What Does an Expert Witness Have to Do with My Accident Compensation?

If you’ve been involved in a car accident, your expenses will no doubt be stacking up. A personal injury case can allow you to collect compensation for your expenses, including:

• Medical treatment
• Lost wages
• Repair or replacement of your vehicle
• Pain and suffering

However, in order to collect compensation, you will need to prove that the other driver was at fault for the accident and that the accident was the direct cause of any damages you are seeking compensation for. Also keep in mind that Indiana is a comparative fault state, which means that your compensation will be reduced by the degree to which you were at fault for the accident, and you cannot collect any damages if you were 51 percent or more at fault.

 

Expert Witnesses

To help ensure that the jury fully understands your case, your attorney may decide to hire expert witnesses. Indiana law allows for the use of expert witnesses, so long as they can reasonably be considered experts due to education or experience. These witnesses will provide their expert opinion of the facts of your case, helping the jury to see how the accident happened, how your injuries were caused, and who was at fault. Expert witnesses may include:

• Doctors
• Accident reconstruction experts
• Engineers
• Economists or accountants

These experts are paid to provide their opinions to support your case, so your attorney will take care to ensure that any witness you hire will be helpful in building your case. An expert can be particularly helpful in complex cases, including those involving a large number of vehicles, unusual road conditions, or pre-existing medical conditions. These cases can be difficult for a jury to fully understand, making expert testimony helpful in securing accurate compensation.

 

The Cost of Experts

Although expert witnesses can help you to secure a win in your personal injury case, it comes at a price. The exact fee will depend on the expert you hire. While it may be tempting to choose one of the most affordable experts, be certain that your witness will support your case and has the skills or training to help a jury understand the case clearly. Often, experts with the experience and training necessary are more expensive than experts with the knowledge but without the skills needed for a jury trial.

You will need to pay a price for an experienced expert witness, but remember that there is also a benefit to spending the money for their testimony. In some complex cases, the jury may be unable to see how the accident caused your injuries or how the defendant caused the accident. Choosing the right expert witness could make it possible for a jury to fully understand the accident and decide in your favor.

 

Contact Your Indianapolis Personal Injury Attorney

If you’ve been injured in a car accident, your first step should be to contact an Indianapolis personal injury lawyer focusing on car accident cases. The Indianapolis Personal Injury attorneys at Truitt Law Offices will help you to determine whether or not expert witnesses would help your cases and, if needed, select the best ones in order to improve your chances of collecting compensation.

The post What Does an Expert Witness Have to Do with My Accident Compensation? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/expert-witness-accident-compensation/
via https://www.truittlawoffices.com

Car Accidents on Private Property

A car accident is stressful enough, with injuries to recover from, bills to pay, and potentially the loss of use of your vehicle. When that accident occurs on private property, your situation may be even more difficult due to differences between public and private roadway accidents.

In accidents occurring on public roadways, the police will respond. This can be very helpful for you if you need to later pursue a personal injury claim to cover your expenses, since the responding officers will investigate the accident and document their findings. If the officers find that the other driver was at fault, you can use this finding to support your personal injury claim.

However, you may not have the same benefits if the accident occurs on private property, since police are not required to respond to accidents unless they result in death, injury, or property damage exceeding $1,000 in value. Although officers will generally respond if possible, because private property accidents do not generally cause traffic jams or endanger other motorists, police may opt not to respond if your accident does not meet the legal requirements for responding.

 

In Case of Accident

If you are involved in a car accident on private property resulting in injury, death, or damage to an unattended vehicle, Indiana law requires that you contact the authorities. However, because the police do not have jurisdiction on private property, you will need to be prepared to carefully document the accident yourself. Your documentation should include:

• Name and contact information of other drivers involved
• Insurance information for the other drivers
• Names and contact information for any witnesses
• Photographs or video of the accident scene
• Photographs of damage caused to vehicles
• Photographs of visible injuries
• Your written account of events leading to the accident

Even if police do respond, you would be wise to document the accident yourself to ensure that there are no errors in the police report. Additionally, this documentation will help your Indianapolis Car Accident Lawyer to build the strongest possible case for compensation as well as helping you respond to your insurance company’s requests for information.

 

Collecting Compensation

After the accident, you may choose to pursue a personal injury claim to help you collect compensation to cover your accident-related expenses. Indiana’s contributory fault law means that you can collect compensation even if you were partially at fault for the accident, as long as you were not more at fault than the defendant.

You will be required to prove that the defendant was at fault for the accident and that the accident directly caused your injuries. Depending on the cause of the accident, you may file suit against another driver or against the property owner, if dangerous conditions on the property caused the accident. In either situation, your documentation will be essential to your case.

 

Contact an Attorney

If you’ve been involved in an accident on private property, contact an experienced Indianapolis Car Accident Attorney at Truitt Law Offices right away. We will help you to determine who was at fault and to collect the compensation you need.

The post Car Accidents on Private Property appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/car-accidents-on-private-property/
via https://www.truittlawoffices.com

Steps to Take After Your Child Is Injured in an Indiana Car Accident

Car accidents can be terrifying enough if it is just you in the vehicle. But when a small child is in the car, many other worries will run through your mind. Is the child hurt or OK? Will the paramedics let you ride together to the hospital? When it comes to teens, you may have other concerns. Will the teen post about the crash on social media? Will he or she be afraid to drive in the future?

With decades of experience with assisting families through the tough and often frustrating issues that come with being in a motor vehicle wreck, the Indiana personal injury attorneys of Truitt Law Offices are here to help. If you and your child were recently involved in a crash in Fort Wayne, Huntington, Indianapolis or elsewhere in Indiana, contact us for a free one-on-one consultation about your case.

Child Injuries in Indiana Car Accidents

It is understandable why parents in Indiana are concerned about their children getting hurt in a crash. According to a report from the Indiana University Public Policy Institute, injuries to children in motor vehicle crashes in our state went up by three percent between 2013 to 2017. Child fatalities also increased during this time period, going from 14 in 2015 to 40 by 2017. Additionally, many children suffered injuries in bicycle accidents. In 2017 alone, 124 children who were age 14 and younger were seriously hurt or killed in such crashes.

What Should You Do If You Are in a Car Crash with a Child in Your Vehicle?

If you are ever involved in a car wreck in Indiana, and you have a child with you, here are some steps that you should take:

• Check for injuries to your child and others at the scene. Ultimately, human life and safety are the most important thing after a crash. Make sure to check on your own child and ensure that you are safe before rendering any assistance to others.
• Call 911. Even if everyone seems OK at first, keep in mind that some injuries can be delayed. For instance, brain injury, spinal cord injury and soft tissue damage may not be noticeable at first. You should call police and paramedics to the scene as soon as possible.
• Exchange information and cooperate with police. The police should help to obtain data and information from others at the scene, but do not assume that they will get witness contact information. Do your best to get the names and contact numbers of everyone at the scene, including witnesses.
• Get medical attention for your child. You want to get your child checked out by a doctor as soon as you can. Small children may not always let you know they are hurt, and older kids may hide their injuries or pretend they are OK. Always take your children to the hospital to be evaluated.
• Report the accident to your own insurance company. This may seem to be counterintuitive if the other driver was at fault. However, your insurance policy may have a provision buried in the fine print of the contract that requires you to give timely notice of the crash, regardless of who was at fault.
• Do not speak to the other driver’s insurance carrier. An insurance adjuster from the other party’s insurance company represents the interests of that driver, not you. So, don’t speak to the adjuster without consulting with your own attorney first.
• Stay off social media (and make sure your children do the same). Your car accident should be a private matter that you discuss only with your attorney. Let your children know the importance of staying off social media for a while until your case is resolved.
• Get help from an Indiana child injury lawyer. Before you give a statement to the other driver’s insurance company or accept a settlement offer, you should meet with an experienced child injury attorney. An attorney who understands the unique issues that arise in child injury cases can advise you about your rights and options and, ultimately, help you to pursue the compensation that you deserve.

What Makes Child Injury Cases Different?

Child injury cases in Indiana are different from other types of cases in many ways. First, you need to pay attention to time limits. Under Indiana law, you typically must file a personal injury claim within two years after the date of your accident. However, children are deemed to be incapable of bringing a lawsuit. For that reason, children usually have until their 20th birthday to file a lawsuit, or two years after the child’s 18th birthday.

Indiana law holds adults responsible for the medical expenses of their children. So, even though a child may get more time to file his or her claim, parents are still subject to the two-year statute of limitations when it comes to filing claims for medical expenses.

Additionally, to settle a child’s injury claim, you typically will need to get court approval. This process involves getting a judge’s determination about the appropriateness of the settlement. It may involve the appointment of a guardian ad litem to represent the child’s best interests.

Finally, it’s worth noting that a child may be required to testify at a deposition or trial in order to establish his or her physical pain and suffering and how the injuries have affected the child’s life. This is especially true if the child is a teen. As a parent, it may seem unthinkable to put a child through such a process. However, you and your child will need to be prepared for this possibility.

Our Indiana Car Accident Lawyers Are Here for You and Your Child

With offices conveniently located throughout Indiana, including Fort Wayne, Huntington, and Indianapolis, Truitt Law Offices is devoted to client service and fighting for the rights of injured people throughout the state. If you and your child were hurt in a car accident, contact us for a free consultation and find out more about your rights and options today.

The post Steps to Take After Your Child Is Injured in an Indiana Car Accident appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/child-injured-in-an-indiana-car-accident/
via https://www.truittlawoffices.com

Sore After a Car Accident? 6 Injuries With Delayed Symptoms

Approximately 3 million Americans a year are injured in car accidents. Injuries can range from minor bruises and scrapes on up to devastating head trauma or other injuries that leave the victim disabled for life.

It’s common for people to walk away from a car accident mistakenly believing they were not injured. But there are several common car accident injuries that don’t show up until later.

Let’s look at several injuries with delayed symptoms that can make victims sore after a car accident in Indianapolis.

1. Whiplash

Whiplash is one of the most common injuries people experience in car accidents. It is caused by the sudden jolt of the impact stretching and straining the tendons in the neck and shoulders beyond their capacity, causing damage.

In some cases, victims will experience pain and discomfort immediately. However, it’s very common for the symptoms of whiplash to show up the next day or even a few days later.

If victims begin to experience neck and shoulder pain after a car accident, it is advisable to seek medical attention. Symptoms of whiplash also include headaches, blurred vision, ringing in the ears, and trouble sleeping.

In many cases, their injury is whiplash, in which case minor cases will heal on their own. More severe cases, however, may need medical attention. This type of pain can also indicate a spinal injury which will need treatment.

2. Concussion

A concussion occurs when the brain strikes the inside of the skull. Car accident victims don’t have to strike their head on something to experience a concussion. It can happen from a sudden, forceful change in motion that slams the brain against the skull.

Depending on the severity of the blow, victims can experience a range of symptoms including:

• Headaches
• Dizziness and disorientation
• Mood swings
• Changes in appetite or sleep habits
• Light sensitivity
• Sound sensitivity

A concussion can be hard to pinpoint, especially if there is no outward indication of an injury. It can also be life-threatening. This is why it is important for car accident victims to seek medical attention even when they think their injuries are minimal.

Look at this checklist to learn what you should do immediately following a car accident in Indianapolis.

3. Internal Bleeding

It is possible for internal bleeding to go undiscovered for a few days after a car accident. However, this is a life-threatening injury and not something to be taken lightly.

Abdominal pain can be an indication of internal bleeding. Large, dark bruises, dizziness, and fainting spells can all also be indications of this dangerous condition.

4. Blood Clots

Blood clots can develop as a result of other car accident injuries. Though blood clots in themselves are not a big deal as the body often takes care of them itself. However, if they reach the heart or the brain, they can cause serious injury or even death.

Headaches are a common indication of blood clots on the brain. They may or may not be accompanied by other signs of concussion or brain trauma.

Symptoms can take a few days to develop.

5. Back Injuries

Back pain is extremely common after a car accident, particularly when the vehicle is struck from the rear or the side. Its presence can indicate various types of injuries including:

• Whiplash
• Herniated disk
• Sprains or strains
• Spinal injuries

Back pain is often accompanied by other symptoms that help to pinpoint the source of the pain. For example, sciatica or numbness or tingling in the limbs can accompany back pain caused by a pinched nerve due to a herniated disc or spinal damage.

Other symptoms of back injuries include:

• Headaches
• Neck and shoulder pain
• Bruising
• Weakness
• Loss of bladder or bowel control
• Difficulty breathing
• Loss of balance

The spinal cord plays an important role in the function of the body. Damage to this body part can be devastating and permanent. Victims who experience any of these symptoms should seek medical help immediately.

6. Emotional Injuries

The body isn’t the only thing that can be damaged after a car accident. Many people are strongly impacted emotionally to the point that they experience symptoms of PTSD (post-traumatic stress disorder).

Feeling uncomfortable on the road after a traumatic accident is quite normal. However, some people also experience vivid flashbacks and nightmares about the events of the accident.

The is particularly common in young children.

Other folks can develop depression and anxiety after an accident. In rare cases, the effect is so strong that folks need therapy before they can get out on the road again.

Feeling Sore After a Car Accident?

Many physical problems can leave victims feeling sore after a car accident in Indianapolis. But those aren’t the only problems victims may have to deal with.

If the injuries sustained were severe enough, victims may have to take time off work to heal and attend physical therapy. Plus, they may be responsible for hefty medical bills.

That doesn’t seem fair if they didn’t cause the accident.

Have you been in a car accident that left you feeling sore? Not only physically, but also mentally as you struggle to recover and pay bills you shouldn’t have to pay?

Contact us today or visit us at any of our three Indiana offices for a free consultation. That way you can find out if your case qualifies for compensation and a ballpark figure of how much to expect. Then, we’ll help you go to court and fight for the compensation that you deserve.

The post Sore After a Car Accident? 6 Injuries With Delayed Symptoms appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/sore-after-a-car-accident-6-injuries-with-delayed-symptoms/
via https://www.truittlawoffices.com

What Is the Statute of Limitations in Indiana?

Before you file any type of lawsuit in Indiana, you need to know about the statute of limitations that applies to your case. The statute of limitations is a limit on the amount of time that can pass before the right to pursue an action is barred. Criminal cases have a statute of limitations as well.

If you were recently injured in a car accident, slip and fall or other type of incident due to someone else’s wrongdoing, our experienced Indiana personal injury lawyers at Truitt Law Offices can help you to understand the statute of limitations that is relevant to your case. We can advise you on how much time remains in which to file a claim, and we can ensure that all deadlines are met in your case. Because timing is so important, make sure to contact us as soon as possible to review your case in a free consultation.

Why Do Statutes of Limitations Exist?

Statutes of limitations exist for a variety of reasons, including:

• They protect defendants from having to worry about whether they will be sued or arrested after a great deal of time has passed. This is a matter of fairness.
• They reduce the risk that potentially crucial evidence in a case will be lost or destroyed, which is more likely to happen when too much time has passed. Additionally, over time, the memories of parties and potential witnesses will fade.
• They force plaintiffs in civil cases and prosecutors in criminal cases to act with due diligence.

After years and years have passed, the facts of a case can simply become murky and challenging to determine. So, in this sense, statutes of limitation help to protect everyone in civil and criminal cases. They ultimately serve to promote the interests of justice.

What Are the Statutes of Limitations in Civil Cases in Indiana?

At Truitt Law Offices, our attorneys work exclusively on personal injury claims, which are a type of civil action. People file civil lawsuits for the purpose of recovering financial compensation, or damages. These lawsuits are separate and distinct from criminal cases. So, they are governed by a separate set of statutes of limitations. In Indiana, the statutes of limitations for the following civil actions are:

• Wrongful death: Two years
• Property damage: Two years
• Premises liability: Two years
• Legal malpractice: Two years
• Personal injury: Two years
• Medical malpractice: Two years.

In most cases, the clock on the statute of limitations starts ticking from the moment that the cause of action arises. It may start to run on the date when a person suffers an injury or, as in medical malpractice cases, when a negligent act occurs which causes an injury. In wrongful death cases, the statute of limitations starts to run from the date of the victim’s death.

For example, if you suffer an injury in a car accident on December 1, 2019, then the two-year statute of limitations will expire on December 1, 2021. However, if your loved one died on December 20, 2019 from the injuries which he or she suffered in that accident, the wrongful death statute of limitations would not expire until December 20, 2021.

Exceptions to the Indiana Statute of Limitations

In some situations, the statute of limitations won’t start to tick from the date that an accident or injury occurred, or from the date of the negligent act. Instead, the statute of limitations may run from the date that a person knew or reasonably should have discovered that he or she suffered an injury. This is called the discovery rule.

For example, if a surgeon left a piece of medical equipment inside of a patient, and the patient did not discover that this negligence occurred until three years after he or she developed serious complications, the patient would not be held to the two-year time limit. Instead, that patient would have two years from the date of discovery in which to file a medical malpractice claim against the at-fault doctor or other medical professional.

If patient was age 6 or younger at the time of the alleged medical negligence, then the patient will have until he or she turns age 8 to file a claim. This rule applies even when a child suffers injuries at birth.

Additionally, if a patient sues for more than $15,000 in a medical malpractice case, the patient must first submit a complaint to a medical malpractice review panel before the case can go to court. The statute of limitations will be “tolled,” or stop running, for 90 days after the patient receives the panel’s opinion.

In Indiana medical malpractice cases, two other rules can affect the statute of limitations:

• First, the two-year limit cannot be raised as a defense if the medical professional committed an act of deception that prevented a patient from discovering the alleged malpractice and injury within the two-year statute of limitations period.
• Second, if the medical professional’s negligence was part of a continuing course of conduct, the clock will not start to tick on the statute of limitations until the continuing conduct ends.

Finally, if you file a claim against a government entity, you generally must file a notice of claim within six months after the cause of action arises.

Our Personal Injury Lawyers in Indiana Are Here to Serve You

If you have questions about the statute of limitations for your personal injury case, we can help at Truitt Law Offices. We believe that it is always best to start working on cases as soon as possible after an accident or injury occurs. So, we encourage you to get in touch with us immediately if you are able. We will start working on your case as soon as we meet with you, including conducting a thorough investigation into what happened to you or your loved one.

We never want anyone to be barred from a financial recovery because they took too long to file a lawsuit. To avoid this issue, contact us right away and schedule a free consultation through our offices in Fort Wayne, Huntington or Indianapolis.

The post What Is the Statute of Limitations in Indiana? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/indiana-statute-of-limitations/
via https://www.truittlawoffices.com