Pedestrians, passengers, and drivers often suffer severe injuries and consequential losses following on-road accidents in Fort Wayne. If you are grappling with similar circumstances, you need to be a step ahead in how you deal with the claims process. One of the immediate steps is to contact a Fort Wayne car accident lawyer to discover the possible ways to seek a settlement. You should also have a fair overview of the Indiana state laws related to auto accidents, and we have discussed a few details below.
Indiana is a fault state
For the unversed, this essentially makes the at-fault party liable for your losses. When a driver acts recklessly or fails to adhere to traffic rules, they are responsible for injuries endured by others, including other drivers and pedestrians. You will have to file a third-party claim with their insurer and negotiate compensation accordingly. If things don’t move as expected, you can file a lawsuit.
Two-year deadline
As mentioned above, you can only file a lawsuit in certain circumstances. There is a deadline of two years for most car accident lawsuits, which means you can initiate the civil accident within that time from the time of the crash. If you fail to adhere to that, the court will most likely refuse to accept your case. The two-year deadline remains the same for cases where a person has died in a car crash.
Modified comparative negligence
It often happens that two or more drivers share the blame for a road accident, for which Indiana relies on the modified comparative negligence rule. If you want to sue the other party, your shape of fault should not exceed theirs. Also, the compensation will be adjusted according to your fault. If you managed to get $10,000 in a settlement but are also 10% at fault, your final amount would be $9000.
Get a lawyer soon
Insurance companies often play dirty with claimants and try textbook tactics to downplay injuries and reduce settlements. Get an experienced and capable car accident lawyer on your side and ensure they are based in Fort Wayne. You should also check whether they can represent you at trial if the matter requires litigation. Most law firms specializing in injury claims don’t charge anything upfront, which means you don’t need money to seek legal support and assistance. Your lawyer will also keep an eye on the deadlines, formalities, and necessary paperwork.
