Fort Wayne Car Accident Lawyer

Car Accident Attorneys In Fort Wayne

Car accidents can be extremely traumatizing events. This is especially true when a crash results from someone else’s negligence and carelessness. Many victims of serious car accidents do not know what to do — or where they should turn next.

car crash

That is where the experienced legal team at Blackburn Romey can help. 

Our skilled Fort Wayne, IN car accident lawyers understand the inconvenience, suffering, and pain that often come with car accident injuries. Our legal team can meet with you to discuss your case and the best way to move it forward. We could then file a personal injury claim with the appropriate insurance company on your behalf and work to recover the compensation you deserve.

The sooner you involve a car accident lawyer, the better off you and your case will be. For more information about how we could assist you, please call us right away at 833-264-0903 or contact us online to learn more.

 

 

How a Car Accident Lawyer Can Help You After Your Accident

The right car accident lawyer can make a world of difference for your monetary recovery following a car accident. It is important to receive compensation for sudden and unexpected medical bills as well as pain and suffering in order to relieve your financial stress and focus solely on your recovery.

There are several ways that a Fort Wayne car accident attorney might be able to assist after your crash.

  • First of all, we could help you get your car repaired – or obtain a replacement vehicle – if your vehicle suffered damage in the accident.
  • If the insurance company is disputing how the collision happened, we could begin an immediate investigation.
  • We could retain the services of an expert accident reconstructionist who can piece together exactly what happened.
  • We could also retain a medical expert to causally connect your injuries to the collision.
  • Even while you complete your medical treatment, we can begin handling the legal aspects of your case. First of all, we can request medical records, medical bills, lost wage statements from your employer, and other documents from the necessary parties.
  • After you finish your treatment, we can assemble all of this information into a settlement demand package and send it to the insurance company adjuster.
  • We can then negotiate the claim with the adjuster. If the insurance company refuses to compensate you adequately, we can file a lawsuit and litigate your personal injury case in court.
  • Even after filing suit, we can continue our settlement negotiations with the insurance company and work to ensure that you receive the compensation you deserve.

Why Choose Us

We know you have many options when selecting a personal injury attorney, but many people rely on our firm to represent their rights.

Experience

Our team has combined decades of experience handling all types of injury cases, both with insurance companies and in civil court. We bring all that we know about injury law to the table in each and every case.

Results

We have many satisfied clients who were able to move forward with their lives in a better financial position following a serious accident and injuries. We can discuss our past results with you during your free consultation.

Service

We are dedicated to our clients and communities in Indiana. Our goal is to provide comprehensive and compassionate legal services to injured and grieving individuals. We work hard to obtain the money you need so you can focus on recovery instead of worrying about medical bills, insurance claims, or lawsuits.

Recoverable Damages in Car Accident Cases

Victims of Indianapolis car accidents can find themselves seriously injured and damaged. In addition to recovering monetary compensation for your doctor visits, medical procedures, and lost earnings, we could help you recover monetary damages for your:

  • Physical pain and suffering
  • Loss of earning capacity
  • Permanent disability
  • Loss of life enjoyment
  • Loss of spousal companionship and family support
  • Loss of the ability to use a body part
  • Emotional distress

How Much Should I Expect to Get for My Case?

We cannot give you an estimate until we have discussed the specifics of your case with you. However, other damages may be recoverable, including pain and suffering, medical bills, lost wages, and loss of future compensation. It would be our pleasure to speak with you and let you know if we can help without cost to you.

 

How Expensive A Car Accident Lawyer Is?

Car Accident Lawyers work on a contingency fee basis. This means they don’t charge a single dollar until you’ve won. However, this fee may vary from lawyer to lawyer and it’s important to take your case to a law firm you know will be charged a fair percentage and no more.

 

 

Types of Car Accidents We Can Help With

When drivers and others are negligent, several types of car crashes can happen.

Rear-end Accident

One of the most common is a rear-end accident. In this type of crash, the front of one vehicle strikes the rear of another. These crashes often lead to soft tissue whiplash injuries resulting from the impact force. The collision might also cause the accident victim’s body to strike something in their vehicle, like the steering wheel, headrest, window, or door frame, leading to a serious injury.

Head-on Collision

Another common accident is a head-on collision. In a head-on crash, the fronts of two vehicles that are moving in opposite directions strike one another. In the moments before impact, a distracted or intoxicated motor vehicle operator might cause their vehicle to veer across the median strip or center line on a dual-lane highway. These crashes are also the most likely to cause a fatality. 

Sideswipe Collisions

Sideswipe collisions happen when the sides of two vehicles strike one another, usually on a busy highway. In a sideswipe accident, both vehicles are moving in the same direction. These crashes typically happen when a distracted driver negligently veers over into another travel lane.

T-bone Accidents

Finally, T-bone accidents, or broadside collisions, are common at traffic intersections where a vehicle fails to yield the right-of-way. For example, the driver might be in a hurry to get through a yellow traffic light, negligently striking the side of a vehicle traveling on the intersecting roadway.

 

If you have suffered injuries in one of these accidents, the skilled team of Indianapolis, IN, car accident lawyers at Blackburn Romey are here to help. Our legal team can investigate the cause of your accident and file the appropriate claim or lawsuit against the at-fault party.

 

Steps You Should Take after a Car Crash in Fort Wayne

If you have suffered injuries in a Fort Wayne car crash, there are several important steps that you should take as soon as possible.

  • First, you should call 9-1-1 and get prompt medical attention. You should seek this treatment at a local hospital emergency room or urgent care center. The healthcare provider on duty there can order the necessary tests, including MRIs and x-rays, to determine your condition. 
  • Failing to seek same-day medical treatment can be problematic for your personal injury case, and the insurance company might later claim that your injuries were unrelated to the crash – or that you ‘invented’ them. Moreover, if the ER doctor recommends additional medical treatment, you should follow up with the necessary providers and refrain from lengthy gaps in your treatment.
  • In addition to seeking same-day medical treatment after your collision, you should gather various pieces of evidence. First, you should take photographs of any property damage at the accident scene, as well as photographs of your injuries, including cuts, lacerations, and bruises. You should also save any medical bill receipts that you receive, as well as prescription documentation from your healthcare provider.
  • If you call 9-1-1 at the accident scene, a police officer will arrive. You should ask the officer to prepare a report, and you should obtain a copy of it online. Police reports can become extremely important if the at-fault driver’s insurance company later disputes responsibility for the crash. A police report will typically contain a narrative description of how the collision occurred, who was responsible, and whether or not the other driver received a citation.
  • You should also keep a journal in which you write down what happened in the crash and discuss your medical treatment and how you are feeling each day.

inforgraphic about What to do after a car accident

 

Why do Car Crashes Occur?

Car crashes happen for a variety of reasons. Most of the time, these accidents happen because of driver negligence. A negligent driver is one who acts unreasonably under the circumstances. Some of the most common types of negligent driving include failing to yield the right-of-way at the appropriate time – such as at an intersection – and exceeding the speed limit. Driver negligence also includes tailgating other vehicles and engaging in other types of aggressive driving.

Other parties besides negligent drivers can cause a crash. When a negligent driver operates their vehicle while they are on the job and while working within the scope of employment, their employer could share in some of the responsibility for any accident that occurs. Moreover, if a car accident results from negligent repair work, the accident victim could name the repair facility in the claim or lawsuit. Finally, bars, restaurants, and social hosts can be responsible for a car accident if they served alcoholic beverages to a clearly intoxicated individual — or one who was underage. 

Negligence that Leads to Indianapolis Car Accidents

Many Indianapolis car crashes happen because of driver negligence, including violating rules of the road, engaging in distracted driving, and intoxicated motor vehicle operations.

  • Violating Indiana road rules — When drivers carelessly violate the rules of the road, they increase their chances of causing a car accident. Some of the most common road rule violations that lead to traffic accidents include tailgating and other forms of aggressive driving, speeding, failing to yield the right-of-way, and failing to use a turn signal.
  • Distracted driving — A motor vehicle operator is distracted when they fail to pay attention to the road. Something in the vehicle might distract them from their driving, such as loud music in the car or a small child who is misbehaving in the back seat. Other common vehicle distractions include electronic devices, like tablets, navigation systems, and cellular devices (programming a GPS device, trying to send a text message instead of watching the road, etc.)
  • Intoxicated driving — A motor vehicle operator with a blood alcohol concentration (BAC) of 0.08 percent or more is legally intoxicated. Alcohol can significantly impair a driver’s ability to operate their vehicle safely. Specifically, it slows down brain functioning and impairs a driver’s reaction time, preventing them from stopping quickly.

If you have suffered injuries in a car accident that resulted from someone else’s negligence, you have legal options available. Our legal team can help you assess those options and decide on the best way to recover monetary compensation in your case. In some instances, that might mean settling the case out of court, while at other times, it might mean taking your case to a jury trial, mediation conference, or binding arbitration hearing.

 

In some cases, car crashes do not result from negligent driving but from some other form of negligence. For example, a repair facility might perform work on the vehicle in a negligent manner, leading to an accident. Alternatively, a vehicle part – such as a steering or braking mechanism – might be defective, causing the vehicle to malfunction on the road.

 

 

Do Car Accidents Have a Statute of Limitations?

Within two years of the date of the accident

In Indiana, there is a statute of limitations on all personal injury cases, including car accidents. A lawsuit must be filed within two years of the date of the accident or two years from the date of death in wrongful death cases. There can, however, be complications depending on the specific circumstances of your accident. 

It varies from case to case, but some deadlines may be as short as 180 days after the accident. A skilled attorney can help you avoid missing your window of opportunity to seek compensation.

 

Contact a Fort Wayne, IN Car Accident Lawyer Today 

The skilled personal injury lawyers in Fort Wayne at Blackburn Romey are here to assist you at every stage of your car accident case. For a free case evaluation and legal consultation with a skilled Fort Wayne, IN car accident attorney, please call us at 833-264-0903 or contact us online today.

 

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Frequently Asked Questions

In most circumstances, the Indiana Statute of Limitations to file a personal injury claim is two years from the date of injury. There are possible exceptions to the general Indiana statute of limitations, which can extend the amount of time to file a claim. The statute of limitations might be extended based on age, disability, incapacity, or other compound circumstances.

It’s best not to accept the first offer you’ve received right away, as you’ll want to determine whether it covers all of your medical expenses for your accident, lost wages, personal property damage, temporary transportation, and pain and suffering.  Many factors can help you decide if you should accept an insurance settlement. One of the key resources that you should utilize when it comes to insurance claims and settlement offers is to consult with an experienced car accident attorney.

Four general elements of negligence must be proven, whether a case is from a car accident, a dog attack, workplace injury, or other personal injury matters. The four elements of negligence are:

  • Duty of Care: This is the obligation of one person to provide reasonable care to another where there can be foreseeable harm.
  • Breach of Duty: this is the failure to behave in such a way that a reasonable person would under those same circumstances.
  • Causation: The plaintiff must prove that the defendant’s actions are the cause of their harm and damages.
  • Damages: Damages are the result of the actions or omissions of the defendant.

Personal injury law is designed to hold negligent parties accountable for the harm they cause. However, an injury victim must present evidence to prove negligence to obtain compensation.

If someone else was negligent and caused your injuries, you could have a valid claim for compensation. We can listen to what happened and evaluate whether you have a claim during your free case assessment.

Claim values vary widely based on a variety of factors, including (but not limited to), severity (and permanency) of the injuries, length of recovery, medical bills, the type of health insurance coverage you have, whether or not you are partially at fault for the accident, the quality of insurance covering the at-fault party, the county where the accident occurred, the identity of the at-fault party, among many others. As you can see, it is not a simple process to determine the value of your case, and sometimes it is not a quick process either. Some of these things take time to develop. We would need to assess your situation and losses to advise you on the possible value of your case.

Many people think they can save money by handling an injury claim on their own. In fact, many of our clients come to the initial meeting in our office with an offer from the insurance company already in hand. Getting an offer isn’t hard; getting the RIGHT offer is the key. However, the right attorney can often significantly increase the amount of your recovery, so it is worth it to seek help from our experienced attorneys.

Hiring our firm requires no payment up front, and you will never pay fees unless we settle your case or secure a jury verdict. Then, payment comes from your settlement – never out of your own pocket.

We have decades of experience focusing exclusively on personal injury and wrongful death claims. Please refer to our practice area page. While this list isn’t exhaustive, it does show the types of cases we most commonly see. If we feel another lawyer is better suited for your type of case, we will happily point you in the right direction.

While most cases settle without going through a jury trial, our lawyers have spent significant time in the courtroom. Before hiring a lawyer, make sure to ask if they have jury trial experience.

While you follow the laws and drive safely, other drivers do not. Many accidents are preventable by negligent drivers. The only thing you can control after a collision is what you do. The accident scene can be chaotic, but you must stay calm and take these steps:

  • Check for any injuries to occupants in your vehicle and the other parties involved.
  • Call for an ambulance if there are injuries.
  • Request police to report the accident.
  • Exchange driver information like registration, licenses, names, and phone numbers
  • Take photos and video of the vehicles, surrounding areas, and injuries.
  • Inform the insurance company there was an accident along with the time and place it occurred. Keep these communications brief and do not discuss fault or liability.
  • Call Blackburn Romey for an initial consultation.
  • Review settlement offers with a car accident lawyer.

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There is a two-year window where accident victims can file car accident lawsuits. However, the insurance company will have stricter deadlines, usually within a week. The insurance wants you to report your accident within their timeframe so they can investigate and determine your outcome. You can risk a case dismissal if you wait until after this period to take action. There are some exceptions pertaining to minors or when there is a delay in identifying the injuries.

For minors, the two-year deadline begins when they turn 18. Another exception would include when a person is mentally or physically disabled, such as in a coma. Once the individual is no longer legally disabled, the timeline for their claim begins. Another exception is if the individual dies during the two years. The timeline is then extended eighteen months from the death date.

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The amount you can obtain for your losses will depend on various factors. Minor injuries can cost a few thousand dollars, while catastrophic injuries can reach into the millions. The more severe your injuries are, the higher your claim amount can be. Analysis of various Indiana car accident payouts include:

The majority of your settlement will depend on your injury severity. First, the insurance company, juries, and attorneys will examine the scope of your injuries and relevant medical bills. Next, they will evaluate lost wages and out-of-pocket expenses. Our Indiana car accident lawyers will also seek compensation for pain and suffering when it applies.

We live in a tort state where victims can seek compensation from the at-fault driver. They do not have to rely on their insurance for injury claims. This applies to mild, moderate, and severe injury cases. Some factors that can impact your settlement amount include:

  • Multiple claimants
  • Shared fault
  • Auto policy limit
  • Commercial policies
  • Uninsured motorist coverage
  • Punitive damages

It is best to work with an Indiana car accident attorney to determine what will impact your case and calculate your case worth.

There are two ways to settle your injury car accident claim. You can either resolve it through settlement negotiations or court litigation. Depending on which path you take, your timeline will vary. Every case timeline will vary, but most cases take a year to resolve. A settlement process often takes one to three months to resolve and usually involves negotiating with the insurance company using evidence.

The lawsuit process is more exhaustive and includes the following steps:

  • Filing a complaint and sending it to the defendant
  • The defendant will submit a response within the allotted time (usually 30 days)
  • The discovery process commences. This involves both parties gathering evidence to build their cases. Depending on case complexity, this can last for months to over a year.
  • Mediation and negotiations will be ongoing during and after discovery actions.
  • The trial is possible when all other resources and processes are exhausted. Opposing sides will present evidence to the judge and jury to sway them.
  • An appeal is possible if one party is unsatisfied with the trial results. This can take months or years.

The case may be resolved at any moment during negotiations. As you might imagine, all of these steps can extend your timeline. Your Indiana car accident attorney will work to resolve the case as quickly as possible for a fair amount.

IF YOU OR A LOVED ONE HAS BEEN injured AND NEEDS HELP, CONTACT US TODAY using the form below or by phone at
833.FOR HELP WE CAN HELP.

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