HomeLegal Blog

5 Common Misconceptions about Personal Injury Claims in Indiana

The personal injury process can feel intimidating at first, especially if you are unfamiliar with it. Many people need to realize that filing a perso

The personal injury process can feel intimidating at first, especially if you are unfamiliar with it. Many people need to realize that filing a personal injury claim can help them receive the compensation they need to cover medical bills, lost wages, and other costs associated with their injuries. 

It is common to hear many misconceptions surrounding personal injury claims. Many people assume that such claims are a waste of time and money or that pursuing a claim could lead to larger problems than the initial issue. However, in reality, filing a personal injury claim can be beneficial to those who have sustained an injury due to another person’s negligence. 

Knowing the facts behind this type of litigation can help dispel myths and allow victims to make informed decisions when considering their legal options.

Lawyers Are Too Expensive To Hire

The truth is, hiring a personal injury lawyer to fight for your rights and receive compensation from the negligent party does not have to be expensive. Most experienced lawyers in this field take cases on contingency, meaning they will not require any out-of-pocket payments from their clients. Instead, the lawyer will collect a percentage of the damages recovered once the case has been won. 

This means that you are not obligated to pay your lawyer anything if you do not win any compensation. It also allows individuals who may have limited financial resources to pursue full and fair recovery of losses with the help of an experienced legal advocate. 

A personal injury lawyer from the Yosha Law Firm can work on your behalf to ensure that you receive the maximum amount possible from any settlement or award in court that may result from your case by negotiating aggressively with insurance companies and other involved parties for a favorable outcome. 

Having experienced legal counsel on your side can help minimize stress while maximizing your chances of receiving appropriate compensation for injuries caused by another person’s negligence.

Filing a Claim for a Minor Injury It Is Not Worth It

Recognizing that even a seemingly minor car accident can cause severe harm and damage is essential. For instance, whiplash injuries can be easily overlooked until the victim begins to experience headaches, neck pain, and other long-term symptoms down the line. Therefore, it is important to see a health professional immediately to detect any underlying issues that may have gone undetected post-accident.

An unexpected injury from a minor accident can also create financial burdens for victims. Everything from medical bills related to the diagnosis and treatment of the injury to lost wages due to time taken off work for recovery can quickly add up and cause significant hardship. 

Through a personal injury claim, victims of negligence are able to seek compensation for these costs and damages, which they would not otherwise be able to recover on their own.

Personal Injury Cases Are Only Resolved in Court

Most accident victims are hesitant to file a claim due to the fear of having to testify in court. Fortunately, this is different from the typical outcome of most personal injury cases; very few actually go before a jury. The majority are settled out of court through mediated settlements, which means you would not have to give testimony in open court. 

Even if a lawsuit is filed, the insurance company will likely offer a more accommodating settlement prior to trial, as going to court is expensive for them and they usually want to avoid such expenses. You and your attorney can review this agreement together to see if it meets your needs.

You Have an Unlimited Amount of Time To File a Lawsuit

It is important to understand the statute of limitations in your state when you are considering filing a personal injury lawsuit. In Indiana, the law states that you must file within two years of the accident. This means that if you wait more than two years and then attempt to bring a legal action, it will be too late and you will have lost your legal rights to seek compensation from the person or entity responsible for causing your injury.

By filing within the two-year window, you will ensure that all necessary steps can be taken to secure appropriate compensation for your losses related to your personal injury claim. Adherence to this timeline could result in missing out on any potential financial recovery or other forms of justice available through the court system. 

You Can’t File a Claim if You’re Partially To Blame

When involved in an accident, in this case, a car accident, you may face an uphill battle to prove that the other driver is at fault and should be held liable for damages. Even if you are ticketed for a minor offense such as failure to yield, Indiana’s comparative fault laws state that if you are found to be 50 percent or less responsible for the crash, you can still recover damages from the other driver. 

However, any compensation received may be reduced according to your percentage of fault. In these cases, having experienced legal counsel by your side is crucial throughout the process. 

More Questions About Your Personal Injury Case?

It is important for anyone considering filing a personal injury claim in Indiana to understand the laws and regulations that apply. Knowing the facts about personal injury claims can help you make an informed decision as to how to proceed if you have been injured in an accident. 

By thoroughly researching Indiana’s statutes and case law, understanding the nuances of injury law, and speaking with a qualified personal injury attorney, you can be sure that your rights will be protected and any potential claims appropriately pursued.

Plug into legal awareness on our Legal Blog; stay informed and contribute your legal expertise by writing for us – be part of the legal conversation