Can a Car Accident Cause Memory Loss?

Both neurological and psychological damage can cause memory loss after a car accident. Memories should return within hours or days. However, prolonged memory loss might indicate a severe injury, such as a traumatic brain injury (TBI). Seek medical care immediately after any traffic collision.

Once you have seen a doctor, you should consult with an experienced car accident lawyer from Truitt Law Offices. If someone else was to blame for the accident, they could owe you money. Call or contact us online for a free consultation.

How Common Are Brain Injuries in Auto Accidents?

According to the Centers for Disease Control and Prevention (CDC), more than 611 hospitalizations and 176 deaths related to traumatic brain injuries occur each day. Traffic collisions are one of the most common causes of TBI.

While seatbelts restrain vehicle occupants to their seats, their heads remain free to move – but only to a certain point. The violent force of a traffic collision can cause the head to hit the steering wheel, window, or dashboard. Flying debris can also strike someone in the head, leading to a TBI.

What Kinds of Brain Injuries Cause Memory Loss?

TBIs are caused by external forces damaging the brain, often resulting in memory loss. Symptoms can range from mild to severe depending on the location and extent of the brain damage. Mild to moderate cases of TBI often heal with prompt and adequate medical care. However, some brain injuries are permanent and lead to long-term memory loss and cognitive impairments.

Memory loss is often one of the first symptoms to appear in the immediate aftermath of a car crash – preventing a victim from understanding the severity of the situation or remembering what happened. They may experience confusion and disorientation, affecting the decision-making process.

In some cases, the memory of the accident will return as the brain heals. In others, the brain may heal fully while the memory of the crash never returns. Particularly severe injuries could prevent the victim’s long-term ability to form, retain, and access memories.

Is All Memory Loss the Same?

A wide range of injuries and ailments can lead to memory loss, each in a different way. Consider the following common causes and effects of memory loss:

• Concussion – A concussion is a mild type of TBI. Short-term memory loss is a common symptom. However, it typically isn’t a permanent issue.
• Brain damage – The hippocampus is an area of the brain responsible for memory. Damage to it can cause problems with memory. When this damage is severe, it can prevent the victim from recovering old memories or forming new ones.
• Mental trauma – Extreme trauma can cause someone to develop dissociative amnesia. The mind subconsciously avoids processing the information and thoughts that recall memories of the traumatic incident.
• Retrograde amnesia – A severe blow to the head can cause retrograde amnesia. Memories made before the injury are effectively erased. Retrograde amnesia can be short-term or long-term, depending on the severity of the head injury.

What Other Symptoms Might Appear Alongside Memory Loss?

Memory loss isn’t the only symptom of a TBI. Additional signs of a traumatic brain injury include:

• Issues with judgment
• Confusion
• Difficulty identifying objects and their functions
• Trouble speaking
• Difficulty solving problems
• Decreased vocabulary and slow, hesitant speech
• Shorter attention span
• Trouble choosing the right words to say
• Lost sense of space and time

What Should I Do After a Car Accident?

Seeking treatment for your injury is essential after a car accident. You must visit your doctor or the emergency room after leaving the crash scene. Let a physician evaluate your injury to determine the type of treatment you need. If they recommend follow-up care, follow their instructions. Skipping appointments can negatively affect the outcome of your case. An insurance company might view your inconsistent or inadequate treatment as evidence that your injury isn’t serious or that you are responsible for making it worse. They can justify offering a much lower settlement than you need to cover your losses.

Saving records is critical. You should keep a copy of your billing statements, vehicle repair bills, hospital records, prescriptions, and other accident-related documents. Your records might be valuable evidence in proving the extent of your injury and other losses.

You should also hire an experienced car accident lawyer like the ones you’ll find at Truitt Law Offices. Although having legal representation isn’t mandatory to pursue a claim, it can expedite the process and strengthen your claim. Your attorney can handle the legal work for you, so you don’t have to worry about gathering evidence or talking to the insurance adjuster. Your only focus should be on trying to recover.

What Kind of Compensation Can I Pursue Through a Car Accident Lawsuit?

The compensation you recover through a car accident lawsuit can provide you with money for you:

• Accident-related medical expenses, such as ER visits, prescriptions, and rehabilitative care
• Lost wages
• Lower earning capacity
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Property damage

You might also recover punitive damages if your lawsuit goes to trial. This money is meant to punish the at-fault party for their egregious behavior rather than to compensate you for any specific loss.

What Is the Deadline for Filing a Car Accident Lawsuit in Indiana?

In Indiana, the statute of limitations allows a two-year timeframe to file a lawsuit for a car crash. That means you generally have two years from the date of the accident to file your lawsuit against the negligent driver or another party. While there are exceptions, filing after the deadline can make you ineligible to recover compensation.

Contact an Indiana Car Accident Lawyer

At Truitt Law Offices, we have been representing accident victims in Indiana for over 40 years. We can protect your rights and aggressively pursue the full compensation you deserve. You won’t be alone in the fight for justice.

Call or contact us online to get started with a free consultation with a car accident lawyer.

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What Should You Do After an Uber or Lyft Accident in Indiana?

If you were hurt in a crash with a Lyft or Uber vehicle, call 911 if you or someone else needs medical assistance and to report the crash. You should also obtain contact and insurance information from each driver involved in the accident. You should also report the accident to the rideshare company through their mobile application or website. Finally, reach out to a rideshare accident lawyer to help you pursue financial recovery for the losses you suffer.

Contact Truitt Law Offices for a free initial claim evaluation. You can discuss your legal rights and the next steps to take with an Uber/Lyft accident attorney from our firm.

What Are the Most Common Causes of Rideshare Accidents?

Rideshare drivers have numerous demands on their attention when they’re behind the wheel, including safely operating their vehicle, following navigation directions, managing ride requests, and interacting with passengers. Unfortunately, this can lead Uber and Lyft drivers to engage in careless behaviors such as:

• Speeding
• Reckless driving, including excessive speeding or swerving through traffic
• Aggressive driving or road rage
• Tailgating
• Double-parking or stopping in a traffic lane
• Failing to signal or check mirrors before turning or changing lanes
• Making unsafe or illegal turns
• Distracted driving
• Drowsy or fatigued driving
• Driving under the influence of alcohol or drugs

What Insurance Do Uber and Lyft Carry for Their Drivers?

In Indiana, Uber and Lyft provide insurance to cover their drivers while they’re driving for the platforms. The amount of insurance coverage varies depending on the circumstances at the time of the rideshare accident. These coverages include:

• When the driver has logged into the mobile application and does not have an active ride request: $50,000 per person/$100,000 per accident of bodily injury liability coverage, plus $25,000 per accident of property damage liability coverage
• When the driver has accepted a ride request or has a passenger in the vehicle: $1 million of combined liability coverage

If an Uber or Lyft driver gets into an accident while not logged into the mobile applications, their personal auto insurance coverage applies.

What Compensation Can I Recover in an Indiana Uber/Lyft Accident Lawsuit?

The financial recovery you can obtain after an Uber or Lyft accident in Indiana includes the following:

• Costs of repairs for your vehicle or reimbursement for the value of your totaled car
• Medical and rehabilitation expenses
• Costs of long-term care and support for permanent disabilities that result from your injuries
• Ongoing and future losses of income and loss of job benefits due to temporary or permanent disability from work
• Pain and suffering
• Loss of enjoyment and quality of life due to disabilities or permanent scarring and disfigurement

What Information Should I Gather at the Scene of a Rideshare Accident?

Information you need to collect at the scene of an accident involving an Uber or Lyft vehicle includes:

• The rideshare driver’s license and registration information
• Insurance, license, and registration information from other drivers involved in the accident
• Eyewitnesses’ contact information
• Accident scene photos and videos, including visible injuries you suffered, vehicle damage, skid marks, traffic controls, visual obstructions, and weather, lighting, traffic, and road conditions

After the accident, you should request a copy of the police accident report if law enforcement responds to the scene. You should also request any surveillance, traffic, or dashcam footage of the accident.

How Should I Handle a Phone Call with an Insurance Adjuster?

Here are some tips if you receive a call from an insurance adjuster representing the rideshare service:

• Give limited details – Keep your answers brief and to the point. Don’t speculate or exaggerate when describing what happened in the accident.
• Don’t admit fault – Refrain from taking responsibility for the accident or saying anything that may seem like an admission of fault, such as “I didn’t see the other car” or “I’m sorry.”
• Refuse to give a recorded or written statement – Adjusters have training and experience with asking questions designed to get you to say something the insurance company can later use as evidence against your claim.
• Don’t sign a medical records release – Insurance companies may want to comb through your entire medical history for any sign that your claimed injuries may have occurred due to a prior injury or pre-existing condition rather than the trauma of the accident. Watch out for seemingly ordinary questions like “How are you feeling?” If you respond, “I’m fine,” the insurance company may argue that you didn’t suffer severe injuries in the accident or that you have recovered from your injuries.
• Don’t accept the first settlement offer – You may not realize the extent of your injuries right after a rideshare accident. By accepting a quick settlement, you may recover far less than full compensation for all your losses from the Uber or Lyft accident.

Finally, keep your guard up when talking to an insurance adjuster. The adjuster may sound genuinely concerned about your health and any financial difficulties you have, but the adjuster’s sole focus is saving their employer money by finding reasons to minimize or deny your insurance claim.

How Long Do I Have to File an Uber or Lyft Accident Lawsuit in Indiana?

Under Indiana’s statute of limitations on injury lawsuits, you have two years to file suit after suffering an accident involving an Uber or Lyft. If you file your lawsuit after the statutory period expires on your Uber or Lyft accident claim, the court may permanently dismiss your case. Contact a rideshare accident attorney as soon as possible to ensure you don’t lose your right to pursue compensation in court by filing an untimely claim.

Contact an Indiana Uber/Lyft Accident Lawyer

Reach out to Truitt Law Offices today for a free, no-obligation consultation to speak with an Indiana Uber or Lyft accident lawyer. We can discuss your legal options for recovering compensation for the injuries or losses you sustained in a crash. Let our firm help guide you through the claims process and advise you on the steps you need to take to get compensation after a Lyft or Uber accident in Indiana.

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What Should I Do If I Am Involved in a Hit and Run Accident in Indiana?

If you get hurt in a hit-and-run car accident in Indiana, call 911. Next, write down anything you remember about the other motorist and their vehicle. Information such as a license plate number, the make and model of the car, and the driver’s appearance might help police to locate the driver. After you have sought medical treatment, make sure to consult with an experienced car accident lawyer as early as possible.

How Common Are Hit and Run Accidents?

According to the National Highway Traffic Safety Administration, approximately 682,000 hit-and-run accidents occur annually. In one recent year, 737,100 hit-and-runs occurred.

A driver might leave the crash scene because they fear getting into trouble. The most common reasons for hit-and-run accidents include:

• Lack of insurance — According to the Insurance Information Institute, nearly 16 percent of Indiana motorists lack legally mandated insurance. A driver might flee an accident scene to avoid a traffic citation for driving without insurance.
• Outstanding warrant — If there is an outstanding warrant for a driver’s arrest, fleeing the scene might seem better than getting arrested. Some drivers take their chances and drive off before law enforcement arrives.
• Driving under the influence — It is illegal to operate a vehicle while intoxicated by alcohol or drugs. An impaired driver may leave the scene to avoid criminal charges.
• Lack of license — Driving without a valid driver’s license is also a crime in Indiana. Car crashes often involve police investigations. Fleeing might seem more appealing than remaining at the scene to avoid civil or criminal penalties.

Are You Required to Stay at the Scene and Render Aid After an Accident?

Yes. According to the Indiana Code of Motor Vehicles, any motor vehicle driver involved in an accident must:

• Stop the car immediately at the accident scene or as close to the scene as possible to avoid obstructing traffic.
• Remain at the scene until providing their name, address, and motor vehicle registration number to anyone involved in the crash.
• Show a driver’s license to anyone involved in the collision or attending to a car involved in the accident.

If the car wreck leads to someone’s injury or death, the motor vehicle driver must also:

• Provide anyone injured or entrapped by the crash with reasonable assistance as directed by medical personnel, law enforcement, or a 911 operator.
• Provide immediate notice of the accident as soon as possible or ensure someone else gives notice of the accident to a 911 operator, county sheriff’s office or nearest state police post, or the local police department, whichever is fastest.

Are There Criminal Penalties for Fleeing the Scene?

Yes. It is a crime to flee the scene of a car crash. The penalties outlined in the Indiana Code of Motor Vehicles depend on the circumstances of the accident.

Leaving the scene of a car accident is a Class B misdemeanor, punishable by no more than 180 days in jail and a fine of up to $1,000. The offense increases to more serious penalties if specific factors apply, such as:

• Bodily injury — A hit and run resulting in someone’s bodily injury can lead to a Class A misdemeanor charge. Sentencing can include a maximum of a $5,000 fine and up to one year in jail.
• Moderate or serious bodily injury — If a hit-and-run causes another person’s moderate or serious bodily injury, the offense is a Level 6 felony. It can lead to six months to two and a half years in prison and up to a $10,000 fine.
• Death — A hit-and-run accident causing someone’s death is a Level 4 felony. Penalties can include up to a $10,000 fine and between two to 12 years in prison.

Will Insurance Cover Me After a Hit and Run?

Seeking compensation for your injury after a hit-and-run is challenging if you cannot locate the driver. However, you may have options such as:

• Uninsured motorist (UM) — This coverage pays for accident-related expenses when the at-fault driver lacks the required liability coverage or flees the scene of a crash. It is not mandatory coverage in Indiana. So, you must review your policy to determine if you have it.
• Medical Payments (MedPay) — This insurance is another optional form of coverage. It is immediately available after a crash, regardless of who is at fault. It can cover medical expenses, such as doctor’s appointments, diagnostic testing, hospital stays, and prescriptions.
• Collision insurance — Pays for vehicle damage regardless of who is to blame.

What Should I Do After a Hit-and-Run Accident?

Taking the following steps after a hit-and-run accident can help to protect your health and safeguard your rights:

• Immediately notify the police — Call 911 to report the crash. Provide as many details as possible about the driver’s appearance, car, and anything else you can remember.
• Collect evidence at the accident scene — If your injury isn’t too severe and it’s safe to walk around, collect evidence at the scene. Take pictures of damage, road debris, and anything else you see that might help your case.
• Speak to witnesses — Talk to bystanders who saw the crash. Ask for their names and phone numbers. They might give a statement to the investigating officer or insurance company or testify if your case goes to trial.
• Seek medical attention — Go to the emergency room for an examination, even if your injury doesn’t seem serious. A doctor can diagnose you and might recommend follow-up care. Continue to treat your injury regularly until your medical providers release you from their care.

Our Indiana Hit-and-Run Accident Lawyers Want to Help You

At Truitt Law Offices, we have more than 40 years of experience fighting for the rights of injured motorists in Fort Wayne and throughout Indiana. We will treat you as a priority and provide the quality representation you deserve. You can always count on our team to work hard for you and work tirelessly to recover all compensation you are due. Contact us today for a free consultation with our Indiana car accident lawyers.

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Proving Negligence in an Indiana Car Accident

If you were injured in a car accident at little to no fault of your own, the best thing to do after seeking medical attention is consult with an experienced personal injury attorney. Your lawyer will make sure you know your legal rights and options. They will also conduct an independent investigation of the accident to determine fault. Normally, this involves proving that someone’s negligence caused your injuries.

The legal team at Truitt Law Offices is ready to answer any questions you may have and get you started on the road toward compensation. We have decades of experience helping injury victims throughout Indiana secure the full and fair compensation they deserve. Contact us today to schedule a free, no-obligation consultation with a skilled Indiana injury attorney.

How Common Are Car Accidents in Indiana?

Car accidents are a common occurrence throughout the state and country. According to the Insurance Institute for Highway Safety (IIHS), there were 35,766 fatal auto accidents nationwide in one recent year, resulting in 38,824 deaths. Further, according to a study published by the Indiana Public Policy Institute, 896 people were killed in traffic accidents in Indiana in that same year. Another 38,913 were injured.

What Are the Most Common Causes of Car Accidents?

Most car accidents are entirely preventable. The Indiana Public Policy Institute further reports that some sort of driver-related factor was the primary cause underlying 85 percent of all collisions and 96 percent of fatal collisions in the state. Specifically, driver error or negligence accounted for 63 percent of all collisions. The top causes of auto accidents in the state broke down as follows:

Top Causes	Number of Accidents
Failure to yield right of way	27,418
Following too closely	25,771
Ran off road	15,784
Unsafe backing	15,196
Unsafe lane movement	9,588
Disregard signal/regulatory sign	7,045
Improper turning	6,394
Distracted driving	5,614
Speed too fast for weather conditions	4,858
Improper lane usage	4,464
Unsafe speed	4,346
Left of center	3,023
Overcorrecting/oversteering	2,503
Improper passing	1,832
Fatigued driving	1,266
Wrong way on one way	229

What Is Negligence?

To secure compensation for injuries and losses sustained in a car accident, you must first prove fault. In most cases, this is done by showing that someone was negligent. We all have a legal duty to take reasonable precautions to avoid harming others through our actions. Negligence is simply the failure to uphold this duty. When this the failure results in an accident, the at-fault party will be responsible for compensating injured victims.

What Is Negligence Per Se?

Injured parties may also secure compensation by proving negligence per se, which arises when someone violates a law or regulation put in place to keep others safe. Because this doctrine reflects the implicit duty we all have to obey the law, plaintiffs injured in an accident can recover compensation simply by showing that the accident was caused by a violation.

Negligence per se is a powerful legal doctrine in the hands of plaintiffs injured in car accidents. This is because there are numerous laws in place meant to keep roads safe. Easy examples include laws against running red lights, driving while intoxicated, and not using your signals when switching lanes. A violation of any one of these laws may result in negligence per se when it causes an injurious accident.

What Evidence Can Be Used to Prove Fault in a Car Accident?

No matter which legal theory your case rests on, you will need enough evidence to prove the at-fault party’s liability by a preponderance of the evidence. This simply means proving that the defendant was more likely than not responsible for the accident and your injuries. Your attorney will draw on all sorts of evidence to satisfy this standard, including things like:

• Police accident reports
• Photos and videos of the crash site
• Footage from traffic and surveillance cameras
• Testimony from eyewitnesses
• Testimony from accident reconstruction specialists, traffic engineers, doctors, and other experts
• Cellphone, GPS, and traffic signal logs
• Medical treatment records

What If I Am Partially at Fault for the Car Accident?

If you are partly responsible for the cause of an accident in which you were injured, courts will evaluate your comparative negligence. That is, it will weigh your contribution to the cause of the accident against that of other involved parties. If you contributed less than 50 percent, you would still be eligible to receive compensation for your injuries and losses from other parties.

Importantly, the compensation you receive will be reduced proportionately to your degree of fault beneath 50 percent. For example, if you suffered $100,000 in damages but contributed 30 percent to the cause of the accident, your compensation will be reduced to $70,000. Further, if you contributed more than 50 percent, you will be barred from recovering any compensation.

This may all seem straightforward. However, reducing fault in an accident to a percentage can be tricky and requires a close look at the evidence. Of course, to avoid paying you compensation, other drivers involved will strive to show that you were more culpable than them. Therefore, it is important to have an experienced attorney who can push back against any foul play.

What Is the Deadline for Filing an Indiana Car Accident Lawsuit?

Personal injury cases are governed by a law known as the statute of limitations, which sets a deadline after which you may no longer file your case. The deadline spares potential defendants from living under an endless threat of litigation, courts from being inundated by years-old cases, and juries from making difficult decisions after evidence has deteriorated or disappeared with the passage of time.

In Indiana, the deadline for filing a lawsuit is normally set at two years after the date of the accident. This deadline is strictly enforced by courts. Though there are a few very limited exceptions to the rule, it is best to consult with an attorney before relying on them.

Remember that missing the two-year deadline will have a devastating effect on your right to seek compensation from the at-fault party. Not only will this destroy your right to seek compensation in court, but you will also give the at-fault party and their insurers the upper hand during out-of-court settlement talks. When they realize that you no longer wield the threat of a lawsuit to pressure them for a higher settlement, they will have no incentive to negotiate fairly.

Contact an Indiana Car Accident Lawyer

Depending on the case, proving negligence in a car accident case can be straightforward or quite tricky. Either way, you should consult with an experienced attorney to make sure you know your rights and that no stones are left unturned. Truitt Law Offices is ready to help. Contact us today to schedule a free, no-obligation consultation with an experienced Indiana injury lawyer.

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What Is the Value of My Indiana Car Accident Claim?

If you were injured in a car accident in Indiana that was not your fault, you are likely wondering how much compensation you may receive through an auto accident lawsuit. This page explains some key factors and legal doctrines that may come into play when determining the value of your claim. For a more in-depth look at the potential value of your case, do not hesitate to consult with one of the experienced personal injury lawyers at Truitt Law Offices. We are ready to evaluate your case in a free, no-obligation consultation.

What Factors Go into Determining the Value of a Car Accident Claim?

Before proceeding, it is important to realize that no one can truly predict the precise amount of money you may ultimately receive through a car accident claim. That is because there are no guarantees of what a jury may award if a case goes to trial.

That said, our attorneys can evaluate your case and give you a good sense of whether you have a strong claim or not. They will do so by considering the many factors that go into determining the value of a car accident claim. Some of the most prominent factors include:

• Injury severity and duration – The severity and duration of your injuries will heavily impact the value of your accident claim. Severe injuries may require emergency room care, surgery, and weeks or months of rehabilitative care, all of which can be very expensive. Therefore, if you suffered severe injuries that require extensive and long-term medical care, you likely have more compensable losses than someone who suffered superficial cuts and bruises.
• Impact on your work – If your injuries prevent you from working for several weeks or months, you may expect more compensation than if your income wasn’t significantly impacted by the accident. Further, if your injuries result in a long-term disability that prevents you from working in the future, you may receive compensation for your lowered future earnings.
• Impact on your quality of life – In addition to physical suffering, car accident victims can also suffer enormous psychological pain due to their injuries. In Indiana, injured plaintiffs can seek compensation for both kinds of suffering, as well as for things like permanent scarring/disfigurement and generally lowered quality of life.

What Kinds of Compensation May Be Available After a Car Accident?

The person responsible for a car accident may be ordered by a court to pay injured victims a wide variety of compensation. This compensation comes in three broad categories introduced here.

• Compensatory damages – As the name indicates, this form of damages is specifically awarded as compensation for personal injury victims. It is by far the most common form of damages awarded in car accident cases and can be broken down into two subtypes: economic and noneconomic.

Economic damages compensate victims for losses that can be easily reduced to a dollar value. Examples of things compensable through economic damages include medical bills, lost wages, and property repairs.

By contrast, noneconomic damages compensate victims for losses that are harder to quantify because they are unique to the emotional and physical experience of the victim. Examples of things compensable through noneconomic damages include pain and suffering, physical impairment, emotional distress, mental anguish, and lowered quality of life.

• Punitive damages – Unlike compensatory damages, which are meant to reimburse plaintiffs for their injuries and losses, punitive damages are meant to punish at-fault defendants in cases involving particularly egregious actions that gave rise to an accident. Punitive damages are also meant to deter similar behavior in the future.

Courts are normally reluctant to award punitive damages, which are capped at three times the amount of compensatory damages awarded or at $50,000, whichever is greater. That said, in qualifying cases, the value punitive damages may add to a claim should not be underestimated.

• Restitution – Unlike compensatory and punitive damages, which are awarded in civil cases, restitution is awarded to crime victims once a criminal prosecution is complete and the defendant receives their sentence. For example, in a case involving a defendant accused of drunk driving, victims may receive restitution as part of the defendant’s criminal punishment and in addition to damages awarded to the plaintiff through a civil personal injury claim.

Can My Compensation Be Affected If I Am Partially at Fault?

Yes, under Indiana’s contributory negligence statute, you may receive compensation for injuries and losses sustained in an accident so long as you did not contribute more than 50 percent to the cause. However, your compensation will be reduced in proportion to your share of fault below that amount. For example, suppose you are found to be 15 percent at fault for an accident in which you suffered $100,000 in losses. In this scenario, your damages would reduce to $85,000.

Is There a Time Limit for Filing a Car Accident Claim in Indiana?

Yes. In most cases, Indiana law sets a two-year deadline for filing a personal injury lawsuit after a car accident. The countdown starts on the day the accident occurred, and cases filed after the deadline passes are nearly always dismissed in court. Two years might seem like a long time, but do not wait. Car accident claims take time to prepare. The more complex the case, the more time may be needed.

Further, in addition to destroying your right to seek compensation in court, a late filing will also destroy your bargaining power when negotiating an out-of-court settlement with the at-fault party and their insurers. When they realize that you cannot sue because you missed the deadline, there will be little to stop them from making their lowest offer or denying your claim altogether.

Contact an Indiana Car Accident Lawyer

If you were injured in an Indiana car accident, the lawyers at Truitt Law Offices are ready to help you understand your rights, evaluate your case, determine all sources of compensation, and pursue them aggressively on your behalf. With over 40 decades of experience helping injury victims throughout Indiana secure the full and fair compensation they deserve, we are ready to do the same for you. Contact us today to schedule a free, no-obligation case review with a skilled Indiana personal injury attorney.

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Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident?

Soon after you have been involved in a car accident, you may be contacted by your insurance company or the other driver’s insurer to ask you to provide a recorded statement about the accident and your injuries. You may ask yourself, “Should I give a recorded statement to the insurance company?”

Ideally, you should not agree to provide a recorded statement to an insurance company after a car accident in Indiana. This is especially true if you have not consulted with a lawyer first. Instead, you should let your car accident attorney handle any communications with insurers on your behalf and provide them with the documents and information that the insurer needs to investigate and process your claim.

Am I Required to Give a Recorded Statement to Insurers?

Your obligation to provide a recorded statement after a car accident will depend on the insurer that asks you for it. If you are contacted by the other driver’s insurance company for a recorded statement, you have no obligation to comply. You should decline to provide a statement if asked.

However, your auto insurance policy may have a clause that obligates you to cooperate with your insurer in their investigation of your claim. This may include providing a statement if your insurer requests one.

If you refuse to cooperate with your insurer’s investigation, the insurer may deny you coverage under the terms of your policy. Regardless, even if you are contractually required to provide your insurance company with a recorded statement, you should ask your insurer to wait until you have had a chance to consult first with a car accident attorney.

Why Do Insurers Ask for Recorded Statements?

Insurers want recorded statements from the drivers and passengers involved in a car accident for several reasons. First, having statements from all the individuals involved in the crash may give the insurance company better insight into what happened and who may have caused it. But insurers sometimes ask for recorded statements because they hope a claimant may provide the information they can use to minimize or deny their claim. Specifically, they’re looking for comments like:

• An outright admission of fault for the accident.
• An implied admission of fault, such as, “I didn’t see the other car,” or even just a sympathetic apology for the accident.
• Inconsistencies with prior statements or claims that you have made.
• Anything that minimizes the severity of injuries, such as answering, “I’m fine,” in response to the question, “How are you doing?”
• Personal information, such as admitting pre-existing injuries or health conditions that might have caused you to become fatigued, drowsy, or distracted behind the wheel.

What Should I Say When Asked for a Recorded Statement?

If you are required or choose to give a recorded statement to the insurance company, remember these tips so you do not say anything that might jeopardize your rights:

• Do not admit fault or say anything that might be construed as an admission of fault.
• Provide direct, succinct answers to the adjuster’s questions. Do not offer any information not directly relevant to the question or keep talking just to fill a pause in the conversation.
• Do not guess. If you do not know the answer to a question, you can say so.
• Always ask for clarification if you think you may not have understood the question. Assuming you understood the questions might lead you to volunteer information you should not have.
• Ask the adjuster to refrain from making an audio or video recording of your conversation.

How Might an Insurance Adjuster Try to Catch Me Off Guard?

Adjusters are trained to ask claimants questions in such a way as to induce a claimant into saying something the insurer can use to deny or minimize their claim. Some of the tactics that adjusters may use to catch you off guard during a recorded statement include:

• Taking long pauses between questions, hoping that an uncomfortable silence will make you keep talking.

Asking you how you are doing at the beginning of the conversation. If you instinctively answer with, “I’m fine,” or, “I’m doing well,” the insurer may argue that you were not seriously injured in the accident.

• Asking you the same question or variations on the same question multiple times throughout the interview. If you give conflicting answers, the insurance company may find your claim not credible.
• Pushing you to agree to facts you believe might not be accurate or accusing you of not providing the whole truth.
• Taking a sympathetic, friendly tone with you to lull you into thinking that the adjuster wants to help you.

What Happens When Insurers Engage in Bad Faith?

Sometimes, insurers in Indiana stoop to bad-faith tactics when requesting a recorded statement from a car accident victim, including failing to pay a claim when there is no legitimate basis for denying liability. This may include misrepresenting policy language to convince a claimant that they must provide a statement or provide more information than they are required to by law.

Claimants can sue insurers that engage in these bad faith practices. If successful, a lawsuit can provide the claimant with the money they should have gotten under the terms of their policy and additional damages, depending on the circumstances.

What Duties Do I Owe My Own Insurer?

Your insurance policy may impose a contractual duty for you to cooperate with your insurer’s investigation of the accident. This duty may include providing documentation your insurer asks for and a statement about the accident. But there are ways to cooperate without putting your interests at risk. These options include consulting with a car accident attorney or providing a written statement rather than undergoing an interview with an adjuster.

How Can an Indiana Car Accident Lawyer Help Me?

When you work with an experienced Indiana car accident attorney at Truitt Law Offices, we can alleviate the stress that comes from dealing with insurance companies after a crash by taking steps such as:

• Handling all communications with the insurance company on your behalf so that adjusters contact your lawyer instead of you.
• Advising you of your potential obligations to provide a statement to the insurance company and whether you should agree to provide it.
• Preparing you for what to expect if you speak to an insurance adjuster.
• Negotiating with the insurance company for you to provide your statement in an easier format, such as in writing or by filing out a questionnaire, instead of providing an oral statement.

If you have more questions about giving a statement to the insurance company after being involved in a car accident, contact Truitt Law Offices today for a free, no-obligation consultation. We can help you to better understand your legal rights and go over what to expect while pursuing an insurance claim in Indiana.

The post Should I Give a Recorded Statement to the Insurance Company After an Indiana Car Accident? appeared first on Truitt Law Offices.

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Do I Need an Attorney for My Indiana Car Accident Claim?

The legal aftermath of a car accident can be complex. Strictly speaking, you do not have to seek help from a personal injury attorney. Practically speaking, however, the odds of securing full and fair compensation for your injuries and losses from the at-fault party increase significantly if you do.

An attorney can help you by gathering evidence, investigating the law, negotiating with insurers, filing a lawsuit, arguing on your behalf in court, and helping you avoid pitfalls along the way. Further, our free initial consultations mean there is little downside to having one of our attorneys evaluate your case. Call Truitt Law Offices today to make sure you get started on the right foot down the road toward maximum compensation.

What Does a Personal Injury Attorney Do?

All attorneys are obligated to pursue and protect the best interests of their clients. In a personal injury case, this means helping clients secure the financial compensation they are entitled to for their injuries and losses, either at the negotiation table with the at-fault party or in court. It also means using their legal training and experience to avoid the many obstacles along the way.

• Make Sure You Know Your Rights and Options

Among the primary responsibilities of any lawyer is to make sure their clients are well informed about their legal rights and options. There is a reason lawyers are sometimes referred to as “legal counsel.” Ultimately, clients have the final say about things like accepting a settlement offer or taking their case to trial. However,  attorneys are responsible for making sure they can make an informed decision.

• Investigate the Law and Evidence in Your Case

Of course, your lawyer will use their legal training and experience to investigate the governing law, as well the terms of any controlling insurance policies. They will then gather evidence to build your case, including things like police accident reports, footage from the scene, witness statements, and medical treatment/billing records. All of this will be used to prove fault and the extent of your losses, which will then be used to calculate the amount of compensation you deserve.

• Negotiate an Insurance Settlement

Most personal injury cases never reach court. Instead, they are resolved in out-of-court settlement negotiations with the at-fault driver and their insurers. Of course, the other side wants to pay as little money as possible. Therefore, during settlement negotiations, they will try their hardest to minimize the extent and severity of your injuries. Your attorney’s job is to push back using the information gathered in step two.

• Prepare Your Case for Court

Though most cases never reach trial, some do. Going to court is a big decision. Because it can be costly and time-consuming, only cases with a good chance of securing a significant judgment will get this far.

Ultimately, each client makes the decision for themselves, but their attorney should make sure they have a good grasp of what is at stake. If you decide to go, your attorney will guide your case through the highly formal process and argue on your behalf before a judge and/or jury.

• Help You Avoid Making Easy Mistakes

The road toward compensation is full of challenges. Your attorney will be your closest ally and help you navigate the winding path. Among other things, they will help protect you against unscrupulous insurers.

Unlike your attorney, insurers will always put their bottom line before your best interests. Do not make the mistake of trusting them. If an adjuster calls before you secure representation, do not (1) admit fault, (2) provide a recorded statement, (3) sign a medical record release, or (4) accept their first settlement offer.

What Compensation is Available in a Personal Injury Lawsuit?

If you were injured in an auto accident at little to no fault of your own, you might be entitled to a wide range of compensation from the at-fault party. In most personal injury cases, compensation comes in the form of economic and non-economic damages, collectively known as compensatory damages. In rarer cases involving extremely irresponsible behavior from the at-fault party, you may also be entitled to punitive damages.

• Economic Damages

As the name suggests, economic damages are meant to compensate for losses that can be easily translated into dollars and cents. This form of damages is calculated by simply adding up things like medical bills, lost wages, repair estimates, and replacement costs. However, in the event your injuries leave you will permanent or long-term disabilities, things may get a bit trickier when calculating the value of your lowered earning capacity.

• Non-economic Damages

By contrast, non-economic damages are meant to compensate for intangible losses that do not boil down as easily to a fixed price tag due to their more subjective nature. This category includes things like pain, suffering, emotional distress, lowered quality of life, and loss of consortium.

Non-economic damages should not be underestimated, as they can significantly raise the total compensation you receive in your case. However, because each individual is likely to place a different value on these kinds of losses, it is very important to have a compassionate attorney who understands the true extent of your loss and who can compellingly communicate it to a jury.

Notably, though many states place a limit on the amount of non-economic damages injury victims may receive, Indiana generally does not. An exception exists when your case is brought against the state.

• Punitive Damages

Finally, punitive damages may be available in cases involving extremely irresponsible or otherwise reprehensible behavior. This form of damages is not awarded as compensation but rather as punishment for the at-fault party. Courts are normally reluctant to allow punitive damages due to their severe nature. When awarded, they are capped at three times the amount of your compensatory damages or at $50,000, whichever is higher.

When Should I Speak to a Personal Injury Attorney?

Personal injury cases are governed by a law known as the statute of limitations, which sets a deadline after which you may no longer file your case in court seeking compensation from the at-fault party. In Indiana, the deadline is set at two years after the date of the accident. There are several reasons missing this deadline can seriously compromise your case.

First, the longer you wait after an accident, the more time there is for evidence to deteriorate or disappear, as well as for witnesses’ memories to fade. Second, failure to file your case before the deadline passes nearly always results in your case being dismissed in court. Third, losing the ability to sue in court will simultaneously destroy your bargaining power when negotiating an out-of-court settlement with the at-fault party and their insurers.

The best way to avoid all three consequences is simply by having an experienced attorney review your case as soon as possible after your car accident. Our legal team is ready to evaluate and handle your case from start to finish. Call us today.

Speak to an Experienced Car Accident Lawyer

In closing, consulting with a personal injury attorney is not strictly required after being injured in an accident. That said, doing so will help ensure that you are well informed about your rights and avoid costly mistakes on the road to full and fair compensation for your injuries.

At Truitt Law Offices, we have over 40 years of experience representing car accident victims throughout Indiana. We have the skill and resources to help you too. Call us today for a free consultation with an experienced personal injury attorney near you. You pay nothing unless we win your case.

The post Do I Need an Attorney for My Indiana Car Accident Claim? appeared first on Truitt Law Offices.

from Truitt Law Offices https://www.truittlawoffices.com/blog/do-i-need-an-attorney/
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