Typically, we don’t consider hiring a lawyer if we’re involved in an accident without suffering any injuries. However, when an incident does result in a personal injury, securing experienced legal representation can be greatly beneficial. For slip and fall accidents, dog bite injuries, and other types of personal injury cases, a lawyer can help ensure that fair settlement is recovered from the responsible party’s insurance. With that in mind, let’s take a look at a few different considerations for Merrillville personal injury claims.
Car Accidents: Uninsured and Underinsured
In Indiana, one out of seven drivers are uninsured. Another percentage of drivers are likely underinsured, as the state minimum is 25/50/25—$25,000 per person, $50,000 per accident, and $25,000 for property damage. In auto collisions with more severe Merrillville personal injury claims, these minimum liability limits, or an uninsured motorist policy, would be insufficient to cover the full extent of damages for medical care, lost wages, pain and suffering, and long-term rehabilitation expenses.
If you are injured in a Merrillville car accident you need to consider that:
- An insurance settlement may not cover economic and non-economic damages.
- Once an insurance settlement after a car accident is accepted you generally cannot seek more later.
- The statute of limitations to pursue a case starts with injury discovery.
- Your injury may not manifest itself until after the accident.
If you are injured in a car accident caused by the negligence of another, consult with a Northwest Indiana injury lawyer from Lerner and Rowe to help you file a Merrillville personal injury claim.
Workers’ Compensation Cases
Each employer is responsible for having workers’ compensation, a type of insurance. There is this thing called the “exclusive remedy” rule. You can’t sue an employer if you are injured under most circumstances, unless your employer’s negligence led to your injury. But it’s hard to sue for a workplace injury. Your personal injury lawyer can help you with a workers’ compensation case.
Here are some things to think about if you are injured at work:
- Report your injury immediately (30 days max under Indiana law).
- Follow your company’s instructions for reporting an injury.
- For lost wages, you might get temporary disability or permanent disability.
- You generally have two years to report a claim to the workers’ compensation system.
Late reporting can lead to claim denial. If your claim is unfairly denied, you can appeal. A lawyer is helpful in these situations.
Merrillville Personal Injury Claims after a Slip and Fall
Most businesses have liability insurance to protect them from slip and fall accidents. However, without a lawyer, getting relief for a slip-and-fall can be difficult.
Here is how a slip-and-fall accident typically plays out:
- After an injured party has received medical treatment, the property owner or business receives a notice.
- The insurance company for the property will conduct an investigation into the accident and make a settlement.
- The plaintiff’s law firm will also conduct an investigation.
- The insurance company will make an offer to the plaintiff and the case could escalate into a lawsuit.
How Are Insurance Companies Expect to Behave in Indiana?
Indiana has the Indiana Unfair Claims Settlement Practices Act to protect both the plaintiff’s and defendant’s interest. Here is how the insurance company is expect to behave when dealing with Merrillville personal injury claims:
- The insurance company must protect the policyholder. As a plaintiff, your insurance company will protect you.
- Investigation on the case should commence in a reasonable amount of time of the claim being acknowledged (30 days). There is no set time for the investigation to take place.
- The insurance company must update the plaintiff every 45 days if they do not have a decision on the claim.
- Denials and payouts must be made within 45 days and 30 days, respectively.
The insurance company cannot act in bad faith, but they can act to preserve their defendant’s interests to minimize the claim. As such, they may try to use a deceptive tactic such as delay, deny, or defend to reduce a payout.
What to Do If You Are Injured in an Accident?
After you have received medical attention, there are a few things that you should do when it comes to dealing with the other party’s insurance company:
- Don’t accept an offer right away until you’ve consulted with a lawyer.
- If you are injured in a car accident, consult your own insurance company. They have resources that you can take advantage of.
- Do not discuss your injuries until you have consulted with a doctor and your lawyer.
- Make sure to think clearly about an insurance settlement. Once you accept a settlement, you cannot pursue a case any further.
- Don’t agree to a recorded statement until after you’ve spoken with your lawyer.
The most important thing to remember when dealing with the other person’s insurance company is that anything you say can be used to minimize your claim.
How Lerner and Rowe Lawyers Help with Merrillville Personal Injury Claims
It makes sense to get a lawyer for Merrillville personal injury claims, based upon the parameters of Indiana’s insurance law. The primary objective of an insurance company is to protect their policyholder. In litigation and negotiation, their lawyer will be there. If you are injured in an accident and are working through the complexities of another insurer, get help from Lerner and Rowe on your case.
You can reach Lerner and Rowe’s Merrillville personal injury team in Northwest Indiana 24/7 at 219-999-0122. Call to schedule your free consultation today. Or fill out this FREE online form. You also have the option to reach out via LiveChat, where professional representatives are available to schedule your appointment. Take the first step towards the settlement that you deserve and reach out to us today.
The information on this blog is for informational purposes only. It is not meant to serve as legal advice for an individual case or situation. This information is not intended to create an attorney-client relationship nor does viewing this material constitute an attorney-client relationship.