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What should I do?
If you or a family member has been injured in an accident, your primary concern is
the treatment and recovery of the injured person. Additional concerns also arise regarding
payment of medical bills, loss of wages, and other expenditures. There is no doubt that
those are legitimate concerns for you or your family member.
Unfortunately, however, if the accident was caused by the fault of another, their
main concern is to reduce the cost and exposure that they owe as a result of the accident.
As such, it is equally important for you or your family member to begin protecting your
rights as soon as possible.
If you or your family member has been injured as a result of an accident, medical
attention should be sought as promptly as possible. An examination should be done even if
you are only experiencing some "soreness" or a "headache." Those
symptoms can be indicators of more serious problems which, if left untreated, can develop
into serious injuries. Moreover, insurance companies generally do not dispute the
reasonableness and necessity of an ambulance run or an initial medical examination if it
occurs shortly after the accident. However, the longer a person delays, it is more likely
that an insurance company will assert that the expenses were not accident-related.
You should limit your conversations concerning the facts of the accident to only
those individuals who are required to obtain information, such as a police officer or the
treating physician. Additionally, you may also want to consider informing your own
insurance carrier that an accident has occurred and that you were injured.
In most cases, shortly after the accident, the injured person will be contacted by
a representative of the other party's insurance company. You are rarely, if at all,
required by law to provide a statement to another person's insurance company, their
adjustor or investigator. When contacted, you will be asked to provide a statement or to
fill out a report so that they can "carefully consider your claim" or " so
it can be quickly resolved." Remember, the insurance company's primary concern is to
reduce costs and expenses. Any statement or information provided by you concerning the
facts of the accident or the injuries may be used in court. Careful consideration must be
given as to the information provided to the other party's insurance company.
In addition to obtaining treatment and reporting the accident to the appropriate
authorities, immediate attention must be given to preserving evidence of the accident. For
example, photographs may need to be taken and witnesses need to be identified.
Additionally, other investigatory tasks may be necessary to protect your rights. A short
delay may cause significant problems in obtaining a just recovery.
Never assume that the other party will admit that the accident was their fault and
that no dispute will exist on that issue. Unfortunately, due to the traumatic impact that
an injury has on an individual and the family, immediate attention is not given to the
investigation of the accident and, as a result, can result in the loss of important
evidence. Do not let this happen to you or your family.
The attorneys at Danks & Danks can help you during these troublesome times. By
retaining their services you can devote more time to your primary goals of treatment,
care, and recovery while getting the representation you or your family member deserves.Back to Top
Should I get an Attorney?
Whenever an attorney is asked by someone whether he/she should have legal
representation, it is almost certain that the attorney will answer "yes".
Although this answer may seem to be self-serving, it is good and appropriate advice. The
advice recognizes the complexity of the legal system and that it takes a trained
professional to protect your best interests.
An injured person's rights are determined by the applicable law of the jurisdiction. The
applicable law may consist of federal or state statutes, regulations, ordinances, and
prior case law. The law also addresses the admissibility of evidence, legal procedures
necessary to assert your claim, and the time period during which you must initiate the
procedure or be forever barred from asserting your claim. Indeed, in some situations, the
time- period for asserting a claim is relatively brief. As such, the law can present a
complex web that may trap the unwary.
Insurance companies recognize the soundness of the advice of retaining counsel, and
they employ many attorneys. Not only do they have lawyers on a retainer, most companies
have "in house" attorneys who work solely for the company. This fact is equally
true, to various degrees, for private corporations and governmental entities. Indeed,
depending on the circumstances of the accident, the other side may have discussed the
matter with an attorney within a few hours after the incident. Obviously, those groups
think that it is important to get an attorney involved to protect their interests.
The one advantage that you have over those entities is that at Danks & Danks your
initial consultation is free. You will speak with an attorney, rather than a paralegal or
an investigator, about your case. At the conclusion of the conference, the attorney will
then provide you with some options for your consideration. If an agreement is reached
wherein Danks & Danks becomes your attorney, you will not be required to pay any
money, not even court costs, until you have been compensated for your injury. In other
words, if there is no recovery there is no fee.
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What is Owed to Me?
When you or a family member are injured as a result of an accident caused by the
fault of another, you may be entitled to the following damages: past and future medical
expenses, loss of income, loss of earning capacity, loss or injury to property, rental
costs, past and future pain and suffering, permanent disfigurement, permanent disability,
and/or loss of health.
Additionally, if your spouse has been injured, you may be entitled to loss of services.
Likewise, when a child is injured, you may be entitled to an award for loss of services in
addition to the damages incurred by the child.
Under Indiana's Wrongful Death Act, recoverable damages are treated somewhat differently.
However, generally speaking, they do not differ greatly except in those cases where the
deceased is an unmarried adult with no dependents.
In the case of a wrongful death of a child, Indiana law has changed during the recent
years. In the past, the parent could not recover for the loss of the love and affection of
the child. Currently, the loss of love and affection of a child is considered a proper
element of damages.
There is no fixed rule or exact standard by which damages can be measured in a personal
injury case. Moreover, the amount to be awarded depends significantly on the facts and
circumstances of each particular case. It is imperative that documentation be obtained to
support your claim for damages.
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What Will They Do?
An insurance company's goal is to reduce expenses and
exposure resulting from claims asserted by personal injury victims. They are trained in
accident investigation techniques that elicit the evidence most favorable in reducing
their liability. Moreover, they are experienced in an attempt to achieve a settlement
favorable to the company.
The insurance company will begin preparing for the defense of its case immediately upon
notification of the accident. They will create a file on the accident and assign an
"adjustor" whose responsibility is to complete certain tasks, such as
photographing the scene and taking witness statements, within a relatively short period of
time. Additionally, the adjustor may be consulting with an attorney or an expert to
further aid their defense. They may also be contacting organizations to learn of your past
medical history or may be checking public documents in order to learn as much about your
background as possible.
Remember, this activity may be occurring while your family member is in the hospital or at
home attempting to recover.
Even if the insurance company "decides" that you deserve some compensation, they
will attempt to settle the claim as low as possible. Every adjustor has their own style of
achieving a result. While some adjustors will be gruff and attempt to belittle the claim,
most adjustors have learned not to take that approach since it often results in the
retention of an attorney by the injured victim.
Most adjustors try to present the appearance that they are cooperating and working with
you. Remember an insurance company's interests in your claim is adverse to your interests
of receiving maximum compensation. Thus, an offer presented as being reasonable and
appropriate may, in fact, be substantially lower than what the insurance company has paid
to others with similar injuries or lower than what you deserve.
If you accept the amount and sign a release, which can be printed on the check or by
separate document, you are probably forever barred from asserting a claim in the future,
even if you experience additional medical problems resulting from the accident. If you
decide not to use an attorney to present your claim, you should strongly consider
retaining an attorney, before signing any documents or checks to discuss the ramification
of the settlement.
The attorneys at Danks & Danks are aware of and can anticipate the tactics that will
be used by the insurance company in defense of the claim. Moreover, they are familiar with
the factors used by the company to evaluate how much money to pay and to determine which
cases they would rather settle than go to trial. If Danks & Danks represents you or
your family member, they will use that experience and knowledge to help you obtain a just
resolution to your claim as quickly as possible.
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Danks & Danks
Our goal is to help you or your family member obtain a just resolution to
your claim as quickly as possible. To do so, investigations, legal research and document
preparation will be done in a manner to present a strong and favorable claim on your
behalf. Moreover, if the other side is being unreasonable, the attorneys at Danks &
Danks have the necessary experience to present your case to a jury or, if appropriate, to
an arbitration panel or a mediator. Although it is generally believed that most attorneys
are willing to try a case to a jury, this may not, in fact, be correct. If the other side
is aware that the attorney would rather settle than try the case, they will use this
knowledge to their advantage in negotiations.
In personal injury matters, the initial consultation is free. Moreover, you will not be
required to pay any money for fees or expenses until you have received a recovery. In the
event there is no recovery, there will be no fee.
The Offices of Danks & Danks are conveniently located near the courthouse and have
ample parking available. If you or your family member cannot come to the office, contact
Danks & Danks at 426-1000 and arrangements will be made for the attorney to come to
you. At Danks & Danks, you will always speak directly with an attorney about your case
rather than a paralegal or an investigator.
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