What is a personal injury?
A personal injury is any harm you suffer because of someone else’s negligence or intentional actions. Common examples include injuries from car accidents, slip and falls, dog bites, or medical malpractice. In Indiana, if someone else’s actions caused your injury, you have the right to seek compensation for your medical bills, lost wages, pain, and suffering.
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What should I do after a personal injury accident?
The moments following an injury accident are critical for your health and your potential case. First and foremost, get medical attention. Even if you feel fine, adrenaline can mask serious injuries such as concussions or internal bleeding. A doctor’s evaluation not only protects your health but also provides crucial documentation of your injuries.
Next, gather evidence. Take photos of the scene, your injuries, and anything else that is – such as a slippery floor or a damaged vehicle. If witnesses are present, ask for their contact information. Report the accident to the appropriate authority, such as the police, your employer, or a property manager. Finally, consult with an experienced personal injury attorney. They can guide you on how to protect your rights and avoid common mistakes, like giving statements to insurance companies that could harm your case.
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Should I keep track of my medical expenses?
Yes, tracking your medical expenses is one of the most important things you can do after a personal injury. These records provide evidence of the financial burden your injury has caused. Keep all bills, receipts, and insurance statements for hospital visits, physical therapy, medications, and even medical equipment like crutches or braces.
In addition to direct costs, note any related expenses, such as transportation to doctor appointments or home modifications if your injury requires it. Maintaining a clear record helps ensure you receive fair compensation for both current and future medical needs. It also strengthens your case by showing the court or insurance company the full scope of your financial losses.
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How is fault determined?
Determining fault in a personal injury case can be complicated, since it often requires a thorough investigation and strong evidence. Fault is established by proving that the responsible party acted negligently – meaning they failed to exercise reasonable care – and that their actions directly caused your injuries. Evidence like police reports, photos from the scene, witness statements, and even expert testimony can play a crucial role in this process.
An experienced personal injury lawyer can help in determining fault for your case. They know how to gather and analyze evidence, interview witnesses, and work with experts such as accident reconstruction specialists to build a strong case.
Personal injury lawyers also understand the legal standards for negligence and how to apply them to your specific situation. With their help, you can avoid mistakes that could weaken your claim and ensure that fault is accurately established. Their expertise can have a big impact on your case and improve your chances of securing fair compensation.
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Can I still be compensated if I was partially at fault?
Yes, Indiana follows a modified comparative fault rule, which means you can still receive compensation for your injuries even if you share some responsibility for the accident. However, there are limits: you must be less than 51% at fault to recover damages.
Here’s how it works: if you’re partially to blame, the total compensation you are awarded will be reduced by your percentage of fault. For example, if you’re awarded $100,000 but are found 30% at fault, your compensation would be reduced by 30%, leaving you with $70,000.
This rule ensures fairness by holding everyone accountable for their actions while still allowing injured parties to recover damages.
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How do I know if I have a case?
Determining if you have a personal injury case often comes down to the following factors:
- Liability: Was the other party negligent or reckless?
- Damages: Did the accident cause measurable harm, like medical bills, lost wages, or emotional distress?
- Causation: Can you link your injuries directly to the accident?
For example, if you slipped on a wet floor because a store failed to post warning signs, and that fall led to a broken arm, you likely have a case. An attorney can review the specifics, like evidence of negligence or the severity of your injuries, to assess the strength of your claim.
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How long do I have to file a personal injury lawsuit in Indiana?
In Indiana, you generally have two years from the date of your injury to file a personal injury lawsuit. This deadline is known as the statute of limitations, a legal time limit that determines how long you have to take legal action after an accident or injury.
The statute of limitations is designed to ensure that cases are brought while evidence is still fresh and witnesses’ memories are reliable. If you try to file a lawsuit after this period expires, your case will likely be dismissed, and you’ll lose your right to pursue compensation—no matter how strong your claim might be.
It’s important to consult an attorney as soon as possible to ensure you meet all deadlines and protect your rights.
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How long does a personal injury lawsuit take?
The timeline for a personal injury lawsuit varies since every case is unique. Simple cases may settle in a few months, while more complex cases, especially those involving serious injuries or disputes about fault, can take a year or longer. The process includes stages like investigation, negotiation, and potentially a trial.
Many cases settle before going to court, however, if a fair settlement cannot be reached, going to trial may be necessary. Your attorney can give you a better idea of what to expect based on the specifics of your case.
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How much is my case worth?
The value of a personal injury case depends on many things, like how serious your injuries are and how much your life has been affected. If you have big medical bills, can’t work, or your injuries have caused lasting pain or disability, your case is likely worth more.
Other factors include how much money you’ve lost, the cost of your ongoing care, and the emotional toll of the accident. While no one can promise an exact number, a personal injury lawyer can look at your situation and give you a better idea of what kind of settlement or award you might expect based on cases like yours and fight for nothing less.
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What type of damages can I recover?
After a personal injury, you can seek compensation for different kinds of losses:
- Economic damages: These are the financial costs of your injury, like medical bills, lost wages, or property damage.
- Non-economic damages: These cover the harder-to-measure things, like your pain, emotional suffering, or how your quality of life has changed.
Sometimes, courts also award punitive damages, which are meant to punish the person or company responsible if their actions were especially reckless or harmful. A personal injury lawyer will help you figure out what damages apply to your case so you can recover as much as possible.
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How much does a personal injury lawyer cost?
At Boughter Sinak, LLC, we believe that everyone deserves access to legal representation, no matter their financial situation. That’s why we handle personal injury cases on a contingency fee basis. With this arrangement, you don’t have to worry about paying anything upfront. Instead, our fee comes from the compensation we recover for you. If we don’t win your case, you don’t owe us anything.
This approach allows you to focus on your recovery without stressing over legal costs. Whether you’re dealing with medical bills, lost wages, or the emotional toll of your injury, a contingency fee ensures you can afford experienced legal help when you need it most. Our team is committed to fighting for your rights and maximizing your compensation, so you can move forward with confidence and peace of mind.
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If you’ve been injured because someone else failed to uphold their duty of care, let a personal injury lawyer from our Fort Wayne legal team review the details of your injury to see if we can start fighting for you to get the compensation you’re entitled to. Contact us for a free consultation.
Personal injury lawyers Fort Wayne injury victims can count on for results
The attorneys from Boughter Sinak, LLC know how to win personal injury cases for Hoosiers who’ve been hurt due to someone else’s negligence. When you’ve been injured through no fault of your own, you need a personal injury lawyer who will work relentlessly to serve your needs and who knows the laws in Indiana. Our attorneys have earned a reputation as fighters, and we are proud to help injury victims get their lives back on track through hard work, attention to detail, and going toe-to-toe with insurance companies to get you the compensation you deserve. It doesn’t matter if you were injured in a truck accident on I-69 or you were hurt at work, a personal injury lawyer from Boughter Sinak, LLC can study the details of your accident to see if it’s time for you to get our law firm in your corner.
Hurt in Fort Wayne? Contact our personal injury lawyers.
The personal injury attorneys from Boughter Sinak understand how the legal system works in Fort Wayne and all of Indiana. Our legal team is proud to be part of the Fort Wayne community, and we take pride in being able to fight for the rights of our fellow Hoosiers. It doesn’t matter what kind of accident you’ve had or what type of injury you’re dealing with, the personal injury attorneys from our law firm want to work with you to see if they can help. Our lawyers are smart and aggressive, and they know what it takes to win cases in Indiana. Let our attorneys step into the ring and start fighting for you. Contact us for a free consultation.
Directions to our Fort Wayne, Indiana Office
From the North
Take I-69 S toward Fort Wayne
Take exit 305A and merge onto Illinois Rd
Keep left to stay on Illinois Rd
Turn right onto Reckeweg Rd
Turn right onto W. Jefferson Blvd
Our office will be on your right
From the South
Take I-69 N toward Fort Wayne
Take exit 302 for Jefferson Blvd toward US 24 W
Keep right, follow signs for Fort Wayne and merge onto W Jefferson Blvd
Our office will be on your left at the corner of W Jefferson Blvd and N Glendale Dr
From the East
Take IN-930 W through Fort Wayne
Keep left to continue on E Washington Blvd
Keep right to continue on W Washington Blvd
W Washington Blvd turns slightly right and becomes W Jefferson Blvd
Keep left to stay on W Jefferson Blvd
Our office will be on your right
From the West
Take IN-14 E into Fort Wayne
Keep left to continue on Illinois Rd
Turn right onto Reckeweg Rd
Turn right onto W. Jefferson Blvd
Our office will be on your right
Boughter Sinak, LLC
5150 W. Jefferson Blvd
Fort Wayne, IN 46804
(260) 420-4878
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