The immediate aftermath of a car accident is always scary. As someone injured in such a crash in Auburn, you may not understand how to recover a settlement. The first thing to know is the fault-based system in Indiana. If the other driver caused the mishap, they are liable for your losses. If you have never filed an injury claim, you need to consult an attorney before anything else. Once you get medical care and feel better, meet an Auburn car accident lawyer to understand the case better. Here are some top facts worth knowing.
You have a deadline
You cannot sue someone for an accident that happened a decade back. The statute of limitations gives a time cap to file injury claims and wrongful death lawsuits. In Indiana, you have a two-year deadline to file a car accident lawsuit. The clock starts from the date of the mishap, barring a few exceptions. The court will most likely refuse to accept your case if you miss that deadline.
Your fault matters
If you were also speeding when the accident happened, your fault share would determine whether you can sue the other party. As Indiana is a modified comparative negligence state, you can only file a claim when your fault share doesn’t exceed the other driver’s blame for the accident. Insurance companies often try to use this rule to deny claims, and you have to be extremely smart about your strategy.
Car accident lawyers don’t charge an hourly rate
Given that you are probably out of work and paying your medical bills, you may feel that hiring an attorney is an added expense. The good news is accident lawyers in Auburn don’t ask for an hourly rate. Once the lawyer takes your case, they cannot ask for payment until you recover a settlement. This arrangement is common for most personal injury cases, including car crashes. The contingency fee may vary, but in general, lawyers usually ask for 33% of the final compensation.
You need to act immediately
Even if you are not worried about the two-year deadline, you must act swiftly to recover evidence. Car accident cases often get complicated for the lack of proof, and if you don’t start gathering information immediately after the crash, you may lose details.
Let an attorney handle the investigation and work on the strategy as you recover from your injuries. You can always meet a top lawyer to get a review of your case.
