Following a shocking car accident in Fort Wayne, it is common to feel stressed and overwhelmed. People often forget the basic steps they are expected to follow in such situations. First things first, call 911. Check if someone needs medical attention, and wait for the law enforcement authorities to arrive. If your injuries are not that severe, gather photographic and video evidence from the accident site and get contact details of other drivers, witnesses, and pedestrians involved. Depending on your circumstances, you may have to call a car accident attorney Fort Wayne. Like other states, Indiana has its own car accident laws. Here is an overview for your help.
The statute of limitations
The statute of limitations sets the deadline for filing personal injury lawsuits after a car accident. In Indiana, you have two years to file such lawsuits, counting from the date of accident. If the accident resulted in death, the deceased family has two years to file a wrongful death lawsuit. Note that the statute of limitations doesn’t apply to insurance claims. You must contact your insurance company and notify them within a reasonable time.
The modified comparative negligence rule
Indiana follows what is known as the modified comparative negligence rule. If someone had part share of fault but has also suffered injuries in a car accident, they can still file for compensation. However, the awarded compensation will be reduced by their share of fault in percentage. If you have 20% fault, for instance, but were awarded $50,000 in compensation, you will only get $40,000 as the final settlement. Under the modified comparative negligence rule, you cannot ask for compensation, if you are more than 50% at fault.
When do you need an accident attorney?
Ideally, you must consult an accident attorney, soon after your accident, because Indiana is an at-fault state. Even if you had only a minor role in causing the accident, the at-fault party’s insurance company will try to pin the blame on you. Claims are often denied for flimsy reasons, and whatever the claims adjuster offers is usually less than what the person deserves. Hire and accident attorney, so that they can deal with the negotiations and complications related to your insurance claim. If needed, they can file a personal injury lawsuit, to recover a fair compensation for your suffering.
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