One of the most frequent questions that personal injury attorneys gets asked by prospective clients is “What is my case worth?” after an individual has been injured in an accident. Unfortunately, this is a very difficult question to answer because the answer depends on a myriad of factors, many of which are outside the control of both the injured person and his or her attorney. In fact, it may be a bit reckless for an attorney to provide a clear-cut answer to that question because attorneys cannot predict the future, and again, personal injury cases depend on many factors which ...
April 29, 2019CD
In the companion blog, “Personal Injury: How Can I Succeed in a Personal Injury case?” we’ve already discussed the elements that a plaintiff, whether pre-suit or after filing a lawsuit, will have to establish in order to be successful in a personal injury claim under Indiana law. In that blog post, specifically, we discussed the legal elements that need to be shown: a duty, a breach of that duty, a causal relationship between the breach and the damages suffered, and damages. However, from a practical standpoint, one may wonder what happens, or what the process is, when they wish to ...
April 11, 2019CD
Throughout life, individuals encounter many hurdles that prove challenging. Most people, whether it be in the personal, professional, or financial realms of their lives, try to minimize risk to themselves while maximizing the benefit that they receive to achieve their goals. Despite these intentions, some risks cannot be avoided, and often, life may throw us a curveball that derails our plans. One of these curveballs may, unfortunately, come as a personal injury due to the unreasonableness of another individual by way of a personal injury. Personal injuries can arise in an infinite number of ways – the most common types of ...
April 11, 2019CD
If you drive a car, truck, motorcycle or other vehicle on the roadways, chances are that even the safest driver will find themselves involved in a fender bender once or twice. Accidents can range from minor scratches and dings on your vehicle, to fatalities. Hopefully you never find yourself in this situation, but if you do, here are some key Do’s and Don’ts . DO take pictures at the scene. Most of us have cell phones with cameras, and these can be useful tools later should you find yourself in court or fighting an insurance company to pay out. DON’T admit fault. ...
December 2, 2014CD
When you are injured in a collision or other unfortunate encounter with another object or vehicle, there are steps you can take to assist your counsel in your case. The following article summarizes the three most critical things you can do to capture the evidence for your case. # 1 Get medical treatment right away. Delaying medical treatment may create issues later on in linking the cause of the injury with the injury suffered. Along with seeking medical treatment, be compliant in following the doctor’s orders to help restore you to your prior physical health, if at all possible. #2 Keep a ...
April 22, 2014CD
Personal injury cases often involve many variables, and the injury of each person depends on the specific individual. For example, there may be a class action involving injury against a group of persons, but the impact of the injury on each person may be very different. To help quantify what would be otherwise difficult to pin down, injured persons can undergo impairment rating evaluations. An impairment rating evaluation is often performed by a physician, or member of the medical field. An evaluation of the person’s injury and the percentage of the whole body that has been impacted lead to a percentage ...
April 17, 2014CD
In matters of personal injury, key legal components of a case can include negligence and liability. A person is negligent if they owe a duty to another, breach that duty, and the person caused injury as a result of that breach, and there are damages. In personal injury cases, often the case comes down to the actions of the parties involved, and who is liable for any damages. By way of example, think of a car accident scenario. Driver A strikes Driver B, who is turning left at an intersection on a yellow light. Driver A gets out of the car ...
February 6, 2014CD
In the realm of personal injury cases, (have you heard television attorney’s ask “have you been injured in a car accident?”), there are several types of injuries that can occur to your body and mind. People have usually heard “intentional infliction of emotional distress.” Meaning, someone caused a non-physical injury to another person that resulted in stress, anxiety, fear, or other mental maladies. The “Impact Rule” refers to the notion that in order to collect on damages (money) for mental injuries, there must also be an accompanying physical injury (or impact to the body). This means that a mental injury alone ...
February 6, 2014CD