If you have been in accident and sustained injuries, an experienced Indianapolis lawyer may advise you not sign any agreement the insurance company gives you to sign, especially if the forms are in English and Spanish is your primary language.
It may be also in your best interest to avoid social media, as posts and pictures of you smiling or at a family gathering can be used against you when trying to prove diminished quality of life.
Do seek a consultation with a Spanish speaking lawyer in Indianapolis, who is experienced with personal injury law. There are many law firms and attorneys that provide free initial consultations. He or she can better explain your rights in Spanish and let you know if you have a case.
When a person is injured, they have many questions and concerns about their health and future. They seek advice from friends and family members, who often times believe some of the common misconceptions about personal injury law and lawsuits.
Below are some of the most commonly researched topics regarding injury law in Indiana:
Sometimes accidents happen. And sometimes they are nobody’s fault but our own. In Indiana, you cannot file an injury lawsuit unless you can prove the below elements of a negligence case:
Whether another driver on the road, a drug manufacturer, a business owner or a medical professional, we all have a duty of care to avoid reckless behavior that could endanger the people or property around us.
When a person, corporation or professional willfully acts in a way that put others at risks or caused harm, this is a Breach of Duty of Care.
Unless you can prove that the injuries you sustained are the direct result of the Breached Duty of Care, then you do not have a viable injury claim.
As part of your injury claim, you must submit evidence showing the accident or injury has resulted in “damages”, such as medical costs, pain and suffering, loss of income due to missed work, etc.
When you file a personal injury claim with the hopes of recovering damages in Indianapolis, it is up to you to prove that the defendant is responsible for your injuries.
Below is the most common evidence used to support a personal injury claim:
You will be required to submit medical records to show; hospital stays, therapy appoints, doctors’ visits, surgeries, as well as chiropractic visits.
In addition, you may be asked to provide medical records prior to your accident to prove that your current injuries resulted from the accident and weren’t pre-existing.
A couple of ways to keep your documentation organized is to keep a folder with copies of all bills and receipts and records. Another is to keep electronic files on your computer under “accident” that categorizes the different medical treatments as well as calendars to show appointment dates.
If you were injured in an accident in Indianapolis, then more than likely the police were called to the scene. Regardless of the severity of the accident, if first responders are called, then there is a report. This report provide details of the accident: what happened according to testimony from those involved and sometimes witness, what the weather conditions were like, the speeds the vehicles were going, the angle of impact, etc.
You can access this website to obtain of copy of your accident report for a small fee.
Pictures can bring value to your evidence as it shows what the accident scene and injuries looked like as they happened, as opposed to a written description.
If you are able to, take as many pictures of the accident scene, your damaged property and of your injuries. You may also want to take pictures of your injuries as they progress over a week or two. Often times, it takes several days for bruising to appear or for certain surgeries to be performed.
You can see if there is recorded video of the accident, whether parking lot security cameras or traffic cameras.
Be sure to save the photos on your laptop in the “accident” folder so that you keep everything together.
Even though a person is involved in an accident, they do not always know what events took place just prior to the accident happening. This is when having eyewitness accounts can be crucial to proving your personal injury case.
Just as you would exchange contact information with another driver in a car accident or business owner due to a slip and fall, exchange information with other people who are at the scene they may have witnessed what happened.
Exchanging information may however be difficult for those who only speak Spanish or know limited English.
If you are hoping to recover damages for lost wages, then you will need to provide documentation of the time or income lost. Your Indianapolis employer can provide a letter detailing the following information:
Job title, Hours you typically work, Hourly wage or salary, Total amount of lost wages, days of missed work and how many vacation or sick days you have used
While having photographs, repair receipts and medical records can give a foundation for compensation, having a personal account of what life has been like since your injuries occurred is just as important. Keeping a daily diary or journal of how your injuries affect your daily routine can help determine non-economic damages for “pain and suffering”.
Keeping track of: pain, medications, your daily activities, do you require help to dress, do you require help to shower or go to the market.
If you have been injured due to the negligent actions or recklessness of another person, you may be considering a personal injury lawsuit to recover damages. While financial compensation will not make the injuries disappear, it can help you focus on healing and getting the kind of treatment you require to be well again, as opposed to the added stress of financial strain on top of your injuries.
Below are the types of compensation that may be awarded in an Indianapolis personal injury lawsuit:
Medical expenses are the most common type of compensation awarded. This can cover past, present and future on-going medical costs for things like:
Hospital stays, Emergency room visits, medical equipment or parking fees for doctor visits, diagnostic imaging, Medications, Corrective Surgery and Lab tests
To ensure accurate compensation for your medical care, be certain to keep detailed records of your care and treatments, including saving or payments made for medical bills.
Recovering and healing from an injury takes time and often requires missed work. Compensation for lost wages can reimburse you for income lost due to time off from work and future income you have the potential of losing should your injuries be severe or permanent.
Depending on your job and skill set and the severity of your injuries, compensation can sometimes we awarded for lost earning capacity; for promotions and potential advancements lost as would be common for your profession.
Struggling with unexpected injury or disability causes a great deal of non-economic suffering such as physical pain, mental trauma and emotional strain on relationships.
The difficulty with this form of compensation is that it is hard to put a price tag on pain and suffering. Keeping a daily journal of pain scale (1 to 10) and your thought process on days when you are struggling can help a jury determine your level of emotional trauma and potentially award higher compensation.
Car accidents, while causing obvious damage to your automobile can cause additional damage to items like:
Cell phones, Computers, items you may have had in the trunk and other personal affects.
As you replace or repair damaged items, be certain save receipts and estimates to submit you’re your claim.
Injuries as the result of an accident may have severe and permanent life-altering effects. Pain and subsequent disability may prevent you from activities you once enjoyed, hobbies, caring for your family, cleaning your home and even prevent physical intimacy with your spouse or significant other.
Like pain and suffering, it may be difficult to put a value to these intangible items, by documenting and detailing moments in your life that have been adversely effected by your injuries, it may help the jury decide a higher level of compensation.
Sometimes accidents and subsequent injuries can lead to emotional distress, such as depression over diminished relationships and quality of life, PTSD (post-traumatic stress disorder), insomnia due to chronic pain.
Testimony and documentation from a psychiatrist is often used to document and put a better value towards compensation. His or her report will also be necessary to show that the emotional trauma you are struggling with is not pre-existing, but in fact, directly related to the accident.
In extreme cases, when a person is killed as the result of someone else’s actions or reckless behavior, the surviving spouse or family members may file a wrongful death lawsuit. Damages awarded in these types of case go to the surviving family and cover expenses such as:
Medical bills, Funeral costs, Legal fees and the lost income that family member provided
If you schedule a free consultation with a Spanish speaking lawyer in Indianapolis, this will allow the attorney to examine your case and discuss your injuries. Depending on your case, you or a family member may be eligible to receive compensation for current and future medical bills as well as pain and suffering, and lost wages.
Notice: The basic information on this page is NOT in any way legal advice or legal representation. Read our notice here