What To Do if Injured By an Uninsured Driver in Indiana

Posted on December 30, 2021 by Admin

In a conventional situation, if someone is injured in a car accident, the at-fault party’s insurance company would cover much of the victim’s medical and vehicular damages. But what happens if you are injured by a driver who does not have auto insurance in Indiana?

Continue reading to learn what you need to know about protecting your rights to compensation after being hurt in a car accident by an uninsured driver.

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Uninsured Versus Under-Insured Automotive Insurance Coverage

Drivers who are at-fault for a car accident are either insured, uninsured, or under-insured. In the case that you are injured by a driver who has zero automotive insurance coverage, your best course of action would be to file a claim with your own insurance carrier.

From there, you can pursue a personal injury claim against the at-fault driver in civil court to recover the compensation paid out of your own pocket. If you are eventually given a settlement, you would likely have to reimburse your own insurance company if they gave you money for your claim.

In the case that you are injured by a driver who does not have enough automotive insurance coverage to compensate your damages, you would have to rely on your own insurance coverage to make up for the rest. Following this claim, you could then file a lawsuit (just like you would with an uninsured driver) to recover the money you spent out of pocket for your damages.

What You Can Do to Protect Yourself

Many drivers opt for Uninsured Motorist Coverage (UIM) coverage, which is additional coverage that can protect them from being injured by an uninsured or under-insured driver. In fact, some states require it, while others are required to offer it to consumers.

Collision coverage is another supplementary type of insurance that you can tack onto your existing policy for vehicular damages. Personal injury protection (PIP) insurance is another option that will provide coverage for you or your passengers’ hospital bills and medical expenses that result from a serious accident or injury.

Most insurance carries restrict the time period allotted to file an uninsured or under-insured car accident claim, usually around 30 days. So, if you are ever injured by a driver who does not have auto insurance, be sure to take action fast to protect your rights to compensation.

Always talk to a licensed Indianapolis personal injury lawyer who specializes in Indiana car accident lawsuits before taking any action in court. They have the knowledge and experience to provide accurate and personalized legal advice that best suits your needs for compensation.

Are you looking for a skilled and experienced car accident attorney in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a licensed civil litigator about the personal injuries you’ve suffered as a result of a wrongful auto accident in Indianapolis, Indiana. We offer free initial consultations and never collect lawyer fees unless we prevail for you!

What are Damage Caps in a Personal Injury Case?

Posted on December 21, 2021 by Admin

In each state, there are specific statutes that govern the limits of compensation that may be awarded for damages in a personal injury claim. Continue reading to learn more about personal injury damages, including facts about damage caps and similar limitations on personal injury recompense.

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Compensation Limitations for Personal Injury Claims

State laws and various other legal principles have the ability to restrict the amount of money that can be awarded for damages in a personal injury case. These statutes vary from state to state and depend on a wide range of factors. Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages”, which include economic losses, future economic losses, and non-economic losses. See our blog, “A Brief Explanation of Compensatory, Nominal, and Punitive Damages” to learn more about these types of personal injury damages.

Economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, time off work, childcare expenses, home maintenance expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Non-Economic Damage Caps

Generally, state statutes set limits on the amount of money that can be awarded for damages in a personal injury case. These limits are known as “damage caps”, and they differ depending on the state in which the accident took place, type of injury, the scope of loss, and several other relevant factors.

Since economic damages are more concrete, there are not usually compensation limits set by the state. However, non-economic damages and punitive damages are more subjective in terms of evaluation, which is why most states integrate damage caps into the law.

For instance, it is very common practice for states to have a damage cap on medical malpractice cases. Common limits for personal injury cases can range anywhere from $350,000 to $750,000. Although damage caps exist for many personal injury cases, there are exceptions to the rule, such as in the case of wrongful death, loss of limb, and severe injuries.

Punitive Damage Caps

Punitive damages, also known as exemplary damages, are intended to punish the at-fault party, while also setting an example to the public as a deterrent for the particular negligence involved in the case. Generally, the amount of compensation awarded for punitive damages is based on the net worth or wealth of the at-fault party.

However, many states set limits as to how much a tortfeasor can be ordered to pay. These are known as punitive damage caps. States use different formulas and schedules for such caps, including fixed limits, fixed multipliers, and more. For example, a state may set a punitive damage cap at three times the amount of total economic and non-economic damages in a personal injury case.

Are you and injured victim looking for a skilled civil litigator to represent your personal injury case in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned personal injury lawyer in Indianapolis, Indiana. Meet over the phone or in person for a free consultation.

Do I Need a Personal Injury Lawyer if I’m At Fault for a Car Accident?

Posted on December 15, 2021 by Admin

If you were recently injured in a car accident, but you believe the accident was your fault, you might be confused on your rights to compensation for your personal damages. More importantly, you may not actually be to blame for the accident and should know how to protect yourself against such accusations.

Continue reading to learn what you need to know about retaining personal injury representation as an at-fault injured victim.

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Facts About At-Fault Car Accidents

In the case that you were involved in a car accident that left you seriously injured, you would be entitled to certain compensation, whether that be medical care coverage or actual recompense to cover all of your related losses and damages. But in the case that the car accident was your fault, you would also be liable for the damages and losses suffered by the other driver involved in the accident, as well as any economic losses of your own that are not covered by your insurance.

You see, as an insured driver and an individual with health insurance, you would still receive whatever benefits are included in both your auto and health care insurance policies. However, your insurance policy benefits may not be sufficient enough to cover all of the related losses and damages that resulted from the car accident. In this situation, you would be liable to pay these costs out of pocket.

Do Not Admit Fault After a Car Accident

In the case of any car accident, you should never admit fault of any kind. Even if you are sure the accident was your fault and you want to do the right thing by accepting responsibility, you should still keep hush. You might find that the accident actually wasn’t your fault once all the details are revealed.

Being involved in an accident is a scary situation that may cause you confusion, which can also cause you to misinterpret who is at fault. Get yourself the proper medical treatment you need for your injuries, and then speak to an experienced accident lawyer about settling the insurance claim for yourself and the other drivers involved in the accident.

Keep All Conversations Vague But Polite

You must not say too much, but you must be cooperative and friendly. Here’s how to do that:

Do not talk about how the accident occurred.

Do not apologize or say, “I’m sorry”, and do not make any similar statements that could be interpreted as an admission of fault.

Do not participate in any discussions about who is at fault for the accident.

Do not ask or answer questions about the accident, such as “did you not see me?” or “how fast were you driving?”

What You Should Do Either Way

Contacted trusted Indiana personal injury law firm to discuss your accident claim with the knowledgeable and skilled accident attorney who cares about your well-being. They can assess your claim and determine the best strategies for recovering compensation.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free personal injury case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. We serve clients all throughout Indiana.

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The 3 Possible Responses of an Insurance Adjuster in the Injury Claim Process

Posted on December 9, 2021 by Admin

During the personal injury claim process, an insurance company will perform a comprehensive investigation to evaluate your total damages and losses. Once this investigation is complete, the insurance adjuster will respond to your demand letter in one of three ways.

Continue reading to learn the 3 possible outcomes when dealing with an insurance adjuster, and more importantly, how to protect your rights to a full and fair settlement in Indiana.

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Insurance Adjusters are Not Your Friend

When it comes to personal injury claims, it is important to understand that insurance adjusters are not on your side. In fact, insurance companies rigorously train their adjusters in specialized tactics meant to reduce the value of a victim’s claim, and adjusters will utilize every ploy they can to achieve this goal. They will even check social media profiles, speak with witnesses, contact friends and family for character testimony, and much more. They are basically corporate investigators who aim to pay out as little as possible for a personal injury claim.

When speaking with insurance adjusters, it is important to not give up too much information. In fact, you should already be represented by an Indiana personal injury lawyer at this point in the process. A civil litigator can protect you from being taken advantage of during the insurance adjuster interview and negotiation process. Anything can be misconstrued as something valid enough to lower the value of your claim, so it is best to be under the reading of a seasoned attorney before discussing your accident and injuries with an insurance adjuster.

Demand Letters

A demand letter is something that you can send into the insurance company to demonstrate your economic and non-economic damages and losses that occurred as a result of the accident. It is used as a foundation to negotiate compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Demand letters are quite complex, and critical to the overall negotiation process, which is why it vital to have a skilled Indiana personal injury law firm to arrange one for you. After receiving the demand letter, the insurance company will move forward with a full investigation of your claim. Once the investigation is over, the insurance adjuster assigned to your case will respond in one of three ways:

➀ They will offer the full amount of compensation requested.
➁ They will offer you less money than requested.
➂ They will offer zero compensation and deny your claim entirely.

Was Your Personal Injury Claim Denied?

If your claim is denied by an insurance adjuster because they allege you are the responsible party according to state laws, the first thing you need to do is contact an Indianapolis accident lawyer for help. On your behalf, they will take the necessary steps to negotiate your rights to the full and fair compensation you deserve after being wrongfully injured in an accident. If the insurance company still refuses to offer a fair settlement, they will take your case to trial.

An adjuster is not a lawyer or legal professional; they are simply insurance company employees. This means that they may have a broad idea on the law in regard to their particular job role and the cases they oversee, but they do not have detailed knowledge of the law. They cannot possibly know whether or not you are truly 100% liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced personal injury lawyer to navigate your claim.

Are you looking for a trusted civil litigator to help you recover the compensation you deserve after a wrongful accident? Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana pedestrian accident lawyer you can trust. Our law firm serves clients all throughout the state of Indiana.

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Monthly Archives: December 2021