Fishers Personal Injury Lawyer

Were you hurt in a car accident, slip and fall, or other type of accident caused by someone else’s negligence? If so, you may have the right to pursue compensation from the at-fault party for the medical expenses, lost wages, pain, suffering, and other losses you experienced. However, the at-fault party and their insurance company will not make the process easy. 

If you were hurt because of someone else’s negligence, a Fishers personal injury lawyer with Fountain Law Firm, P.C. Our attorney, Merry Fountain, is a former personal injury victim, so she knows firsthand what you are going through and the type of assistance you need. Contact us today for a free case review. 

How Can a Personal Injury Lawyer in Fishers, IN Help?

Personal injuries can be difficult to deal with. You might be experiencing symptoms and complications that adversely affect your life. You are probably concerned about your ability to cover medical expenses and other losses while you are out of work. At the same time, you still have all of your other life responsibilities to deal with. 

A Fishers personal injury lawyer can handle every aspect of your case, including:

  • Investigating how the accident happened and who is responsible for it
  • Reviewing all insurance policies that apply to the accident and dealing with insurance companies so you can focus on your recovery
  • Gathering evidence, including photos and videos of the accident, property damage, witness statements, and accident reports
  • Analyzing medical records, wage loss statements, and other records to accurately calculate your damages
  • Filing your claims in a prompt manner after we have gathered all of the necessary information to negotiate from a position of strength 
  • Preparing a demand package that incorporates the evidence, damages calculations, and legal theories we have identified as being the most likely to render a positive result
  • Negotiating for a fair settlement of your claim and litigating your case if a fair settlement cannot be reached

We will provide you with compassionate and personalized legal advice and representation. Contact us to learn more about how we can help.

What Is a Personal Injury?

Personal injury claims arise under various circumstances. Most personal injury claims are based on the legal theory of negligence, meaning that someone acted carelessly by violating some legal duty, causing another person harm. Other personal injury claims are based on reckless or intentional misconduct. For any of these injuries, personal injury victims have the right to pursue compensation for the harm they suffered. 

Common Causes of Personal Injuries

At Fountain Law Firm, P.C., we focus exclusively on personal injury cases. We help people who were injured or lost loved ones in the following types of accidents:

Car Accidents

Every year, thousands of people in Indiana are injured in car accidents. Our Fishers car accident lawyer team handles all types of car accident cases, including:

  • Head-on collisions
  • Rear-end collisions
  • Hit-and run accidents
  • DUI accidents
  • Rideshare accidents
  • Texting and driving accidents

If you were injured or lost a loved one in any of these types of car accidents, we want to help. Call us today to learn more about your legal rights and options during your free case consultation. 

Truck Accidents

One of the factors that make truck accidents more complicated than other types of motor vehicle accidents is that more than one party may be to blame for the accident. Depending on the circumstances, possible liable parties include the truck driver, trucking company, truck owner, cargo-loading company, mechanic, or manufacturer. Truck accidents can occur for various reasons, including:

  • Speeding
  • Fatigued driving
  • Mechanical failure
  • Wide turns
  • Overcorrecting 
  • Not looking in blind spots
  • Impaired driving
  • Driving too fast for weather conditions
  • Distractions
  • Shifting cargo
  • Vehicle defects
  • Inexperienced drivers

If you were injured in a truck accident, our team can conduct an in-depth investigation to determine how the accident occurred and who is responsible for it. 

Motorcycle Accidents

According to the Indiana University Public Policy Institute, 138 people died in motorcycle accidents in Indiana in 2020, a 23% increase from the number of fatalities the year before. Additionally, 1,969 people were injured in Indiana motorcycle accidents.

When motorcyclists survive these collisions, they often suffer catastrophic injuries, including:

If you were injured in a motorcycle accident, the most important thing is your recovery. You can trust us to handle the details of your claim. 

Premises Liability 

Premises liability refers to the legal responsibility of a property owner or manager. If property owners fail to properly maintain their properties and someone is injured as a result, the property owner can be held liable for the resulting harm. 

Premises liability includes various types of claims, including:

  • Slips and falls
  • Negligent security incidents
  • Swimming pool accidents
  • Elevator and escalator accidents
  • Dog bites

Because demonstrating the property owner’s failure to maintain the property and knowledge of dangerous conditions on the property, a thorough investigation is often necessary for accident victims to recover the compensation they need and deserve. 

Bicycle and Pedestrian Accidents

Our firm also handles cases involving pedestrian accidents and bicycle accidents. Pedestrians and cyclists are often injured because of the negligence of drivers who:

  • Fail to yield the right-of-way
  • Turn into them at a crosswalk
  • Drift into their lane
  • Open doors into the oncoming pathway of cyclist
  • Fail to keep a proper lookout for them
  • Was distracted, fatigued, or impaired

When you are injured because of the negligence of others, you deserve to be fairly compensated by the party at fault for your accident injuries.

Who Is Responsible for My Injuries?

Various parties could potentially be responsible for personal injury incidents. Depending on the circumstances, possible liable parties could include:

Negligent Motorists

Negligent car drivers, truck drivers, ATV drivers, and motorcyclists can cause auto accidents and be held responsible for the injuries they cause. Commonly, these claims are filed with the at-fault driver’s liability insurance provider. If you are injured in an accident with an uninsured or underinsured motorist, you may file a claim with your own auto insurance provider.  

Property Owners

When property owners fail to maintain their property in a safe condition and a visitor is injured as a result, the injured party may have a claim against the property owner. In some cases, a party leases the property from the owner and may assume responsibility for maintaining the property and might be responsible for injuries that occur 

Employers

Employers can be held responsible for their own negligence, such as hiring unqualified workers or failing to establish proper precautions. They can also be held responsible for the harm caused by their employees due to vicarious liability principles.

Companies

Companies can be held responsible for negligence, such as companies such as negligently loading trucks, or otherwise act in a negligent manner. 

How Can I Prove Negligence in a Personal Injury Accident?

There may be various pieces of evidence that can help establish negligence, such as:

  • Accident and incident reports
  • Physical evidence, such as skid marks and property damage
  • Witness statements 
  • Receipts, bills of lading, hour logs, maintenance records, inspection records, and other documented evidence
  • Photos and videos of the accident scene 
  • Medical records that show injuries consistent with the accident
  • Reports and visual demonstrations prepared by accident reconstruction experts

Proving negligence usually involves conducting a thorough investigation and carefully analyzing the evidence. 

Compensation Recoverable in Indiana Personal Injury Cases 

In Indiana, personal injury victims can seek compensation for the full value of damages or losses they suffer in accidents caused by the negligence of others, including:

Economic Damages 

Economic damages have a direct financial link. Depending on the circumstances, economic damages that may be recoverable in personal injury cases include:

  • Medical expenses, including emergency treatment and transportation, surgical costs, medical devices, medication, ongoing treatment, future anticipated medical expenses, physical therapy, and rehabilitation
  • Lost wages and employment benefits for time off work caused by the injuries
  • Any reduction or loss in future earning capacity
  • Costs to repair or replace personal property damaged in the accident 

Recipes, invoices, and estimates can help prove the value of these damages. For more complex calculations, such as determining lost earning capacity, economic experts might testify to establish the value of these losses.

Non-Economic Damages

Non-economic damages are not directly tied to economic losses. Instead, they compensate personal injury victims for losses such as:

  • Physical pain and suffering
  • Mental anguish
  • Emotional distress
  • Permanent disability
  • Scarring or disfigurement
  • Loss of consortium

These damages are difficult to quantify, but a lawyer can present evidence to convince juries to properly value them.

Punitive Damages

Punitive damages are not awarded in wrongful death cases or most personal injury cases in Indiana. Punitive damages are intended to punish the wrongdoer, rather than compensate the victim. The plaintiff must prove the defendant acted with willful or wanton misconduct, which is beyond ordinary negligence. 

If punitive damages are sought, Indiana law requires the plaintiff to prove the facts of the case by clear and convincing evidence. This is a higher burden than in most civil claims, which is by the preponderance of the evidence, which means that facts are more likely than not as the plaintiff alleged. 

FAQs

What Should I Do After a Personal Injury Accident?

There are steps that you can take after a personal injury incident, regardless of the type of accident, including:

  • Report the accident. This may be to law enforcement or the property owner, depending on the circumstances. 
  • Seek immediate medical attention if you suffer any injuries.
  • Get information from the party you believe was at fault for your injuries, 
  • Ask any witnesses for their names and contact information. 
  • Take photos and/or videos of the accident scene and factors that might have contributed to it.
  • Contact an experienced personal injury lawyer to learn more about your next steps.

Can I File a Personal Injury Claim if I Was Partially at Fault?

Many accident victims mistakenly believe that if they contributed to the accident to any degree they cannot recover any compensation from the negligent party. This is not the case. Under Indiana law, personal injury victims can still pursue compensation even if they contributed to the accident as long as their degree of fault is not greater than the defendant’s. However, your compensation is reduced by the percentage you are found at fault for the accident. For example, if you suffer $50,000 of damages and you are found to be 10% at fault, your compensation can be reduced by $5,000. 

What If I Can’t Afford a Lawyer?

Many personal injury victims are concerned that they cannot afford a lawyer, so they simply let the deadline to file the claim pass. However, at Fountain Law Firm, P.C., we take cases on a contingency-fee basis, meaning that you do not have to pay us anything upfront. Instead, you only pay us a percentage of any winnings we obtain on your behalf. So, you don’t have to worry about affording a lawyer. We can get to work immediately on your case while you focus on your recovery. 

What Is the Time Limit to File a Personal Injury Lawsuit in Indiana? 

In Indiana, the statute of limitations to file most personal injury cases is two years. This deadline usually begins on the day after the accident. While you may think two years is plenty of time to file a personal injury lawsuit, the time may run out before you know it. Also, your lawyer will need time to investigate the accident, gather evidence, calculate your damages, and try to negotiate a settlement before considering filing a personal injury lawsuit. Don’t lose your right to pursue compensation. Contact a skilled Fishers personal injury lawyer today who can protect your rights. 

Contact Our Fishers Personal Injury Lawyer for Help with Your Case

If you were hurt in a car accident, truck accident, slip or fall, or other accident caused by someone else’s negligence, a nearby Fishers personal injury lawyer from Fountain Law Firm, P.C.  can help. We provide a free case review in which we can explain how we can help and inform you of your legal rights. Contact us online or call us today to get started with your free case review.