South Bend Car Accident Lawyer

Car Accident Lawyers in South Bend, IN

Suffering serious injuries or losing a loved one in a car accident is never easy to cope with. This is especially true if the accident was avoidable. Unfortunately, many South Bend car accidents happen as a result of driver carelessness, recklessness, and negligence. 

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Injuries that a car accident victim suffers can cause serious limitations. Some accidents even lead to permanent injuries, and the accident victim may be in pain for the remainder of their life.

If you have suffered injuries in a South Bend car crash that resulted from another driver or someone else’s negligence, you have legal options open to you. The experienced and compassionate South Bend, IN car accident lawyers at Blackburn Romey are here to assist you at every stage of your case. We can help you file a personal injury claim, negotiate a settlement with the insurance company, and, if necessary, file a lawsuit in the court system on your behalf.

For more information about how we could assist you, please call us right away.

 

Injuries that South Bend Car Accident Victims Suffer 

The injuries that a car crash victim suffers depend upon various factors, including the type of collision and the force of the impact. Some collisions are so forceful that the impact causes a part of the accident victim’s body to strike something in their vehicle, like the front dashboard, window, headrest, door, or steering wheel, resulting in a serious injury. At other times, the impact force might cause the accident victim’s body to move around inside the vehicle – or actually eject the accident victim from their vehicle.

Common injuries that car crash victims sustain include: 

  • Traumatic head and brain injuries
  • Soft tissue damage
  • Broken bones
  • Internal injuries
  • Spinal cord injuries and paralysis. 

In the most serious accidents, these injuries could cause a fatality.

 

Seeking Damages for Your Car Crash Injuries

To recover monetary damages in a South Bend, IN car accident claim, you will need to establish the legal elements of your claim.

  • First of all, you must show that the at-fault driver — or someone else — behaved unreasonably under the circumstances. You must also demonstrate that you suffered an injury that directly resulted from the crash. To establish this causal connection, you might need to have a medical expert state, to a reasonable degree of medical certainty, that your injuries resulted from the accident.
  • As part of your car accident claim or lawsuit, you could recover monetary compensation for your medical expenses, including the cost of doctor visits, medical procedures, and physical therapy. These damages are recoverable even if health insurance paid for some of your medical treatment following the accident. If you had to miss time from work, you could also pursue lost wage compensation.
  • In addition to these economic damages, you could also pursue noneconomic damages for your injuries. These damages compensate accident victims for their physical pain and suffering, inconvenience, mental distress, loss of the ability to use a body part, and loss of life enjoyment due to their injuries.
  • In cases where a car crash leads to a fatal injury, the accident victim’s surviving loved ones could file a wrongful death claim or lawsuit. As part of the damages in a wrongful death case, the deceased individual’s estate could pursue compensation for funeral and burial expenses, future lost wages, and loss of the decedent’s care, companionship, and comfort.

The knowledgeable South Bend, IN car accident attorneys at Blackburn Romey will help you pursue the maximum amount of compensation that you deserve to recover for the injuries you sustained.

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.

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.

Is My Case Likely to Go to Court?

In most cases, settlements are reached without the need for litigation. A settlement that meets the needs of all parties is in everyone’s best interest. Nonetheless, some cases require a trial. Our South Bend car accident lawyers will vigorously defend your rights regardless of the circumstances.

What Is the Expected Turnaround Time?

Although every case is different, it’s crucial to realize that negotiations can take time and that you may need to continue receiving medical treatment while you await a verdict. However, we understand that you need the money you’re owed to help you through the current situation. In every case we handle, we strive for a quick settlement without jeopardizing the settlement amount.

 

Negligence that Can Lead to a Car Crash

In many instances, car collisions happen because of driver negligence. Driver negligence can take many different forms.

  • One type of negligent driving involves road rule violations. For example, the at-fault driver might have been speeding or engaging in aggressive driving, such as by aggressively weaving in and out of traffic or tailgating another vehicle, causing the collision. At other times, crashes occur when drivers fail to yield the right-of-way at the appropriate times, such as when merging onto a highway or running a red traffic light at an intersection.
  • In addition to road rule violations, some accidents happen when drivers are sleepy while behind the wheel. They might also be under the influence of alcohol or drugs, both of which can significantly impair their ability to drive safely. 
  • Finally, some car crashes happen when motor vehicle operators are distracted and fail to pay attention. Common distractions in motor vehicles include loud music playing, passengers in the vehicle, and electronic devices, such as cellular phones, tablets, and GPS systems.

Not all motor vehicle crashes in South Bend result from distracted driving, though. In some instances, crashes happen because of defective repair work on the vehicle, while other crashes happen when vehicle parts malfunction when a driver is out and about. If the accident victim can trace the source of their collision to negligent repair work or defective vehicle parts, they could file a claim or lawsuit against the appropriate at-fault parties.

A knowledgeable South Bend, IN car accident lawyer at Blackburn Romey can review the circumstances of your accident and file a claim or lawsuit against all potentially responsible parties. We can then help you pursue the damages you deserve for your injuries.

 

In the Event of an Accident, What Should I Do?

Taking the right steps from the beginning will increase your chances of receiving full compensation for your injuries. 

Make sure your head is clear first. By doing this, you will avoid making critical mistakes. If you are injured, call the first responders so that you can get medical attention and file a police report. 

Last but not least, contact Blackburn Romey for experienced car accident attorneys. Our team will be there to support you from the very beginning as we fight for your rights.

Is it Necessary to File a Police Report?

In addition to strengthening your claim, a police report will demonstrate that your collision warranted a call for assistance. The report will also serve as a neutral third-party account of the accident. This information will greatly aid our settlement negotiations.

 

Do Car Accidents Have a Statute of Limitations?

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.

 

What Are My Chances of Winning?

Under state law, if you didn’t cause your accident, you may be entitled to compensation for the harm you may have suffered.

In Indiana, injured parties must prove negligence by the at-fault party in order to recover damages. Blackburn Romey is here to help you deal with the aftermath of a car accident. 

Let’s discuss what you might be entitled to in your potential case. You can spend time focusing on what’s most important: recovery. We deal with insurance companies, so you don’t have to worry about them.

A Firm Like Ours Is Well Equipped To Battle the Insurance Companies

We arrange depositions, mediations, and trials against two of the nation’s largest insurance carriers every day: Geico and State Farm. The big, bad insurance industry is not a problem for our firm.

The car accident lawyers at our firm are ready to take the lead on your case and fight for you immediately. Our local personal injury attorneys will begin working immediately by investigating the incident, explaining your legal rights, measuring your losses, and requesting appropriate compensation.

 

Call a Knowledgeable South Bend Car Accident Lawyer Today 

blackburn romey attorneysIf you have suffered injuries in a recent car accident, the first thing you should do is seek medical treatment for those injuries. Next, you should call our South Bend Personal Injury Lawyers at Blackburn Romey to represent you in your personal injury case. Our experienced, results-driven lawyers can help you file your claim or lawsuit against the necessary at-fault parties and pursue the monetary damages you need.  

Our legal team is ready to help. For a free case evaluation and legal consultation with a skilled South Bend, IN car accident attorney, please call us at 574-277-7711 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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