Frequently Asked Questions

Frequently Asked Questions

What is comparative fault?

In regard to most cases, Indiana is a comparative fault state. If your case goes to trial, the jury will determine the amount of fault attributable to all parties responsible for the collision. You may make a recovery even if you are up to 50% at fault. If you are less than 50% at fault, the jury will determine the full amount of your damages. The damages are then reduced by your percentage of fault. For example, your damages are determined to be $10,000 and you are 40% at fault, you would receive $6,000. Cases brought against the state of Indiana or governmental agencies are not subject to comparative fault. In order to recover, you must be fault free. Thus, if you are found to be only 1% at fault you would not be entitled to recover any compensation.

What is the statute of limitations?

Generally in Indiana, a person has two years from the time they were first injured to file suit, i.e., the suit must be filed the day before the second anniversary of the incident. However, there are numerous exceptions to this general rule, many of which can shorten the time in which you must take action to preserve your rights. For instance, claims against a governmental entity may require action within as little as 180 days after the incident; some deadlines begin to run before the incident, such as in an action based on product liability. The law governing deadlines for taking action to preserve your rights can be very complex and depends on the specific facts of your case. If applicable deadlines are missed, you will forever lose the right to recover damages. Therefore, if you wish to pursue your claim, you should waste no time in finding legal representation.

What is the medical payments provision on my policy?

When purchasing your insurance you have the option of obtaining medical payments coverage. This type of coverage is important to have. The coverage will make payments for medical bills incurred by you or your passenger(s) up to the limit of coverage. The most important aspect of the coverage is that the coverage applies regardless of fault. Whether the collision was caused by your fault or that of another you will have coverage. This coverage can be especially important for people who do not have health insurance since involvement in a motor vehicle collision is a major reason people seek health care.

Where will the initial consultation take place?

At my office, your home or the hospital.

What is the cost of the initial consultation?

There is no charge for the initial consultation.

How are the attorney’s fees calculated?

The fee is a percentage of the gross recovery. This is called a contingent fee.

What is a contingent fee?

The fee is contingent upon you making a recovery. In the event you do not make a recovery, you do not owe any attorney’s fee.