Accidents can happen anytime or anyplace, possibly resulting in serious injury. If you or a loved one have been the victim of an accident due to another person’s negligence, you may be eligible to file a personal injury claim. The experienced personal injury lawyers at Wilson Kehoe Winingham are here in Bloomington, Indiana, and can help you get the compensation you deserve.
Personal injury law involves injury or harm done to a person stemming from another party’s negligence. The result of the injuries can often be life-altering for the victim, and in worst-case scenarios, heartbreaking for the family when it’s been a fatal accident or injury. The purpose of a personal injury suit is to help make someone “whole again” following an accident.
Finding yourself injured because of a personal injury incident can be traumatizing. You may feel overwhelmed and concerned about mounting medical bills. You might not be able to work due to the injury, piling more stress onto an already difficult situation.
Personal injury claims result from a wide variety of accidents, including everything from car and boating accidents to dog bites or a slip and fall incident. And they may result in life-altering injuries. Given Bloomington’s large university population, access to Lake Monroe, and proximity to highways, personal injury cases are, unfortunately, not uncommon here.
Personal injury cases have been a primary focus of Wilson Kehoe Winingham’s practice for more than 30 years. We have secured full and fair settlements for our clients and successfully taken cases to trial as needed on every type of personal injury case imaginable.
Medical malpractice suits happen when a doctor or other medical provider either failed to act or acted in a way that caused harm to a patient. These cases typically require extensive investigation of what happened to prove that the doctor or medical facility is at fault. Cases may include prescription error, surgical negligence, medical device failure, or improper treatment.
Automobile accidents are one of the most common reasons for a personal injury claim to be filed. When drivers behave negligently, severe injury can be inflicted upon the victim, leaving them impacted for life. The personal injury attorneys at Wilson Kehoe Winingham can help you get compensation for medical costs, ongoing treatments, property damage, and pain and suffering.
Given the sheer size of an 18 wheeler, truck accidents tend to be very serious. Because of all the rural state highways surrounding Bloomington, the city’s residents have unfortunately seen their fair share of truck accidents. These cases are typically more complex than a car accident, especially since there are usually corporate trucking companies involved and varying types of insurance at play. Trucks are also mechanically complex, so negligent maintenance or a parts failure can also sometimes play a role in this type of accident.
Additional representative areas of personal injury cases we handle include:
Just as accidents can take all forms, so too can the resulting injuries. But no matter the severity of the injury, you may be entitled to compensation. Some of the more common injuries we see in Bloomington personal injury cases include:
Every case is unique. If you’ve suffered an injury due to someone else’s negligence, it’s worth pursuing to see if you have a valid claim. At WKW, we offer a free case evaluation, so why not reach out and learn more? Your attorney will need to do a thorough assessment of the circumstances to ascertain the situation and determine next steps.
Each personal injury case is unique, so there is no set answer to this question. The dollar amount sought will depend on a number of factors, including the severity of the situation and injury, as well as any long-lasting impacts. It will also depend on the types and level of insurance involved. The experienced personal injury lawyers at WKW have served as counsel on all types of these lawsuits and will not leave money on the table.
There are two main types of damages recoverable from personal injury lawsuits: special damages and general damages. Punitive damages can be sought if the malpractice was undeniably negligent or outrageous, but those cases are quite rare.
Special damages are economic. They’re objective, quantifiable expenses incurred from the malpractice, such as loss of wages, medical expenses, or mobility equipment, like a wheelchair.
General damages are non-economic. They put a price tag on an otherwise subjective injury, such as loss of enjoyment or a lower quality of life, pain and suffering, or emotional distress.
Each state has its own set of laws dictating when you may file lawsuits in court. These deadlines are called statutes of limitation, and they are strictly enforced. According to Indiana Code section 34-11-2-4, Indiana’s statute of limitations for personal injury cases is set at two years, meaning you have two years from the day of your accident to file the initial court documentation.
What to do following an accident will likely vary depending on the type of accident and severity of injuries, but the following is a general guide:
If you have been injured in an accident in Bloomington and it was someone else’s fault, you may be able to file a personal injury claim. An experienced personal injury attorney from Wilson Kehoe Winingham can help you to receive compensation for medical bills, lost wages, and other potential losses.
Our lawyers know that insurance companies will work against you to avoid any payout or to offer the lowest amount possible to just make the case go away. To these insurance companies, you’re just an annoyance and a file number, but if you work with WKW, you’re a client we care about and we’ll fight to get you a full and fair settlement.
Legally, there is nothing stopping you from representing yourself in the state of Indiana. This is known as “pro se” representation. However, most individuals who decide to go it alone end up frustrated and drained. Not to mention that they have likely settled for far less money than an experienced attorney would have secured.
Wilson Kehoe Winingham’s experienced Bloomington personal injury lawyers have helped clients for decades to secure favorable outcomes in the face of unfortunate situations. Chances are, your injury would be the first time you’re encountering this process. Why go it alone when there’s an experienced and caring team here in Bloomington to help you through this crisis?
Losing a loved one due to a personal injury accident is heartbreaking and life-changing. While there is obviously nothing that can be done to bring them back, you may be able to file a wrongful death claim. It will be necessary to prove that negligence directly led to your loved one’s death.
You must also be a close relative—such as a spouse or minor child—and have suffered financial loss due to the death. Surviving parents of a minor may also be able to file a claim. Knowing who exactly can file a suit in Indiana is complex, so working with an experienced personal injury lawyer is essential.
Personal injury cases are based on fault and holding liable whoever was negligible in causing the accident and resulting damages. Workers’ comp cases are different. In every state except Texas, the law requires most employers to carry workers’ compensation insurance. The laws (generally) provide that employees are unable to sue their employers for workplace injuries.
However, this also means that the employee doesn’t have to prove employer negligence caused the injury in a workers’ comp claim. In fact, with workers’ comp, an employee may get compensation even if their own negligence caused the injury. At WKW, we have decades of experience with both personal injury and workers’ comp cases.
If you are the victim of a personal injury due to someone else’s negligence, the last thing you need to be worrying about is the cost of legal representation. Don’t let the fear of not being able to afford a personal injury lawyer stop you from getting the help and guidance you need—and the compensation you deserve.
The Bloomington personal injury lawyers at WKW work on what’s known as a contingency basis, meaning that there’s no up-front, out-of-pocket cost to you. Instead, when you are awarded your settlement, the lawyers receive a percentage of the money awarded. So not only does this help alleviate the financial burden on the victim, but it also aligns the interests of both client and lawyer to seek the maximum possible settlement.
The personal injury lawyers at Wilson Kehoe Winingham are here in Bloomington and ready to help. We fight for all our clients to get them the compensation they deserve.
Our firm offers a free, no-obligation consultation, so you can feel comfortable learning more about our services. Call our office today at (317) 669-9983.
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