help to navigate through their policies and provide you with the information to win a favorable outcome. If you getting the run around from the other driver’s insurance company, we will bring a car accident lawsuit to all responsible parties if it is needed.
WHAT TO DO AFTER AN AUTO ACCIDENT IN FORT WAYNE, INDIANA
Were you hurt in a car crash in Fort Wayne or elsewhere in Allen County? It is imperative that you take proactive measures to protect yourself and your rights. Insurance companies are looking out for their own best interests—not what is right for your family. Here are four essential things that you need to do after an automobile collision in Fort Wayne.
- Stop Your Vehicle, Call the Police: In the aftermath of an auto accident, the priority is safety. Immediately stop your vehicle at the scene without obstructing traffic. All injury crashes should be reported to law enforcement, such as the Fort Wayne Police Department or the Allen County Sheriff’s Department.
- Get Immediate Medical Care: All motor vehicle accident injuries require prompt medical treatment. Ensure you receive immediate medical care if injured in a crash. To be clear, emergencies always require immediate care. Non-emergency injuries should be evaluated. If you fail to see a doctor after a crash, you will not be able to bring a successful claim.
- Document Your Motor Vehicle Crash: Collect essential information at the accident scene. Exchange contact and insurance details with the other parties involved, take photographs of the vehicles, and gather witness statements. The more documentation you have, the easier it will be to prove liability and establish the extent of your damages.
- Consult With a Fort Wayne Attorney: Before you provide any recorded statement to an insurance company, it is crucial that you consult with a top-tier Fort Wayne car accident lawyer. Your attorney can review your case and protect your rights and interests.
MOST COMMON CAR ACCIDENT INJURIES
Car wrecks and accidents and the resulting injuries can vary dramatically. You cannot always tell how bad a person’s injuries will be by simply looking at the crash damage. There are cases in which seemingly minor fender-benders result in severe and long-lasting injuries that need medical attention. There are other cases in which people walk away from terrifying accidents with only a few minor bumps and bruises. After a collision, you should always get yourself to a doctor for a professional medical evaluation. All auto accidents are different, and all auto accident injury cases are unique. This is why each car accident claim needs personalized attention. Our Fort Wayne car accident lawyer Chad Delventhal is an experienced attorney that has handled virtually every type of personal injury claim. Some of the most common examples of car crash injuries include:
- Joint injuries;
- Facial disfigurement;
- Dental injuries;
- Concussions;
- Internal organ damage;
- Spinal cord damage;
- Psychological trauma;
- Severe lacerations;
- Broken bones;
- Whiplash;
- Soft tissue damage;
- Nerve damage;
- Back injuries;
Seven thousand people get injured in car accidents every day, according to a report by the Center for Disease Control and Prevention (CDC). Of these injuries, internal injuries from a car accident is considered one of the most dangerous. They can cause substantial damage, which could be permanent and life-altering. Due to their nature, internal injuries are not easy to detect as most of the symptoms take days after the crash to appear. The damage might already be done by the time you seek medical treatmetn if you are not careful.
If you sustained an internal injury from a car accident caused by the other driver’s negligence, an experienced Fort Wayne Car Accident Lawyer could help you pursue damages. Chad Delventhal understands the Indiana Law regarding car accidents and will be crucial to you receiving fair compensation for your injuries.
Types of Internal Injuries
Internal injuries occur when the inside of your body absorbs the trauma caused by a collision. This could result in a wide range of damages, depending on the angle of impact. Overall, the most common types of internal car accident injuries include:
Internal Bleeding
When the blood vessels are exposed to trauma, they may fail to clot or repair themselves, leading to internal bleeding. This condition might take time to manifest, especially if it is a low bleed. Nonetheless, here are some signs you might have suffered this injury:
- Lightheadedness
- Fatigue
- Abdominal pain
- Thirst
- Feeling cold
- Pale complexion
Organ Injury
High-speed and impact accidents tend to result in the highest trauma. When transferred to the body, this force could damage any number of organs, leading to internal bleeding or organ failure. The most common of such injuries are kidney damage, lung punctures, and liver lacerations, which, if left untreated, could cause permanent injury or death.
Brain Bleeds
Car collisions can result in open or closed head wounds, which could prevent oxygen from reaching other areas of the brain. This is called a brain bleed and could lead to permanent brain damage. Since brain bleeds exert excessive pressure on the brain, they can be fatal if not treated.
Pneumothorax
Pneumothorax often arises from complications following a broken rib. It happens when the rib punctures a lung, causing it to deflate, collapse, and release air into the lungs.
Ruptured Spleen
A ruptured spleen is one of the most severe internal injuries and often results in extensive internal bleeding. Typically, you might require surgery to correct such damage.
Common Symptoms of Internal Injury
According to one official government report, internal injuries are costlier than other types of injuries. They often require expensive initial treatment, lengthy hospital stays, and lifetime care. Some of the symptoms you might have suffered an internal injury include:
- Dizziness, headache, and blurred vision
- Slurred speech
- Muscle aches or loss of sensation
- Blood in urine or vomit
- Reduced range of motion in the joints
YOU HAVE LIMITED TIME TO BRING AN ACCIDENT INJURY CLAIM IN FORT WAYNE
Do not wait to take legal action after a motor vehicle crash. Under Indiana law (Indiana Code § 34-11-2-4), there is a two-year statute of limitations for auto accident injury claims. If you fail to initiate a lawsuit in a timely manner, you could be denied any recovery at all. Be proactive: Consult with an experienced Fort Wayne auto accident lawyer as soon as possible after a major collision. Book your Free Consultation now.
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CAR ACCIDENT LIABILITY IN INDIANA
Motor vehicle accident claims fall under state law. If you were hurt in a crash in Fort Wayne, it is crucial that you understand how liability works under Indiana law. Similar to most, but not all states, Indiana uses a fault-based standard of liability for car accident claims. The party found to be at-fault for a crash—which is most often, but not always, a driver—can be held legally liable for the resulting damages. For this reason, it is absolutely essential that all collisions are thoroughly investigated by an experienced Fort Wayne car accident attorney. Here are some of the most common examples of negligence that can contribute to car accident liability in Indiana:
- Speeding or driving too fast for road conditions;
- Running red lights or stops signs;
- The failure to yield right of way;
- Following another vehicle too closely;
- Making an unsafe lane change;
- Distracted driving, such as texting while driving; and
- Intoxicated driving, including drunk driving and drugged driving
Indiana is a comparative negligence state (I.C. § 34-51-2-6). As such, more than one defendant at the accident scene can split the blame for the same crash. In these types of personal injury cases, financial liability will be divided in direct proportion to each party’s percentage of the fault.
For example, if one negligent driver was at fault for 65 percent of a crash, then that driver and their insurance company will also be legally liable for 65 percent of the total damages.
One thing that many people do not realize is that victims can be held liable for a portion of their own car accidents in Fort Wayne. In cases in which this occurs, an injured victim’s recovery will be reduced by their level of fault. Unfortunately, big insurance companies often try to unfairly blame victims for collisions. Do not let this happen to you; being found partially at fault for your own crash could take thousands of dollars out of your pocket.
INJURED VICTIMS DESERVE FULL AND FAIR COMPENSATION FOR CAR ACCIDENTS
Car accident victims in Fort Wayne have a right to recover compensation for the full value of their injuries from car accidents. However, in practice, getting a full settlement offer after a car accident claim can be difficult. Victims must be ready for pushback from the driver’s insurance company, especially from serious car accidents. Insurance company adjusters are aggressive; they will use many different strategies to try to limit the total value of payouts of your car accident claim. Our Fort Wayne car accident lawyers have a deep understanding of how insurance companies operate. We help our clients get every dollar that they deserve. This could include financial recovery for:
- Vehicle repairs or replacement;
- Emergency medical costs;
- Hospital bills;
- Ongoing medical care;
- Rehabilitative treatment;
- Lost wages;
- Diminished earning capacity;
- Pain and suffering;
- Disfigurement;
- Loss of limb;
- Loss of life enjoyment; and
- Wrongful death damages.
Personal injury laws in Indiana allow serious car accident victims to seek compensation for their car accident injuries. Generally, the damages available for your car accident case will depend on the type of losses you suffered. You can receive economic, non-economic, or punitive damages to cover medical bills or any of the following:
- Economic Damages – This amount is designed to cover any financial losses related to the accident, such as medical bills, lost income, property damage, and rehabilitation costs.
- Non-economic Damages – This is compensation for losses with no monetary value. They include mental trauma, emotional distress, loss of consortium and disfigurement.
- Punitive Damages – are awarded in special situations where the at-fault driver is found to have acted out of malice or gross negligence.
FREQUENTLY ASKED QUESTIONS
How long do I have to file a car accident claim in Indiana?
In Indiana, the statute of limitations for filing a car accident injury claim is generally two years from the date of the accident. Missing this deadline can prevent you from seeking compensation.
Can I still recover compensation if I was partially at fault for the accident?
Indiana follows a comparative fault system, meaning you can still recover damages as long as you were less than 51% responsible for the accident. However, your compensation will be reduced by your percentage of fault.
What types of compensation can I recover in a car accident case?
You may be eligible to recover compensation for medical expenses, lost wages, property damage, pain and suffering, and more. Every case is different, so it’s essential to consult with an attorney to understand what applies to your situation.
How can a Fort Wayne car accident attorney help with my case?
An experienced attorney can investigate the accident, gather evidence, negotiate with insurance companies, and represent you in court if necessary. They work to maximize the compensation you are entitled to receive.
What if the other driver doesn’t have insurance?
If the other driver is uninsured or underinsured, you may be able to file a claim under your own insurance policy, specifically through uninsured/underinsured motorist coverage.
Will my case go to trial?
Most car accident cases settle out of court, but if a fair settlement can’t be reached, your attorney may recommend going to trial to seek the compensation you deserve.
We have years of experience in handling car accident cases in Fort Wayne, IN. So call the professional Fort Wayne car accident lawyers at Delventhal Law Office today at for a free consultation if you’ve been in a motor vehicle accident and need to file a personal injury claim. Don’t try and fight the insurance company on your own. They have far too much experience for your results to be favorable to you. From our law office in Fort Wayne, we handle motor vehicle accident injury claims in Allen County and throughout the surrounding region in Northeastern Indiana.