Personal injury law involves injury or harm done to a person stemming from another’s negligence. The result of the injuries can often be life-altering for the victim and, in the worst-case scenarios involving a fatality, heartbreaking for the victim’s family. At Wilson Kehoe Winingham, we have decades of experience working to bring justice to personal injury victims and their families, securing the highest level of compensation possible. Our lawyers have negotiated favorable settlements for a wide array of personal injury suits, helping our clients to get their lives back on track. And when necessary, we have the skills needed to see your case through at trial.
Personal injury cases have been at the heart of WKW’s practice for more than 30 years. Our team of lawyers are experienced in a wide array of personal injury matters, from dog bites to job injuries to medical malpractice. We limit the number of cases we take on so that we can devote care and time to each of our clients, and we’re located right here in Indianapolis to better serve you. Helping fellow Hoosiers receive justice in the face of trauma is our goal.
There are a number of ways that a lawyer can help your medical injury case. First off, you are probably under significant stress following the incident and feeling overwhelmed. Having an experienced Indianapolis personal injury lawyer from Wilson Kehoe Winingham at your side guiding you step-by-step through the process will help relieve much of the pressure from the many unknowns you’re facing. Second, you are almost certain to receive a higher settlement working with one of our lawyers. We are experienced negotiators who know how to push for the highest settlement possible, especially in more complex cases.
A significant amount of hard work goes into every case to optimize payout. Depending on the case, this can include anything from obtaining video footage to witness interviews to scene recreation. Most businesses—and their lawyers—will fight every step of the way to block you from obtaining any information or content that could be used against them.
We partner with our clients to work towards the best possible results, while also keeping them informed about each step of the process. Our significant experience negotiating with insurance companies is key to any successful settlement.
We have decades of experience turning an insurance company’s initial lowball offer into a significant outcome for the benefit of our client. Most insurance companies will try to gloss over many aspects of the case that our lawyers know warrant attention and compensation.
Each personal injury case goes through what’s known as the discovery stage of a lawsuit, where both sides ask questions and seek information that will be used to prove or disprove their case. It’s important to have an experienced lawyer who knows where and how to dig in and uncover any potentially useful information, such as police reports, witness statements, and any past improprieties in the case of the accused. Once discovered, they may not want this information to come to light, helping lead to a settlement.
In the state of Indiana, personal injury cases will enter mediation before a case goes to trial. Mediation is an opportunity for both sides to discuss the case and share their evidence gathered during discovery that would be presented at trial. This allows both the defense and the prosecution to evaluate their cases and identify both strengths and weaknesses.
The goal of mediation is to come to a settlement and avoid going to trial, which can be a long, drawn-out process and can be hard for the victim to endure. In the case of Wilson Kehoe Winingham, it also allows us to demonstrate our litigation experience and willingness to take the case to trial if needed.
While both clients and lawyers alike usually aim for a favorable settlement, it’s always possible that your case will go to trial. This is why it’s so important to work with personal injury lawyers with significant trial experience—like the team at WKW.
Our lawyers are experienced, polished, and work with the latest technologies to uncover any potential advantages to help your case. We won’t be intimidated by insurance company lawyers and we will lead you through each step of the process.
Personal injuries can happen anytime to anyone, often with devastating consequences that can impact the victim or their loved ones for life. According to the Indiana State Department of Health Injury Prevention Program, of all injury-related deaths in Indiana, accidental fatalities comprised 65%.
Our team of experienced personal injury lawyers at Wilson Kehoe Winingham have significant experience in a broad range of matters that impact Indiana citizens.
Personal injury due to negligence can leave the victim and their family in a devastating position, both emotionally and financially. Compensation that is awarded to victims in personal injury cases generally falls into two categories: economic damages and non-economic damages.
Economic damages are easy to put a dollar amount on, as they generally correlate to an exact figure, such as medical bills or lost wages. Non-economic damages are more abstract in nature—but just as valid—and include pain and suffering.
Medical bills can pile up quickly in a personal injury suit. These economic damages are generally easy to calculate due to the fact that you will receive a bill for any care needed. They may include ambulance costs, hospital bills, treatment, and therapy.
If you’ve been unable to work following the accident or injury, the economic damages sought will often include the wages you would have earned if not injured. They may also include future wages if it can be shown that the injury may limit the victim’s future earning potential.
This type of compensation falls under non-economic damages. The emotional trauma following a personal injury is real and can take many forms. You may be crippled by anxiety and fear, unable to function on a day-to-day basis as you did previously. If you’ve lost a partner, loss of companionship is a legitimate example of non-economic damages. The experienced personal injury lawyers at Wilson Kehoe Winingham will know how to address these issues in settlement negotiations—or in court if need be.
Loss of services and consortium is a legal term for a very basic concept. It’s when a spouse or partner of a personal injury victim makes a claim for damages. The consortium is available as an element of damages to a married couple when their former way of life is altered as a result of the personal injury. These are typically non-economic damages and can include marital strain, inability to do activities together, sexual constraints, and loss of companionship.
Both the parties named in the lawsuit and their insurance carriers will take any available path to try to limit the amount of payout in damages. If they’re unable to completely avoid being determined at fault, they will still use a number of tactics to try to reduce the merit of your claim as much as possible. The personal injury lawyers at WKW have decades of experience with this and will not be intimidated by these tactics.
Insurance companies will often try to shift the narrative of the story to lay blame on the victim with the hopes of reducing the validity of the claim. In the state of Indiana, if a victim is found to be 51% or more at fault, they are unable to claim damages. Insurance companies are notorious for twisting the victim’s words to sound as if they played a role in the accident.
Once a claim is filed, the insurance company may start to look for reasons to deny the claim. This can include tactics such as a failure to pay premiums or withholding information to attempt to deny a payout.
Lowball offers by insurance companies are commonplace in personal injury cases. Victims often fall prey to this technique if they are not working with an experienced lawyer who knows this is an attempt to wrap up the claim before the damage has been thoroughly considered.
Insurance companies will hire doctors as expert witnesses to try to prove that your injury is the result of a pre-existing condition, or not related to the case at hand. This is a common tactic to try to get the victim to back down, again used most frequently with victims not represented by a lawyer.
This is a creative, more recent tactic insurance companies are starting to use. Instead of using the actual amount of the cost of treatments, they are now saying that your claim would only be valued at the percentage your insurance company covers. So even though you’ve been responsible by having—and paying for—medical insurance, they will try to penalize you for this.
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