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Westfield Car Accident Lawyer

Have you suffered from injuries in a Westfield, Indiana car accident? When drivers act negligently, they endanger other road users and can cause significant harm. Depending on the severity of a motor vehicle accident, these incidents can often be life-altering. After enduring auto accident injuries, you may experience physical, emotional, mental, and financial confusion and pain. Having an experienced Westfield car accident lawyer at your side can help make the healing process more manageable.

If you or a loved one have been injured in a car accident that was not your fault, you may be eligible for financial compensation. The Westfield car accident lawyers at Wilson Kehoe Winingham are available to help you with your car accident case.

The Town of Westfield, Indiana

Westfield is home to more than 40,000 residents and is located approximately 20 miles north of downtown Indianapolis. The town is best known for Grand Park, the largest youth sports campus in the U.S. The facility features 26 baseball and softball diamonds and 31 multipurpose fields for soccer, football, field hockey, and lacrosse.

This facility brings a lot of automobile traffic to the area. And given that one in three fatal traffic accidents happen on rural roads, Westfield sees its fair share of car crash injuries and fatalities.

What Causes Car Accidents in Westfield, IN?

The majority of car accidents happen due to human error, along with a variety of contributing factors. Some of the main causes for car accidents include:

  • Distracted driving (texting, talking on the phone, eating, grooming, etc.)
  • Impaired driving (operating a vehicle under the influence of drugs or alcohol)
  • Speeding
  • Running red lights or stop signs
  • Reckless or aggressive driving (switching lanes too quickly, disregarding the safety of others, etc.)
  • Fatigue (sleepiness, drowsiness, or exhaustion)
  • Weather conditions (rain, snow, fog, wind, etc.)
  • Road conditions (poorly maintained roads, improper signage, etc.)
  • Vehicle defects
  • Loss of control
  • Driver illness or medical condition

Knowing the most common causes of motor vehicle accidents can help keep you and your family safe on the road. Preparing for safety before getting in the car is an important part of being proactive about avoiding potential collisions.

How Is Fault Determined in a Westfield Accident?

Indiana uses tort liability, which is at fault liability. Tort law means that fault is determined based on the percentage of fault each driver has. The percentage you are at fault is the amount that you will either pay or receive in compensation.

Indiana requires all drivers to have insurance minimums of $25,000–$50,000 for injury and $10,000 for property damage. Fault is determined by establishing a driver’s negligence, which is proven by presenting evidence. An experienced lawyer will be able to review your evidence and help present it to insurance companies.

What Should You Do After a Car Accident in Westfield?

The actions you take immediately following a car accident could help or hurt your case down the road. Steps you should take include:

  • First, get yourself and any passengers to safety, out of the flow of traffic. If your vehicle can be moved, pull it to the side of the road as a safety precaution for others.
  • Call 911 or local police, depending on the severity of the accident. You’ll want to file an official police report.
  • Don’t admit fault. Even if you think you may be at fault, don’t say anything at the scene that could incriminate you later. You may tell the police the facts of the case, but don’t admit any blame to anyone.
  • Gather contact information from others involved in the accident, including insurance details. Also try to get contact information from any potential witnesses.
  • Document the accident scene with photos and/or videos. Include not only property damage but also the surrounding area, any road signage or road damage, signals, etc.
  • Get checked out by a medical professional. You’ll want a medical check-up on file for later.
  • Contact an experienced Westfield, Indiana car accident lawyer.

What If You Were Partly Responsible for the Westfield Crash?

Indiana is what’s known as an at-fault state, meaning the majority of claims are governed by the Indiana Comparative Fault Act. This means you can seek damages from the at-fault driver’s insurance as opposed to filing on your own policy. In some accidents, both parties may be found partially at fault, which would affect the settlement.

If you are found to be 20% responsible, then you are only eligible to receive 80% of the settlement. For example, if damages are $50,000, but you are deemed to be 20% at fault, the most you could recover is $40,000 (or 80% of $50,000). Note that any driver who is determined to be 51% or more at fault is not eligible to receive compensation from the accident.

Common Injuries From a Westfield Car Accident

The following are examples of the most common Westfield car accident injuries we see:

Some of these injuries, such as back or neck injuries, may not be apparent in the immediate aftermath of the accident. Instead, they could show up days or weeks later.

Potential Damages From a Westfield Car Accident

There are two main types of auto compensation you may be entitled to following an accident: economic and non-economic damages.

Economic damages, which are also called special damages, cover losses that have a quantifiable dollar amount. These damages include:

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

Non-economic damages, also known as general damages, do not have an exact dollar amount associated with them and may include the following:

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

How Are Benefits Calculated in a Car Accident Lawsuit?

Some damages are straightforward to calculate due to their economic nature. Other costs, such as pain and suffering, are more difficult to quantify. An experienced Westfield, Indiana car accident lawyer can help you determine what compensation you could receive.

Compensation costs for economic damages are easier to calculate because there is a quantifiable number involved. Non-economic damages, on the other hand, can be more complicated to estimate because they are not quantifiable. There are two methods of calculating compensation for general damages:

  1. Multiplier method: To use the multiplier method, you add up all economic damages and then, depending on the severity of those damages, multiply that number by between 1.5 and 5. Severity is determined by the evidence your lawyer presents, which is one reason why it’s vital to collect information after a collision.
  2. Per Diem method: Also called the per day method, the compensation you may receive depends on each day that you experience pain after your accident.

Calculating general damages can seem subjective, so having an experienced attorney to present evidence to your insurance provider or in a settlement is strongly advised.

Calculating general damages can seem subjective, so having an experienced attorney to present evidence to your insurance provider or in a settlement is strongly advised.

Indiana Statute of Limitations on Car Accidents

Indiana has a set of laws dictating when you can file lawsuits in court. These deadlines are called statutes of limitations. Statutes of limitations differ among states and are based on the type of claim you are filing.

The Indiana statute of limitations for an auto accident is two years from the day of the incident. There are some exceptions to this rule, such as if your accident involved a government vehicle. But because of this strict deadline, we recommend that you contact an experienced Westfield car accident lawyer today.

Working With WKW | What to Expect From Our Lawyers

With extensive experience in auto accidents and injuries, the Westfield car accident lawyers at Wilson Kehoe Winingham can help you get the compensation you deserve. We are proud of our case results and winning record. Plus, our lawyers work on a contingency basis, meaning no out-of-pocket costs to you.

Our firm was built on the foundation of “restoring lives” to help our clients move forward. In the event of a tragic car accident, let the legal team at WKW work toward the best possible outcome for you and your loved ones.

Contact Our Westfield Car Accident Law Firm for Help

The Bloomington car accident lawyers at Wilson Kehoe Winingham have the experience and knowledge needed to help you get full and fair compensation following an auto accident. There’s no need to go it alone, so reach out today.

Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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