Frequently asked questions about Goshen car accidents
After a serious car accident, having the right information can make all the difference – but not all advice is reliable. Boughter Sinak, LLC provides clear, trustworthy answers from experienced car accident lawyers who know Indiana law and fight for real results.
What should I do after a car accident in Goshen if I was injured due to someone else’s negligence?
The steps you take after a car accident can directly impact your ability to recover compensation. Even when another driver is at fault, insurance companies will look for ways to minimize or deny your claim. Protect yourself and your case by taking these important actions:
- Seek medical attention immediately: Some injuries take time to appear, so getting checked by a doctor right away protects both your health and your claim.
- Call the police: An official accident report from the Goshen Police Department or the Elkhart County Sheriff’s Office provides key evidence when proving liability.
- Gather evidence at the scene: Take photos of vehicle damage, road conditions, traffic signals, and your injuries.
- Collect witness contact information: Independent witness statements can strengthen your case.
- Notify your insurance company: Report the accident, but do not give a recorded statement before consulting a lawyer.
- Keep all medical records and receipts: Hospital bills from Goshen Hospital or other local providers, therapy costs, and lost wage documentation are crucial for proving the full impact of your injuries.
- Call an attorney as soon as possible: The sooner you speak with a Goshen car accident lawyer from Boughter Sinak, LLC, the better. Insurance companies start working against you immediately, and having legal representation ensures your case is handled properly from the start.
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What types of damages can I claim after a serious car accident in Goshen?
A car accident can result in more than just medical bills – it can disrupt every aspect of your life. Indiana law allows victims to seek compensation for various damages, including:
- Medical expenses: Covers hospital bills, surgeries, rehabilitation, medication, and long-term care.
- Lost wages and reduced earning capacity: Compensates for time missed at work and any future income lost due to your injuries.
- Pain and suffering: Accounts for physical pain, emotional distress, and the overall impact on your well-being.
- Property damage: Pays for vehicle repairs or replacement, along with damaged personal belongings.
- Loss of enjoyment of life: Compensates for the inability to participate in activities you once enjoyed.
Insurance companies will try to pay as little as possible, but a lawyer can ensure you get the full compensation you deserve.
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How long do I have to file a car accident lawsuit in Indiana?
Indiana law gives car accident victims two years from the date of the crash to file a lawsuit. This deadline, known as the statute of limitations, applies to claims for injuries and property damage. If the accident involved a government vehicle or entity, you may have an even shorter deadline to file a notice of claim. Missing the deadline means losing your right to recover compensation, so it’s important to contact a lawyer as soon as possible to start building your case.
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What if the insurance company offers me a settlement? Should I accept it?
Insurance companies lowball initial settlement offers to get victims to accept less than they deserve. If you take the first offer, you waive your right to seek additional compensation, even if your medical bills increase or you need long-term care. Many accident victims in Goshen don’t realize the full extent of their injuries until weeks or months after the crash, especially with conditions like whiplash or traumatic brain injuries. Before accepting any settlement, consult with a lawyer who can calculate your total damages and negotiate for maximum compensation.
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Can I still recover compensation if I was partially at fault for the accident in Goshen?
Yes, Indiana follows a modified comparative fault rule, meaning you can recover compensation as long as you are less than 51% at fault for the crash. However, your settlement or court award will be reduced by your percentage of fault. For example, if you were found 20% responsible for a crash on US-33, your compensation would be reduced by 20%. Insurance companies often try to shift blame onto victims to reduce their payout, so having an experienced car accident lawyer is crucial to proving the other driver’s negligence.
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What happens if the driver who hit me in Goshen doesn’t have insurance?
If an uninsured driver hits you, you may still have options for compensation through your own uninsured/underinsured motorist (UM/UIM) coverage. Indiana does not require UM/UIM coverage, but many policies include it unless drivers specifically opt out. Another option is pursuing a personal injury lawsuit against the at-fault driver, though collecting compensation can be difficult if they lack assets. A lawyer can help explore all potential sources of compensation, including other liable parties, such as vehicle manufacturers or government entities responsible for road maintenance.
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How do I prove the other driver was negligent in causing the accident?
Negligence occurs when a driver fails to act responsibly, leading to a crash. To prove negligence, you must establish four key elements:
- Duty of dare: The driver had a legal obligation to drive safely and follow traffic laws.
- Breach of duty: The driver violated this duty by speeding, texting, running a red light, or engaging in reckless behavior.
- Causation: The driver’s actions directly caused the accident and your injuries.
- Damages: You suffered measurable losses, such as medical bills, lost wages, and pain and suffering.
Proving negligence requires strong evidence, and insurance companies will try to shift blame. An experienced attorney can gather the necessary proof and fight for your rights.
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What if I lost a loved one in a fatal car accident in Goshen? Can I file a wrongful death claim?
Losing a loved one in a car accident is devastating, especially when it was caused by another driver’s negligence. In Indiana, eligible family members may file a wrongful death claim to recover compensation for their loss. Those who can file include:
- Spouse, children, or dependents: May seek damages for lost income, medical bills, and emotional suffering.
- Parents of a deceased minor child: Can pursue compensation for funeral expenses and the emotional impact of their loss.
- Estate of the deceased: Can recover compensation for burial costs, outstanding medical bills, and other financial losses.
While no lawsuit can bring back a loved one, holding the responsible party accountable can provide justice and financial relief. Our wrongful death lawyers can guide you through the legal process.
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How much does it cost to hire a Goshen car accident lawyer?
Most car accident lawyers, including those at Boughter Sinak, LLC, work on a contingency fee basis, meaning you pay nothing upfront and only owe legal fees if you win. The attorney’s fee is a percentage of your settlement or court award, typically between 33% and 40% depending on the complexity of the case. This arrangement makes legal representation accessible to accident victims who might otherwise struggle to afford it. A free consultation can help you understand your options with no financial risk.
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What types of car accidents does a personal injury lawyer handle in Goshen?
Every accident is different, and some cases involve more legal complexities than others. A personal injury lawyer in Goshen, IN, can handle a variety of car accident cases, including:
- Rear-end collisions: Often caused by distracted or tailgating drivers
- T-bone accidents: Common at intersections when drivers fail to yield or run red lights
- Head-on collisions: Frequently result in severe or fatal injuries due to high speeds
- Hit-and-run accidents: Even if the driver fled the scene, you may still have options for compensation
- Multi-vehicle pileups: Determining fault in these crashes requires thorough investigation
- Commercial truck accidents: Cases involving delivery trucks, semis, or rideshare drivers can be complex
No matter what type of crash you were involved in, a lawyer can protect your rights and ensure you aren’t taken advantage of by insurance companies.
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How long does it take to settle a car accident case in Indiana?
The timeline for settling a car accident case varies, but most cases take several months to a year. Cases involving serious injuries, disputed liability, or multiple insurance companies can take longer. If the insurance company refuses to offer a fair settlement, a lawsuit may be necessary, which can extend the process further. A lawyer can help move your case forward as efficiently as possible while making sure you don’t settle for less than you deserve.
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What evidence is needed to support my claim after a serious car accident in Goshen?
The more evidence you have, the stronger your case will be. To prove fault and recover full compensation, you should collect:
- Police reports: Provide an official accident record and may include citations issued to the other driver
- Photos and videos: Capture damage to vehicles, road conditions, skid marks, and visible injuries
- Medical records: Show the extent of your injuries, the treatment received, and any ongoing medical needs
- Witness statements: Independent accounts can strengthen your case by confirming what happened
- Traffic camera or dashcam footage: Video evidence can be powerful in proving fault
Insurance companies look for any excuse to deny claims. A lawyer can ensure all relevant evidence is gathered, analyzed, and used effectively in your case.
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Will I have to go to court if I file a car accident lawsuit in Goshen?
Most car accident cases settle out of court, but some do go to trial if the insurance company refuses to offer fair compensation. A lawsuit may be necessary if the other driver denies fault, if there are disputes over the severity of your injuries, or if the insurance company engages in bad faith tactics. Even if your case goes to court, a lawyer will handle all legal proceedings and fight for the best possible outcome, allowing you to focus on recovery.
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How can I schedule a free consultation with a Goshen car accident lawyer?
Scheduling a free consultation is easy. A consultation allows you to discuss your case, understand your legal options, and get advice on the next steps without any obligation. If you were injured in a crash on roads like US-20, SR-15, or CR-40, don’t wait to get legal guidance. Contacting a lawyer early can make all the difference in building a strong case and securing full compensation.
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How can a Goshen car accident lawyer help me recover compensation for my medical bills and lost wages?
Recovering from a car accident is difficult enough without the added stress of medical expenses and lost income. A car accident lawyer can handle every aspect of your claim by:
- Investigating the accident: Collecting evidence, reviewing police reports, and consulting with experts.
- Calculating damages: Ensuring all financial losses, including future medical expenses and lost earning capacity, are accounted for.
- Negotiating with insurance companies: Pushing back against low settlement offers and bad-faith tactics.
- Filing a lawsuit if necessary: Taking your case to court if the insurance company refuses to offer fair compensation.
Without a lawyer, you risk accepting far less than you need to cover your medical bills and lost wages. Our Goshen car accident lawyers can fight for the full amount you deserve so you can focus on healing.
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Get a Goshen car accident lawyer who fights to win
The insurance company isn’t on your side. That’s why if you were injured in a crash, you need a tough Goshen car accident lawyer who knows how to take on insurance companies and win. Don’t risk settling for less than you deserve. Let an experienced attorney handle the fight while you focus on healing.
There’s no cost to get started, and you don’t pay a dime unless we win your case. Contact us today for a free consultation and find out how we can help you recover the maximum compensation you deserve.
