FAQs About Fort Wayne Car Accidents
To help you through this challenging time, we’ve put together answers to some of the most frequently asked questions about car accidents.
What should I do after a car accident in Fort Wayne?
First, call 911 and wait for the Fort Wayne Police or Indiana Highway Patrol to arrive. The police will secure the scene and get medical attention to anyone who needs it. The police will also fill out your official accident report – a key piece of evidence in your claim. Exchange contact and insurance information with the other driver and get contact information for any witnesses. Take pictures and gather evidence at the scene. Get medical attention as soon as possible, and call an experienced attorney who can help you understand what you should do to deal with the insurance company and build your case.
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What types of car accidents do you handle in Fort Wayne, Indiana?
Car accidents can cover a wide range. We handle all types of car accident claims in our Fort Wayne office, including:
- Rear-end car accidents – They may be common, but they’re not minor. Rear-end car accidents often cause serious head and neck injuries, including whiplash.
- Texting while driving accidents – Texting while driving is against the law in Indiana, but many people continue to text and drive in Fort Wayne – and cause serious car accidents.
- Distracted driving accidents – Drivers need to pay attention to the road at all times. When they fail to do so, whether by talking on a cellphone, eating while driving or operating a GPS, accidents often occur.
- Speeding accidents – Speed limits exist for a reason. When drivers in Fort Wayne drive too fast, they put everyone at risk. Many speeding drivers can’t slow down in time to avoid a crash. Accidents involving speeding drivers are also often more serious than other crashes on the same road due to the greater force involved.
- Asleep at the wheel accidents – Tired drivers should take a break. When they don’t, they put others at risk. Fatigued and sleeping drivers can cause serious harm, especially if they drift into the oncoming lane.
- Hit-and-run accidents – Drivers have a responsibility to stay at the scene of a crash. Unfortunately, some Fort Wayne drivers ignore the law and take off from an accident, creating chaos for the other driver they crash into.
No matter what type of car crash you’re dealing with in Fort Wayne, we can fight for your rights. So, whether your accident happened on I-69, I-469 or on a busy downtown street like West Washington Boulevard or North Clinton Street, we’re here to help you get your life back on track.
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Should I see a doctor after a car accident?
Yes, always see a doctor after a car accident – even if you feel fine. Some injuries, like whiplash, nerve damage or internal bleeding, don’t show symptoms right away but can become serious if left untreated. A medical evaluation not only protects your health but also creates a record linking your injuries to the accident. This is important if you need to file an insurance claim or car accident lawsuit. Delaying treatment could hurt both your recovery and your case, so it’s best to get checked out as soon as possible.
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How is fault determined in a car accident case?
Fault in a car accident is determined by evidence, including police reports, witness statements, traffic laws, and sometimes accident reconstruction. Insurance companies and attorneys will examine photos, videos, and other details to establish who was responsible. In many cases fault is often shared or not clear , making it more difficult to determine. That’s why having an experienced car accident lawyer on your side can help ensure your rights are protected and you aren’t unfairly blamed.
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How much compensation can you get for a car accident?
There is no single average settlement for a car accident in Fort Wayne. It all depends on the extent of your injuries and the effects those injuries have had on your life. Your compensation for a car accident should include your:
- Medical expenses, both past and future, for medical treatment related to the accident. This includes emergency medical care, surgery, physical therapy, medication, medical devices, hospital bills, and any other medical costs.
- Lost income if you are unable to work for a time due to the accident, and lost future earnings if your injuries will permanently affect your ability to work.
- Pain and suffering, emotional distress, and mental anguish due to your injuries.
- Modifications to your home or vehicle if you have a permanent disability.
- Property damage, including damage to your vehicle and any other personal property.
Only an attorney who knows Indiana law and the courts in Allen County can explain what your case is worth. That’s why you should always talk to a lawyer before you talk to the insurance company, and certainly before you decide whether to accept a settlement.
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Can I still receive compensation if I was partially at fault for the accident?
Yes, you may still be able to receive compensation, even if you were partially at fault. Indiana follows a modified comparative negligence rule, which means you can recover damages if you are less than 51% responsible for the accident. However, your compensation will be reduced based on your percentage of fault. For example, if you are found 20% at fault, your settlement would be reduced by 20%. Since insurance companies often try to shift blame, having an experienced car accident lawyer can help protect your right to fair compensation.
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How long do I have to file a car accident claim in Indiana?
In Indiana, you generally have two years from the date of the accident to file a personal injury lawsuit. This deadline, known as the statute of limitations. If you miss this deadline, you may lose your right to seek compensation. There are some exceptions, but acting quickly is key. The sooner you start your claim, the stronger your case will be.
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How long does it take to resolve a car accident case?
There are a few factors that affect the amount of time it takes to settle a car accident case. One factor is the extent of your injuries and the length of your recovery – it’s in your interest not to settle until the full extent and cost of your injuries is clear. Another key factor is how difficult the insurance company decides to be in negotiations and whether it’s necessary to file a lawsuit.
Some cases settle fairly quickly, while others can take many months or even years to resolve. However, the right attorney can guide you through the process and explain what you’re looking at as you try to rebuild your life.
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Will my car accident case go to trial?
Most car accident cases are settled out of court through negotiations with the insurance company. However, if the insurance company refuses to offer a fair settlement, your case may need to go to trial. A trial can be a longer process, but it may be necessary to get the compensation you need and deserve. An experienced car accident lawyer can negotiate on your behalf and, if needed, fight for you in court.
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Should I speak with a car accident lawyer before I speak with the insurance company?
Yes, it’s always a good idea to talk to a lawyer before speaking with the insurance company. Insurance adjusters are trained to minimize payouts, and anything you say could be used against you to reduce or deny your claim. A lawyer can help protect your rights, handle communications with the insurance company, and ensure you don’t accept a settlement that’s less than what you’re entitled to.
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Why should I hire a Fort Wayne car accident lawyer?
While you’re not required by law to hire an attorney to negotiate a settlement or even file a lawsuit, it's absolutely in your interest to do so. Remember, the insurance company has lawyers protecting its interests, and you need someone who knows the system to level the playing field. You should hire a lawyer to ensure that your accident is thoroughly investigated and you’re in the best position to win your case. You only get one shot at compensation. A proven fighter will make that shot count.
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What does it cost to hire a car accident attorney?
You don’t pay anything out of pocket. We work on a contingency fee basis, which means we don’t charge an hourly fee or retainer to represent you. Our firm advances the costs of moving your case forward, and we only get paid if and when we win your case (either through a negotiated settlement or jury verdict). At that point, our fee is a percentage of the recovery, so you still don’t pay us out of pocket. Studies have shown that people who hire a lawyer recover more than those who don’t, even taking fees into account, so the real question is whether you can afford not to hire an attorney.
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Count on our Fort Wayne car accident attorneys to fight for you
Remember, you didn’t do anything wrong. You shouldn’t have to pay for another driver’s reckless or negligent actions. That’s why we want to meet with you and learn more about your car accident. That way, we can get straight to work on your Fort Wayne car accident claim.
The clock is ticking. In most cases, you only have two years from the date of your Indiana car accident to take legal action. This deadline is known as the statute of limitations. Two years might seem like a long time but the longer you wait to take legal action, the harder it often becomes to find the facts you need to build a strong, legal case.
Put a fighter on your side. Contact our law firm and schedule your free case evaluation with a Fort Wayne car accident lawyer you can trust.
