South Bend Personal Injury Lawyers

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 South Bend and can help you get the compensation you deserve.

About the Town of South Bend, Indiana

South Bend is located in north, central Indiana and is the fourth largest city in the state with a population of more than 100,000. Two of the city’s defining features are the St. Joseph River and the University of Notre Dame. From the Studebaker National Museum to cross country ski trails in winter to the nearby Potato Creek State Park, South Bend offers something for everyone.

South Bend Personal Injury Cases We Cover

The experienced personal injury attorneys at Wilson Kehoe Winingham have handled all types of cases, from car and truck accidents to workplace injuries to toxic mold. Personal injury lawsuits have been the primary focus of our law firm for more than 30 years.

Medical Malpractice

Medical malpractice suits happen when a doctor 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.

Car Accidents

Automobile accidents are one of the most common reasons for a personal injury claim. When drivers behave negligently, severe injury can be inflicted upon the victim, potentially impacting them 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.

Truck Accidents

Given the sheer size of an 18 wheeler, truck accidents tend to be very serious. Because of the many rural state highways surrounding South Bend, the city’s residents have unfortunately seen their fair share of trucking accidents. These cases are usually 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.

Other Personal Injury Cases We Handle

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. Other representative areas of personal injury cases we handle include:

• Motorcycle accidents
• Farming accidents
• Boating accidents
• Transportation accidents
• Aviation accidents
• Workplace accidents
• Golf cart accidents
• Construction accidents
• Bicycle accidents
• Premises liability
• Mesothelioma (from exposure to asbestos)
• Dog bites
• Slip and fall accidents
• Fire and explosions
• Insurance claim denials
• Product liability
• Drug injuries
• Brain injuries
• Wrongful death
• Nursing home abuse
• Spinal cord injury
• Birth injuries
• Toxic mold exposure

Common Injuries Sustained From Personal Injury Cases in South Bend

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 South Bend, IN personal injury cases include:

• Whiplash: Most commonly resulting from a car or truck accident, whiplash occurs following a rapid back-to-forth forced movement of the head, resulting in neck tissue strain.
• Bone fractures: This includes damage to ribs, with severity depending on whether the break is a simple or compound fracture.
• Sprains and tissue or ligament strain: Any joint may be affected by the sudden tug or pull from an accident.
• Brain injury: Depending on the severity of the blow to the head or the force of impact, these can range from a concussion to traumatic brain injury (TBI).
• Cuts, abrasions, and bruises: These may be serious in and of themselves, or could lead to an infection or other related difficulties down the road.
• Internal bleeding: This can result from a severe impact or a fractured bone.
• Disfigurement: These injuries may require surgery and/or have long-term or even lifelong implications.

Why You Should Hire a Personal Injury Attorney in South Bend, IN

If you have been injured in an accident in South Bend and it was someone else’s fault, you may be able to file a personal injury claim. The experienced South Bend personal injury lawyers 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 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.

Investigate the Accident

This is the first phase of any personal injury claim. Once you’ve met with your lawyer and described to them what happened, it’s now their turn to dig a little deeper. Even in cases where it may seem obvious where the fault lies, a competent lawyer will know that’s not always true. A thorough investigation is necessary to get a complete picture of what happened.

Deal Directly With Insurance Companies

This is likely the top area where an experienced personal injury attorney from WKW can have the most impact. While you are able to represent yourself in a personal injury suit, you would likely end up frustrated and walk away with a just percentage of what a lawyer may have been able to procure. Our attorneys have dealt with insurance companies for decades and are not intimidated by their tactics. Personal injury lawyers at WKW will know all the potential claims that can be sought and what a reasonable settlement amount is for your long-term care and recovery.

Help Determine Fault

Your lawyer will need to do some research to determine all possible negligent parties in a claim. Determining who is at fault will generally become clearer following an investigation. For example, in some instances there could be negligence by a parts manufacturer that was nowhere near the scene of the accident but caused a malfunction. Having multiple liable parties is not unusual in personal injury cases.

Assign Value to Your Case

It’s important to work with an experienced personal injury lawyer in order to maximize compensation. You must not only consider your current injuries or state of well-being, but also what will happen in the future. If your injuries persist, they may have long-term implications on your ability to work as well as require ongoing therapy or rehab.

Potential Damages From Your South Bend Personal Injury Lawsuit

There are two main types of damages recoverable from personal injury lawsuits: special damages and general damages.

Special damages are economic. They’re objective, quantifiable, out-of-pocket expenses incurred as a result of the accident, such as loss of wages, medical expenses, or mobility equipment, like a wheelchair.

General damages are non-economic. They boil down to putting 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.

Punitive damages can only be sought if the malpractice was undeniably negligent or outrageous and these types of damages are quite uncommon.

What Your Case Is Worth

There’s no simple answer when our clients ask us what compensation they may receive, as each injury and set of circumstances is unique. Many factors determine the worth of a case, including how much blame is apportioned to each party, the severity of damages or injury, and the amount of insurance involved. A lawyer will need to do some digging to learn more about your personal circumstances before being able to offer even a ballpark number for a potential settlement.

Indiana Statute of Limitations on Personal Injury Cases

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.

Cost of a South Bend Personal Injury Lawyer

If you are the victim of a personal injury due to someone else’s negligence, the last thing you need to worry 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.

Most reputable personal injury lawyers 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 for the victim, but it also aligns the interests of both client and lawyer to seek the maximum settlement.

Steps to File a South Pend Personal injury Lawsuit

The first step in filing a personal injury claim should be to hire an experienced attorney who can walk you through each step of the process, including establishing legal standing, determining liable parties, filing a claim with the proper court, and serving a complaint. Trying to manage this process on your own will only lead to frustration and result in money being left on the table. Experienced WKW personal injury lawyers are here in South Bend, IN, and ready to help.

Personal Injury FAQs

How do I know if I have a personal injury case in South Bend, IN?

In the state of Indiana, the law recognizes that people can be found negligent or otherwise responsible for harm or injury sustained in an accident. If you are the victim of another party’s negligence, working with a personal injury lawyer at Wilson Kehoe Winingham in South Bend can help you secure rightful compensation. Accidents can happen in an instant, but may have long-term or even lifelong repercussions. Your attorney will do a thorough investigation to discover any evidence to prove your case.

What should I do directly after an accident occurs?

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:

1. Seek medical attention: Put your safety first and get a medical assessment, even if you’re feeling ok. Pain can crop up later or increase over time and you’ll want a record on file in case things worsen.
2. Avoid speaking about your case: Although you may want to shout about your accident, now is not the time to go around town telling everyone about what happened. Anything you say now could later be used against you.
3. Gather evidence and documentation: Collect and organize documents and evidence related to your case, including police reports, medical records (dates, times, provider info, etc.), photos, and any witness information collected at the scene. It is also recommended that you write out exactly what happened at the accident as soon as you can following the incident.
4. Hire a lawyer: Having an experienced personal injury lawyer by your side can make all the difference to the compensation you receive. Going it alone is usually a foolish pursuit, so speak to the WKW team in South Bend today.

How long will I have to wait after winning a case to get paid?

This is not an easy question to answer, but, understandably, it is one that is always asked. It’s natural to want to know what you’re getting into. Most personal injury claims end in a settlement, but they do occasionally go to trial, significantly extending the timeline.

While it depends on the complexity of the case, it will typically take from one to three years from start to either settlement or trial. This is another reason to make sure you select an attorney you not only have confidence in, but also one you’re comfortable working with, as you’ll be working together for a while.

Is there a maximum amount of compensation I can receive?

Yes, and the amount varies by the type of accident, the parties involved, and by the state. Medical malpractice damage caps were raised in Indiana to $1.8M for accidents occurring after June 30, 2019. If your suit is against a government entity, the max is $700K. When an unmarried adult 23 or older is killed, the estate may not receive greater than $300K through a wrongful death suit. Punitive damages in Indiana are generally capped at 3X the amount of the damages awarded or $50K, whichever is highest.

WKW | Working With a South Bend Law Firm You Can Trust

Wilson Kehoe Winingham’s personal injury lawyers have decades of experience handling personal injury cases of all types. In fact, working with our clients to restore their lives during challenging times is at the core of our entire practice.

We limit the number of cases we take on so that every client gets the personal attention they deserve and need during this trying process. We are with our South Bend clients every step of the way. And since we work on a contingency basis, there is no up-front cost to you, leaving you with one less thing to worry about from the start.

Reach Out to WKW Today for a Consultation

Our team of personal injury lawyers at Wilson Kehoe Winingham is here in South Bend and ready to help. We fight for all our clients to get you the compensation you 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.