Indianapolis Car Accident Lawyer

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Car accidents change whole lives in the blink of an eye. Suddenly, you’re faced with physical, emotional, and financial consequences—none of which are your fault. Our Indianapolis car accident attorneys are here to guide you through the confusion and pain to make the healing process more manageable.

Common Causes of Indiana Car Crashes

Car accidents can occur for a variety of reasons, often resulting in serious injuries, property damage, and emotional distress. Understanding the common causes of car accidents is essential for both preventing these incidents and pursuing legal action when they occur. As car accident lawyers, we see a wide range of factors that contribute to these crashes.

Some of the most frequent causes of car accidents include the following:

  • Distracted driving. Activities such as texting, talking on the phone, eating, or using in-car technologies divert attention from the road and significantly increase the risk of an accident.
  • Speeding. Driving above the speed limit reduces the driver’s reaction time and increases the severity of collisions.
  • Drunk driving. Alcohol impairs judgment, coordination, and reaction times, making drunk driving a leading cause of serious accidents.
  • Reckless driving. Aggressive behaviors like tailgating, weaving through traffic, and ignoring traffic signals can lead to dangerous situations and crashes.
  • Fatigue. Sleepiness can impair a driver’s ability to competently respond, react, or discern conditions on the road.

How Much Is My Car Accident Case Worth?

Indiana injury laws give car accident victims the right to be made “whole” again after a crash. This means compensating them for out-of-pocket costs but also for losses that are harder to quantify. These are usually separated into two groups: special damages and general damages.

Special (also called economic) damages cover losses with a measurable dollar amount, such as:

  • Medical expenses
  • Vehicle damage
  • Lost wages or income
  • Hospital bills
  • Property damage
  • Car rental and towing costs
  • Rehabilitation costs

General (or non-economic) damages do not have an exact dollar amount. These include:

  • Pain and suffering
  • Loss of companionship
  • Mental anguish
  • Lower quality of life
  • Long-term disability

Car accident settlements vary depending on the specifics of the case. For example, a person’s age, career, future medical care, and severity can all factor into the settlement amount. It’s vital to have an experienced attorney calculate your damages and back up the figure with evidence during negotiations.

Injuries Suffered in Indiana Car Accidents

Car accidents can result in a range of injuries, varying in severity from minor to life-threatening and leading to significant physical, emotional, and financial challenges. As personal injury lawyers, we understand the impact that these injuries can have on your life and are here to help you seek the compensation you deserve.

Five of the most common car accident injuries include:

  1. Whiplash. This neck injury can be caused by sudden, forceful back-and-forth movement of the head, commonly occurring in rear-end collisions.
  2. Broken bones. Fractures to the arms, legs, ribs, and other bones can occur due to the impact of the crash.
  3. Head injuries. Ranging from mild concussions to traumatic brain injuries (TBI), head injuries can have lasting effects on cognitive and physical functions.
  4. Spinal cord injuries. Damage to the spinal cord can lead to partial or complete paralysis, affecting mobility and quality of life.
  5. Internal injuries. A collision can cause trauma to internal organs such as the liver, spleen, or kidneys, often requiring emergency medical intervention and long-term care.

8 Steps to Take If You Are in a Car Accident

How Can an Indianapolis Car Accident Attorney Help?

Auto accident cases quickly become complicated. Many factors are at play, and determining liability is difficult when there might be more than one negligent driver. If you or a loved one was injured in a car accident that was not your fault, you may need an attorney’s help to guide you during this difficult time.

The Indianapolis car accident lawyers at Wilson Kehoe Winingham can help you by:

  • Investigating the accident. When we investigate an accident, we always start at the crash scene. We gather and preserve evidence that might otherwise be lost, including witness statements, photos, and vehicle debris. In personal injury lawsuits, the more high-quality evidence in your case, the better.
  • Proving fault. Establishing negligence is crucial to protecting your recovery. In Indiana, fault is based on comparative negligence. The compensation you receive is reduced by your percentage of fault—and if you’re more than 50% at fault, you cannot collect any damages. We present a clear path of evidence to insurance companies, preventing them from unfairly devaluing your claim.
  • Maximizing compensation. Indiana requires all drivers to have a minimum of $25,000–$50,000 for injury and $10,000 for property damage. Individual policies can be much higher, but insurers will work hard to minimize your payout. Car accident attorneys know the tactics insurance companies use and how to negotiate a full and fair settlement.
  • Filing your case on time. The Indiana statute of limitations for car accidents is two years from the day of the accident. However, you should not leave filing to the last minute. We can help you meet all necessary filing deadlines to keep your case on track.

How Long Will It Take to Get a Car Accident Settlement?

The length of time to settle an auto accident claim depends on factors like the complexity of the case, the extent of injuries, and negotiations with insurance companies. Simple cases might settle within a few months, while more complicated ones could take a year or more. Promptly gathering evidence and engaging a skilled attorney can expedite the process.

Initial negotiations often occur within weeks of filing a claim. However, reaching a final settlement may involve multiple rounds of negotiation, possibly leading to mediation or even trial.

Here’s an example of the timeline you can expect when negotiating a settlement.

  • Send a demand letter. A demand letter is a professional document requesting payment from an at-fault party. We will draft and send this letter on your behalf.
  • Receive the response. The insurance company may respond to a demand letter in one of three ways. They could accept your demands and pay accordingly, settling the case. They might counter-offer, opening up negotiations. Or, they could deny your claim and refuse to pay.
  • Begin negotiations. Negotiations with the insurance company can last a few weeks to several months, depending on the case’s complexity. Mediation is typically scheduled if no agreement is reached, adding a few more months.
  • Go to trial. If mediation fails, your case might proceed to trial. However, settlements save both parties money and time, so many cases are settled before trial.

How Much Does a Car Accident Lawyer Cost?

Negligent drivers can cause significant harm to other motorists. Depending on the severity of a car accident, these incidents can be life-altering. Our firm works on a contingency fee basis to ensure our clients don’t have to take on an additional burden at this difficult time.

With contingency fees, the lawyer’s fee depends on their ability to win the case or reach a settlement. If we succeed in your case, we will collect a percentage of the winnings. If the case is unsuccessful, you owe us nothing. It’s a win-win for our clients; we handle all upfront costs and are invested in our client’s victory.

Contact Our Indianapolis Car Accident Attorneys Today

With over 30 years of experience, the auto accident attorneys at Wilson Kehoe Winingham will investigate and analyze every part of your case and ensure you get the help you need to succeed. Contact us today at (317) 920-6400 or fill out our online form for a no-obligation, free consultation.


Client Testimonial: 5/5 ★ ★ ★ ★ ★

Bill, Jon and Megan made me feel comfortable right away. They listened, then asked question. They explained what they could do for me very clearly, defining the parameters of their service and possible outcomes. I would recommend the firm to any of my friends and family members.

-Nancy Z.
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