Blog | Wilson & Novak Law Offices

Indiana Wrongful Death Law FAQs

Fri, 21 Nov 2025 17:40:13 GMT

Frequently Asked Questions About Indiana Wrongful Death Law

Losing a loved one is never easy, and when that loss results from someone else’s negligence or misconduct, the grief can feel even heavier. Indiana law allows surviving families to seek justice and financial relief through a wrongful death claim. At Wilson & Novak , our compassionate legal team helps families understand their rights, hold negligent parties accountable, and pursue the compensation they deserve. Below, we’ve answered some of the most common questions about wrongful death cases in Indiana.

What Is a Wrongful Death Under Indiana Law?

A “wrongful death” occurs when a person dies because of another party’s negligent, reckless, or intentional conduct. Under Indiana Code § 34-23-1-1 , a wrongful death claim is essentially a personal injury case that the deceased could have filed had they survived.

Common examples include:

Fatal car, truck, or motorcycle accidents;
Workplace or construction site incidents;
Dangerous property conditions;
Nursing home neglect or medical errors; and
Defective or dangerous products.

Each case requires showing that someone else’s wrongful act or failure to act caused the death and that surviving family members suffered losses as a result.

Who Can File a Wrongful Death Claim in Indiana?

The legal right to file depends on whether the deceased was an adult or a minor. For adults, the personal representative of the estate, appointed through probate, must file the lawsuit. The personal representative brings the case on behalf of the surviving spouse, children, or other dependents.

For children, either parent may file the claim, or both parents may file jointly. If the parents are divorced, the custodial parent can file; if both are deceased or their rights have been terminated, the child’s guardian may bring the case.

Understanding who can file is one of the first steps in protecting your family’s rights, and our attorneys at Wilson & Novak can guide you through this process from the beginning.

What Compensation Is Available in a Wrongful Death Case?

Damages vary depending on the relationship between the deceased and the surviving family.

In general, Indiana law allows recovery for:

Medical and hospital expenses related to the injury or illness that caused the death;
Funeral and burial costs;
Lost earnings and benefits the deceased would have provided;
Loss of love, care, and companionship for spouses and children; and
Loss of guidance and education for surviving children.

Indiana also places certain limits on non-economic damages in some cases, such as a $300,000 cap for the wrongful death of a non-dependent adult.

How Long Do Families Have to File a Wrongful Death Claim?

Under the Indiana statute of limitations , families have two years from the date of death to file a wrongful death lawsuit. Missing this deadline could result in losing your right to pursue compensation.

If the death involved a government entity, such as a state or city agency, special notice requirements and shorter timelines may apply. Because these deadlines are strict, it’s essential to consult with an attorney as soon as possible after a loss.

How Are Wrongful Death Settlements Distributed?

Indiana law sets clear rules for distributing wrongful death compensation:

For adults, damages first pay medical, hospital, and funeral expenses. The remaining funds are then divided among the surviving spouse, dependent children, or other dependents.
For children, damages go to the parents equally if they are married, or to the custodial parent if divorced.
If there are no dependents, the estate can only recover for funeral and medical costs.

A court may need to approve how the settlement is divided to ensure it’s fair to all eligible beneficiaries.

How Long Does a Wrongful Death Case Take?

Every case is different. Some settle in a few months if liability is clear and insurance coverage is available. Others, particularly those involving multiple defendants or disputed facts, can take a year or longer.

At Wilson & Novak, we focus on keeping clients informed every step of the way. Our attorneys work efficiently but never rush a case at the expense of full and fair compensation. We prepare every claim as if it will go to trial to strengthen our negotiating position.

Why Hire a Wrongful Death Attorney?

While families can technically file a wrongful death claim without legal counsel, these cases often involve substantial evidence, procedural steps, and legal deadlines that can be overwhelming during a time of grief.

A dedicated attorney can:

Investigate the cause of death and identify liable parties;
Collect and preserve critical evidence before it’s lost;
Work with accident reconstructionists and financial experts;
Handle all communication with insurers and defense attorneys; and
File your claim within all applicable deadlines.

The team at Wilson & Novak manages these details so you can focus on your family and healing.

What If the Deceased Left a Will?

A will does not prevent a wrongful death claim. It simply determines who serves as the personal representative and how assets, including any wrongful death recovery, are distributed through the probate process. Generally, wrongful death proceeds are not subject to the deceased’s debts and are distributed directly to the beneficiaries. Your Indiana wrongful death attorney can coordinate with the estate’s representative to ensure compliance with all probate court requirements.

Are Wrongful Death Damages Taxable?

In most cases, no. According to IRS rules, settlements or verdicts compensating for physical injury or death are not considered taxable income. However, punitive damages or interest earned on the award may be subject to taxation. Your attorney and tax advisor can help you plan accordingly.

Why Choose Wilson & Novak to represent your family in a wrongful death lawsuit?

At Wilson & Novak, we understand that wrongful death cases are deeply personal. Our firm is built on the belief that families deserve compassion, clarity, and strong advocacy in the aftermath of tragedy. We provide the personalized attention of a small firm, backed by the resources and experience necessary to achieve meaningful results.

We handle every aspect of your claim, from investigating liability to negotiating with insurers to representing you in court if necessary. Our goal is to obtain justice for your loved one while easing the financial and emotional strain your family faces. When you choose our firm, you gain a team committed to protecting your family’s future and honoring your loved one’s memory.

Speak with Our Indiana Wrongful Death Attorneys Today

If your family has lost someone because of another person’s negligence, you do not have to face the legal process alone. Let Wilson & Novak guide you through every step and fight for the compensation your family deserves under Indiana law.

For compassionate support and a free case analysis, please request a free consultation .

Legal Options After a Fatal Car Accident in Indiana

Fri, 15 Aug 2025 15:23:26 GMT

What Indiana families should know when pursuing a wrongful death claim after a fatal crash.

When someone you love is killed in a car accident caused by another driver's negligence, your world changes forever. Nothing can bring back your family member, but you shouldn't have to face financial devastation on top of your emotional pain.

At Wilson & Novak Law Offices, we understand the tactics insurance companies use because we've been on both sides of these cases. Our Indiana car accident attorneys previously worked for insurance companies, fighting to deny claims and minimize payouts. Now we use that insider knowledge to aggressively pursue maximum compensation for families who have lost loved ones due to someone else's reckless behavior.

Understanding Wrongful Death Claims After a Fatal Car Accident in Indiana

A wrongful death claim gives families the legal right to seek compensation when their loved one dies due to someone else's negligent, reckless, or intentional actions. If the victim could have filed a personal injury lawsuit had they survived, then the family can pursue a wrongful death case.

Fatal car accidents often result from preventable causes like drunk driving, distracted driving, speeding, or failure to follow traffic laws. When drivers make these dangerous choices and someone dies as a result, the law provides a way for families to hold them accountable.

Who Can File a Wrongful Death Lawsuit in Indiana?

State laws determine who can file wrongful death lawsuits and who can receive compensation, and it varies from state to state. In Indiana, only the estate’s personal representative can file a claim. However, any compensation will then benefit qualified parties, including the surviving spouse, children, or other dependents.

Types of Compensation Available to Families

Wrongful death cases can recover several different types of damages that recognize the various ways losing a family member affects survivors. Further, Indiana makes certain compensation available to claimants based on their relationship with the victim.

Lost income and benefits – Includes the earnings the victim would have provided throughout their working life, plus benefits like health insurance, retirement contributions, and other financial advantages.
Value of household services – Childcare, home maintenance, financial management, and elder care provided by the deceased.
Medical and funeral expenses – Final bills and burial costs, which can be substantial.
Loss of companionship and guidance – Emotional suffering, loss of support, and for children, loss of parental care and guidance.

How Insurance Companies Minimize Fatal Accident Claims

Insurance companies use tactics to reduce wrongful death payouts, often taking advantage of grieving families. They may question the victim's value, dispute fault, and use delaying tactics.

Because our attorneys have worked for insurance companies , we know their strategies. We aggressively counter their arguments, present evidence of your loved one's contributions, and prove fault through thorough investigation.

Why a Thorough Investigation is Critical

Fatal car accident cases require swift and comprehensive investigation to preserve evidence and build strong claims. Our team conducts:

Accident scene analysis
Vehicle examinations
Electronic data reviews
Witness interviews

We work with experts to examine vehicle damage, analyze impact patterns, and determine factors like speed and direction — building a persuasive case that secures justice for victims’ families.

Dealing With Multiple Insurance Companies

Fatal car accidents often involve multiple insurance policies and companies. The at-fault driver's liability insurance is usually the primary source of compensation, but there may be others:

Commercial policies if the driver was working
Umbrella policies for additional coverage
Your own underinsured/uninsured motorist coverage

Our team identifies every potential source of recovery so your family isn’t left with uncovered losses.

Why Our Experience Fighting Insurance Companies Matters

Members of our team once defended insurers, so we know exactly which evidence they fear most, how they calculate exposure, and the language that moves adjusters.

That insider knowledge lets us build cases that neutralize their defenses and present proof in formats that maximize payouts.

We’ve worked for insurance companies in the past — now we use that knowledge to fight for the compensation families deserve throughout Northwest Indiana.

Get the Representation Your Family Deserves

Losing a family member in a car accident is devastating, but you shouldn't have to fight insurance companies alone. At Wilson & Novak Law Offices , we:

Work on a contingency fee basis — no fees unless we win
Offer aggressive representation backed by insider insurance knowledge
Serve clients throughout Merrillville , Crown Point, Valparaiso, Schererville, and all of Northwest Indiana

Contact Wilson & Novak Law Offices today at 219-757-0225 or online to learn how we can help your family secure the justice and compensation you deserve.

Calculating Future Losses for a Long-Term Injury

Tue, 22 Jul 2025 18:46:13 GMT

At Wilson & Novak Law Offices we look at the big picture to make sure you get as much compensation as possible for your injury.

Most people picture a personal injury claim as something temporary – a broken leg, a totaled car, or maybe a few months of physical therapy. However, the decades of financial fallout that come with serious, long-term injuries can be devastating.

At Wilson & Novak Law Offices, we have seen how insurance carriers work from the inside. Before fighting for people like you, our attorneys were defending corporations and insurance companies. We understand how those businesses undervalue the lifelong consequences. We also know exactly how to hold them accountable for future losses that may not fully surface for years to come.

Long-Term Impact Is Not a Guess – It Is a Projection

Future losses are not listed neatly on a hospital bill. They require more than receipts – they demand projection, calculation, and strategic presentation. A personal injury lawyer will create a comprehensive financial picture that encompasses everything from future surgeries to diminished lifetime earning potential.

The process starts with evaluating the trajectory of your injuries. Medical records, long-term care assessments, and consultations with rehabilitation providers all paint a realistic picture of the path forward. A skilled personal injury attorney, who has your best interest in mind, will use that path to translate your future into dollar figures that the insurance carrier cannot dismiss with a lowball offer.

That projection must be tied to your circumstances. No two injuries affect people the same way. What matters is not how an average worker recovers – it is how you will live, earn, and spend differently because of what happened. An experienced personal injury lawyer will build your case around those personal changes, not generic averages or assumptions.

If Your Career Path Looks Different, That Has a Price

If you worked in a physical field – construction, manufacturing, landscaping – your injuries may permanently close the door on that work. However, even for white-collar workers, chronic pain , fatigue, and medication side effects can mean fewer hours, missed promotions, or a complete career change. A personal injury attorney will factor in what your career would have looked like if you had not been injured.

That means considering your age, education, and career trajectory before the incident. A lawyer will build a case showing not only your current losses, but also the raises you will never get, the retirement contributions that stop early, and the job opportunities you will have to pass up. Those projections are not inflated – they are built on your real-world potential, with supporting documentation to back every number.

An attorney will also factor in inflation and economic changes over time. A settlement that seems reasonable today will not mean much twenty years from now if it does not grow with the cost of living. At Wilson & Novak, we incorporate real data, not speculation, into these calculations to make sure the financial settlement reflects the world you will live in.

Medical Costs Do Not End with the Hospital Discharge

Ongoing physical therapy, prescriptions, follow-up procedures, assistive equipment, and even home modifications all add up. Insurance companies like to treat these needs as one-time events, hoping you will settle for a lump sum that does not carry you through the long haul. Our personal injury lawyers will not let that happen.

A Wilson & Novak Law Offices attorney will anticipate those costs based on your diagnosis and prognosis. Will you need a wheelchair ramp or handrails installed in your home? Will you need in-home care ten years from now as your condition declines? We will press for those needs to be addressed upfront, not ignored in favor of short-term budgeting.

That is where our background in defending insurance companies becomes so beneficial. We know how they try to cut corners and push back on "speculative" claims. We also know how to build strong, credible projections that do not leave room for dismissal.

We will work to make sure your future medical costs are not framed as an afterthought – they will be central to the case we present.

Your Pain Is More Than a Line Item

Pain and suffering cannot be measured with a calculator, but that does not mean they are subjective or optional. Chronic pain affects your sleep, mood, relationships, and your ability to enjoy life. A personal injury attorney will quantify that impact, not by using empty slogans, but by building a case that shows how your daily life has changed.

That might include documenting your inability to participate in activities you once loved or the way your injury has changed your role as a parent or partner. Our team will gather statements from family, colleagues, and healthcare providers to show the depth of your loss, not just physically, but emotionally and psychologically. That lived experience becomes a key part of your claim.

Our attorneys will not rely on cookie-cutter language. We understand that your story is specific. That is why we take time to know the full scope of your injury, not just the medical terms, but what those injuries mean for your everyday existence.

You Only Get One Chance at Compensation for a Personal Injury Claim

Future losses matter because you do not get a second opportunity to recover what is missed. Once you settle, you are done. You cannot reopen the case in five years if you discover you need more surgery or you have lost another job due to your injury. That is why a personal injury lawyer will treat this claim with the gravity it deserves from the outset.

An attorney will evaluate every angle of your long-term needs and push back hard against any suggestion that those needs are exaggerated.

At Wilson & Novak, we do not accept the first offer unless it meets the standard of justice our clients deserve. We will not let an insurance carrier exploit your lack of medical foresight or pressure you into taking a fast settlement that fails to address the years ahead.

Our Personal Injury Lawyers Are Ready to Help You Secure a Certain Financial Future

The financial aftermath of a long-term injury is never linear. It evolves, and it is easy to miss pieces of the puzzle without focused legal guidance. Our team of personal injury attorneys will stay focused on the big picture – what it will truly take for you to live a stable, supported life going forward.

We will not let insurers define your future by what is convenient for them . You deserve a settlement that reflects the road ahead, not just the road behind. That is what we fight for, and that is what you will get when you work with Wilson & Novak. Please use our convenient online form to schedule your free case review.

Common Liable Parties in Semi-Truck Accident Cases

Thu, 03 Jul 2025 18:30:46 GMT

Semi-truck accident casess are usually much more complicated that car accident cases. You need and experienced legal team on your side.

Trucking companies often spend millions trying to dodge responsibility. That is not an exaggeration – it is how their business works. At Wilson & Novak Law Offices , we know this because we were once part of that machine.

Before we stood beside injured people, we spent years working for insurance carriers. We know exactly how they think, how they evaluate risk, and how far they will go to protect their bottom line. When a semi-truck hits you, the list of possible culprits extends far beyond the driver behind the wheel.

Our semi-truck accident lawyers are board-certified members of the Academy of Truck Accident Attorneys , and are ready to fight for compensation from ALL of the responsible parties. Put our knowledge and skills to work for you by scheduling a free consultation .

The Truck Driver May Be Just the Beginning

Some drivers push past legal hours , speed to meet quotas, or drive fatigued. While their actions might be the most visible, they are often a symptom of something larger. A semi-truck accident attorney will look into training logs, scheduling pressures, and unrealistic delivery timelines. Those details matter because they shift blame away from a single operator and toward a culture of pressure and risk.

You deserve more than someone pointing fingers at a tired driver. A legal team with experience handling semi-truck accident cases will investigate whether the company knew this driver had prior violations or if their rest logs had been falsified. When we dig into driver records, we are not just looking at what happened – we are looking at what the company allowed to happen.

Freight Companies and Contracted Loaders

Some of the most dangerous crashes happen because of improperly loaded cargo . Shifting freight can throw a rig off balance, especially during turns or braking. A truck might jackknife because a third-party loading team failed to secure a shipment correctly. You might never know that detail without legal help.

Your experienced truck accident attorney at Wilson & Novak Law Offices will subpoena documents and look at shipping contracts to find out who handled the load. It might be a subcontractor with no connection to the driver. It could be a logistics firm operating entirely out of state. You should not be left holding the bag for the shortcuts others took.

One of our passionate semi-truck accident lawyers will bring every possible party into focus, no matter how buried they are behind paperwork.

Trucking Companies That Cut Corners

You would think a company operating multi-ton vehicles across state lines would take safety seriously. While many of them do, others cut corners on maintenance, push drivers past legal hour limits, and avoid expensive repairs until something fails. When we represented the defense, we saw how often these shortcuts were treated as routine business practices.

That is where our background becomes your advantage. An attorney from our team will recognize the warning signs instantly. We will obtain inspection records, maintenance logs, and internal emails to uncover patterns that indicate corporate negligence. A semi-truck accident lawyer will treat the trucking company's conduct as a central part of the claim, not a footnote.

Manufacturers with Defective Parts

When a braking system fails or a tire explodes, it is easy to assume it is just bad luck. However, defective parts play a major role in commercial truck collisions. Some manufacturers ship substandard equipment that cannot withstand real-world conditions. Others issue recalls quietly, hoping no one notices until something goes wrong.

If your collision involved mechanical failure, an experienced semi-truck accident attorne y will look well beyond the repair shop. We will investigate whether a government agency had flagged the part or if similar crashes had occurred involving the same equipment.

Your semi-truck accident lawyer with Wilson & Novak Law Offices will press manufacturers to answer for dangerous flaws that should never have left the factory.

Brokerage Firms and Logistics Coordinators

You might not expect a shipping broker to end up in a courtroom. However, brokerage firms that connect trucking companies with cargo often play a quiet yet critical role in these crashes. They might contract with carriers who have terrible safety ratings simply because the rates are lower. That decision can put unsafe drivers behind the wheel of overloaded or poorly maintained trucks.

When we investigate these arrangements, we are looking for accountability upstream. A seasoned semi-truck accident attorney will not let hidden actors avoid scrutiny. If a logistics coordinator chose a carrier with multiple red flags, we will put that evidence front and center. You should not suffer because a third party chose cost savings over public safety.

Maintenance Contractors and Repair Shops

Some trucking companies outsource their repairs to third-party vendors. Those contractors might skip inspections, use refurbished parts without disclosure, or fail to flag major safety concerns. After a crash, the repair records become just as important as the accident report.

Your semi-truck accident lawyer will examine every invoice and work order to determine whether faulty repairs played a role. If a maintenance team missed a damaged axle or patched over a larger issue, we will hold them accountable. Our skilled attorneys understand the mindset of insurance companies and can anticipate the tactics repair vendors may use to evade responsibility.

Government Agencies and Road Design Contractors

Sometimes, the truck is not the only problem. Road construction zones, confusing signage, or improper shoulder grading can contribute to a devastating collision. In those cases, liability might extend to a public agency or a private contractor hired to manage traffic flow.

Holding these entities accountable takes more than just persistence. It requires understanding complex notice requirements, sovereign immunity hurdles, and contractual chains of responsibility. A Wilson & Novak Law Offices semi-truck accident lawyer will dig into municipal records, roadwork contracts, and traffic control permits. We will not treat government negligence as off-limits – it is just another layer we will pursue.

Choose a Law Firm Who Will Take Action and Fight for You

At Wilson & Novak Law Offices, we do not just send letters and wait. We apply pressure early and maintain it at a constant level. We know how to follow the money, spot the legal gaps, and build claims that disrupt the defense playbook. You will not be left wondering who might be responsible. A semi-truck accident attorney from our firm will track down every party that contributed to your crash, no matter how deep they are buried.

We approach each case like we are going to trial – because that is how you get real leverage. We have seen how the industry works behind the scenes, and now we will use that insight to shift the power back to you. There are no upfront fees involved with our services, and you pay only when we win your case. For a free consultation, please use our online contact form .

What is My Truck Accident Claim Worth?

Fri, 23 May 2025 19:20:39 GMT

The aftereffects of a commercial truck crash are invariably costly and disruptive. Some people might need some medical treatment, while others might have the entire course of their lives altered due to catastrophic injuries.

No matter the extent of your losses, Indiana law gives you the right to seek compensation from at-fault parties. While nothing can take away your injuries, the insurance coverage of the truck driver, trucking company, or others who share liability should provide a settlement to make you “whole” again.

It is only natural to wonder how much your semi-truck accident case might be worth. This can help you plan for the future and give you peace of mind amid financial stress. Unfortunately, this is a complicated question to answer, but the best thing you can do is schedule a free consultation with an experienced Merrillville truck accident attorney .

At Wilson & Novak Law Offices, we understand the ins and outs of truck accident cases and what you deserve to rebuild your life. Our firm has the experience to fight for your rights to full financial recovery from insurers, and we are dedicated to doing everything possible for each and every client.

We have been providing aggressive representation for injured clients in Northwest Indiana for over 25 years, and we are ready to help you. Contact us today to discuss your case and let us give you an idea of what your case might be worth.

A Truck Accident Lawyer Must Review Your Circumstances

The reality is that determining the value of your case is not a straightforward process. Because every accident and injury is different, so is the value of every claim. There is no “average” or “typical” truck accident case value, so you really need an experienced legal professional to provide an accurate estimate based on your specific circumstances.

During your initial consultation, our legal team will assess your losses and provide an estimate of your claim's worth. However, it's important to note that this is just the beginning of the process. As we dig deeper into the evidence surrounding your case and the full extent of your losses, we can paint a clearer picture of what your claim is truly worth.

By working with a seasoned truck accident attorney from our firm, you can rest assured that every aspect of your case will be thoroughly evaluated to ensure you receive the maximum compensation you deserve. We ensure that your truck accident case reflects all recoverable losses.

Don't rely on guesswork regarding the value of your claim – trust in the knowledge of our dedicated legal team to ensure you do not seek less than you deserve. We have past experience working on the defense side of the insurance companies, which allows us to more effectively represent claimants going up against these insurers.

Recoverable Losses When Someone Else Was to Blame for Your Truck Accident

It helps to recognize the losses that are compensable under Indiana law, as this can give you an idea of what compensation you might expect. Our Merrillville truck accident attorneys regularly seek compensation for the following damages, among others.

Medical Bills

One significant part of evaluating your claim's value includes medical bills incurred due to the accident. This covers:

Emergency care
Hospital stays
Surgeries
Medications
Doctor’s appointments
Specialists
Physical therapy
Any other treatment costs

When someone else causes your injuries, you should not have to cover a dollar of medical expenses. However, you must track all costs and bills, ensuring you include everything in your claim.

Future Estimated Medical Costs

Large commercial vehicles weighing up to 80,000 pounds fully loaded have the potential to cause catastrophic injuries with permanent disabling effects. Such injuries do not simply get better with a few months of treatment, but they often require ongoing medical care - sometimes, for the rest of a person’s life.

If your injuries require ongoing treatment, rehabilitation, or future medical procedures, these anticipated expenses must also be factored into calculating your claim's value. Our team works with medical experts to estimate your future medical needs and costs to ensure you seek the appropriate amount and are not left responsible for extensive medical expenses after your claim is resolved.

Lost Wages

Many injuries prevent people from working, whether it is to undergo treatment or due to the limiting nature of their symptoms. If the accident resulted in you missing work, whether for days or months, any lost wages become an essential component of your claim's value. This includes all income you would have earned if not for the accident, including hourly wages, salary, bonuses, commissions, and more.

Future Lost Earnings

If your injuries have a long-term effect on your ability to work, and you cannot return to earning a living in the same capacity as before, the potential future income you may lose should be considered when assessing your claim's value. Our truck accident attorneys can use economic and occupational experts to properly calculate how much earnings you expect to lose throughout your working life.

Pain and Suffering

Beyond the tangible economic losses, the emotional and physical pain from the accident and injuries is also a compensable loss. This is a critical factor in calculating the value of your claim that our attorneys never overlook. Pain and suffering includes factors like:

Physical pain
Trauma
Anxiety
Depression
Loss of enjoyment of life

Other Intangible Losses

Various intangible losses such as emotional distress, disfigurement, loss of companionship, and diminished quality of life are also considered when determining the value of your truck accident claim. Too many people fail to realize the importance of their non-economic losses in the wake of a truck accident. Yet, our lawyers always take these losses just as seriously as financial ones.

The Potential for Punitive Damages in Truck Accident Cases

In addition to economic and non-economic damages, in some rare cases, there might be the potential for punitive damages. These damages do not correlate with your losses but instead are meant to punish the negligent party for especially egregious behavior.

In Indiana, to be eligible for punitive damages , you must sufficiently prove that the liable party acted intentionally or with malice, fraud, gross negligence, or similar intolerable conduct. Punitive damages are difficult to obtain in truck accident cases but can significantly increase the overall compensation.

By working with experienced lawyers who understand Indiana laws regarding damages, like Wilson & Novak Law Offices, you can ensure that every aspect of your claim, including punitive damages, is thoroughly evaluated and pursued. This strategic approach can make a substantial difference in the outcome of your case, providing you with the compensation you deserve.

Wrongful Death Damages from Indiana Truck Accidents

Around 5,000 commercial truck accidents in the U.S. result in fatalities each year, and about 150 truck-related deaths happen in Indiana annually. If your family suffered a tragic loss due to a fatal truck crash, you may seek compensation for wrongful death that can help ease your financial burden and give you a greater sense of justice for your loss.

Wrongful death damages in Indiana can include:

Economic damages, such as medical expenses, reasonable funeral costs, loss of financial support, and loss of services.
Non-economic damages may cover pain and suffering, loss of love, support, and affection, and the emotional toll of losing a loved one.

Not all surviving family members qualify for all types of damages, as Indiana's wrongful death laws are complicated.

At Wilson & Novak Law Offices, our truck accident attorneys understand Indiana's legal system and what compensation is available, no matter what cause of action you have.

If you are grieving a wrongful death due to a truck accident, seeking legal counsel can help you properly pursue the compensation needed to move forward. Contact Wilson & Novak Law Offices to discuss your case today.

Do Not Accept Insurance Company Valuations of Your Claim (They Will Be Far Too Low)

When wondering about the worth of your truck accident claim, it is imperative that you never simply accept the initial valuation provided by the insurance company. Our firsthand professional knowledge of how insurers handle injury claims means we understand these companies do not have your best interests in mind.

Insurance adjusters are trained to minimize payouts, not necessarily provide accurate assessments. This often means their first offer is often far below what you are rightfully entitled to.

An adjuster might assert that an initial offer will provide quick financial relief for your immediate bills. However, this quick offer likely does not take into account even a fraction of the damages you have suffered, such as future medical expenses, all of your lost wages, and non-economic losses.

Always have our experienced truck accident lawyers at Wilson & Novak Law Offices evaluate any settlement offers before you sign anything. We know how insurance companies operate and the tactics they use to undervalue your claim. We will advise when an offer is inadequate and assess the true value of your case.

Remember, the insurance company's main goal is to protect their bottom line, not to look out for your financial future. By having our legal team in your corner, you can level the playing field and fight for full and fair compensation for your truck accident claim.

We Consider Many Factors When Calculating the True Amount You Deserve

At Wilson & Novak Law Offices , our experienced truck accident attorneys consider multiple factors when calculating the true value of your claim. These include the following:

Severity of your injuries: The extent and seriousness of your injuries play a pivotal role in determining the compensation you are entitled to. Severe injuries that result in long-term disabilities or chronic pain typically merit higher settlements.
Whether you have permanent damage: In cases where the accident leaves you with permanent impairments or disabilities, the impact on your life and livelihood is factored into the evaluation of your claim's value.
Liability for the accident: Establishing fault in the accident is crucial. If the other party was clearly responsible for the collision, it strengthens your case and can lead to a higher settlement amount.
Strength of the evidence: The availability of strong evidence, such as eyewitness testimonies, police reports, and medical records, can significantly bolster your claim and increase the likelihood of a favorable settlement.

These calculations are complicated, so never rely on any assessment that does not properly consider all the necessary factors.

We Utilize Our Insider Knowledge of the Insurance Industry in Negotiations

Our former insurance defense attorneys uniquely understand how insurance companies operate. This insight lets us anticipate the strategies they often use to undervalue your claim.

We can easily identify when insurance adjusters are attempting to undervalue your claim, and we leverage our insider knowledge of insurance defense to advocate for our clients and persuasively negotiate for maximum compensation.

When presenting your claim to insurance companies, you need a well-prepared and airtight case that clearly demonstrates the full extent of your damages and losses. Our truck accident lawyers excel in crafting compelling claims, supported by strong evidence, that leave little room for undervaluation or dispute.

When going up against insurers, having former insurance defense attorneys handling your truck accident case can give you a significant advantage.

What if a Settlement Offer is Too Low?

When you receive a low settlement offer, never assume you must accept it or receive nothing. There are options for us to fight for an amount that truly reflects your losses.

Continue Negotiations

If you receive an inadequate settlement offer based on the evaluation of your claim, our attorneys will continue negotiating with the insurance company to seek a fair and just resolution.

Initiate Litigation

When negotiations fail to yield a satisfactory offer, our team is prepared to take legal action and initiate litigation in civil court on your behalf. We will represent your case to pursue a higher pretrial settlement or seek an award from a judge or jury when necessary.

Consult Our Merrillville, Indiana Truck Accident Lawyers Today

In Merrillville, Indiana, Wilson & Novak Law Offices is your trusted partner in overseeing every aspect of truck accident claims, especially advising what your claim should be worth.

If you have been injured in a truck accident and are wondering about your rights and the value of your claim, speak with our experienced truck accident lawyers today. Contact our office to schedule a free consultation now.

What to expect from a car accident settlement

Wed, 14 May 2025 19:12:14 GMT

Understanding Car Accident Settlements

A car accident settlement is an agreement to resolve disputes without trial, involving negotiations for compensation for damages. This process begins with filing a claim with the at-fault party's insurance, which investigates the accident and assesses the claim using evidence like police reports and medical records. Having a personal injury attorney is crucial for proper representation and consideration of all details.

Negotiations typically start with a lower initial offer from the insurance company, which can be countered with detailed documentation to justify a higher settlement. A well-negotiated settlement can cover medical expenses, lost wages, and non-economic damages like pain and suffering. Each case is unique, and the settlement should reflect the full extent of your losses to maximize compensation. Understanding this process is essential for achieving a satisfactory resolution.

The Basics of a Car Accident Settlement

A car accident settlement aims to compensate the injured party for their losses. These losses can be economic, such as medical bills and repair costs, or non-economic, like emotional distress.

To start the settlement process, a claim is filed with the insurance company of the at-fault driver. This claim should include evidence to support your case. Police reports, medical records, and witness statements are vital.

Insurance companies typically evaluate the claim's validity and extent. They will calculate an initial settlement offer. It's often lower than expected, but negotiations can lead to a better deal.

You have the right to negotiate for a higher compensation amount. Thorough documentation and a reasoned explanation for your demands help in this process. Hiring a lawyer experienced in personal injury law can make a huge difference in the final settlement amount.

A successful settlement compensates you for all losses related to the accident, while considering past, current, and future expenses. It provides financial relief and closure to those affected by the accident.

Settlement vs. Trial: What's the Difference?

Choosing between settling a case and going to trial depends on several factors. A settlement involves negotiating and agreeing on a compensation amount without legal proceedings. A trial involves the court and can be lengthy and unpredictable.

Settlements are typically faster and less costly than trials. They provide a guaranteed outcome and save the stress of a courtroom battle. Most automobile accident claims are resolved through settlements rather than trials. Many personal injury law offices are quick to settle a car accident claim so they get paid faster. We are not one of those firms. We commit to do what is in the best interest of our client, which often leads to extended negotiations.

If negotiations break down or the offer is inadequate, a trial may be the best path. If a personal injury case does go to trial, it is crucial that the case is presented by not only a personal injury lawyer , but one who is experienced in taking cases to trail.

In court, a judge or jury assesses the evidence and decides the outcome. The decision to settle or proceed to trial hinges on the specifics of the case. Consultation with a personal injury lawyer can provide valuable insight. They can help assess the strength of your case and advise on the best course of action.

Ultimately, understanding the pros and cons of each option is crucial. It ensures informed decision-making and maximizes the potential for a favorable outcome.

How Insurance Coverage Affects Your Settlement

Insurance coverage significantly impacts your car accident settlement. It determines the limits of financial responsibility that the insurer is willing to pay. Each driver’s policy offers different coverage levels.

The at-fault driver's insurance generally covers damages up to their policy limits. If damages exceed these limits, securing full compensation can become complex. This emphasizes the importance of understanding insurance terms before negotiating.

Sometimes, your own insurance may play a role. If the other driver is underinsured or uninsured, your policy might offer some additional protection. Confirming your policy's coverage before starting any negotiations is crucial.

To navigate these complexities, consider consulting with a knowledgeable attorney for legal representation. They can clarify coverage details and help interpret policy language. A clear understanding ensures that you pursue every possible avenue for compensation.

Communicating with Insurance Adjusters

Effective communication with insurance adjusters is vital during car accident settlements. They assess your claim and negotiate on behalf of the insurer. Thus, understanding their role and maintaining professional dialogue is key. When dealing with adjusters, be factual and concise. Provide accurate information about the accident and injuries. Missteps or omissions can weaken your position and affect the eventual settlement.

Keep track of all communications. This includes emails and phone calls. Detailed records provide a clear trail of the negotiation process. This documentation can protect your interests if misunderstandings arise.

Avoid admitting fault or discussing settlement specifics without full consideration. Remember that adjusters work for the insurance company, not you. Getting legal advice for your personal injury case can help protect your rights during negotiations. Knowledgeable guidance can help secure a fair settlement.

When our clients hire Wilson & Novak Law Offices to take on their case they can rest assured knowing that all communication is being handled for them, giving them one less thing to worry about.

Factors Influencing Your Settlement Amount

Several factors affect the amount you can expect from a car accident settlement . Knowing these can help you set realistic expectations. Both tangible and intangible elements play roles in determining the final compensation.

Economic damages are often the most straightforward to calculate. These include expenses like medical bills, lost earnings, and property damage. Documenting every out-of-pocket cost is crucial for claiming full reimbursement.

Non-economic damages are more complex, focusing on intangible losses. Loss of quality of lfe, pain and suffering and emotional distress fall under this category. Calculating these involves considering the lasting impact of the accident on your life.

Other factors include the severity of your injuries and any liability issues. The clearer your evidence, the stronger your claim. Insurance policy limits also dictate the potential settlement ceiling.

Below is a list of key factors that influence settlement amounts:

Severity of injuries : More serious injuries often result in higher settlements.
Medical expenses : Total cost of treatment influences compensation.
Lost wages : Missed work due to injury is compensable.
Pain and suffering : This subjective measure is crucial in many claims.
Liability clarity : Clear responsibility can lead to quicker settlements.

Engaging professionals can ensure nothing is overlooked. An experienced personal injury lawyer can help quantify both economic and non-economic losses. With comprehensive knowledge and preparation, you'll be in a better position to negotiate a fair settlement.

Maximizing Your Car Accident Claim

Maximizing your car accident claim requires strategic steps and thorough preparation. Being well-informed about what impacts a settlement can significantly boost the compensation you receive. Gathering comprehensive evidence and documentation is crucial for your personal injury claim.

Clear and detailed records are your best friend in a claim. They provide the backbone for demonstrating the accident's impact on your quality of life. Without concrete proof, it's difficult to argue for additional compensation.

Another critical aspect is engaging medical professionals promptly. Detailed medical documentation supports claims of injury severity and need for treatment. This evidence often accounts for a significant part of your settlement.

Consistent communication with insurance adjusters is also crucial. Understanding their perspective and ensuring they have all the necessary details can help. Clear, professional interaction can often prevent misunderstandings that may delay or reduce settlement offers.

Here are key actions to enhance your claim:

Collect accident scene photos and witness statements.
Keep thorough records of all medical visits and prescriptions.
Document any lost wages or changes in work capacity.
Maintain a daily journal detailing pain levels and lifestyle impacts.
Engage a personal injury attorney to navigate complexities.

Steering clear of common pitfalls is equally important. Avoid quick settlements that undervalue your claim, and ensure you follow all legal advice. These proactive steps can greatly increase your chances of receiving a fair settlement.

Settlement Timeline and Payout

The timeline for reaching a car accident settlement can vary greatly. Each case has its own unique circumstances which influence the duration. On average, settlements can take anywhere from a few months to over a year. Several factors impact how long the settlement process might take. These include the complexity of the accident, the severity of injuries, and the cooperation level of insurance companies. Understanding these can help manage your expectations.

During this waiting period, patience is crucial. Rushing through the process may result in accepting a lower settlement. Taking the time to build a strong case can lead to a better outcome.

Avoiding Common Settlement Mistakes in Personal Injury Cases

It’s essential to sidestep errors that could compromise your settlement.

One common mistake is accepting the first offer. Offers often start lower than what you deserve, so negotiate assertively.
Avoid discussing your case openly, especially on social media. These platforms are monitored and can inadvertently affect outcomes. Always maintain confidentiality regarding settlement details.
Seek experienced legal counsel before agreeing to any settlement. A personal injury attorney can provide vital insights and safeguard your interests. Ensuring legal oversight can prevent you from being shortchanged.

Navigating a car accident settlement can feel daunting. However, being informed helps ensure a smoother process. Arm yourself with knowledge and seek professional guidance whenever needed.

Always aim for a settlement that genuinely reflects your damages. Patience and preparation are key. Keep detailed records and maintain clear communication to help secure fair compensation. At Wilson & Novak Law Offices, we’re here to guide you through the process with clarity, support, and a commitment to achieving the best possible outcome for your case. Contact us today to get started.

Understanding Personal Injury Law Claims

Wed, 09 Apr 2025 16:54:52 GMT

Navigating the complexities of personal injury law can be daunting. This area of law encompasses a variety of scenarios where individuals suffer harm due to the negligence or intentional actions of others. From automobile accidents to medical malpractice, understanding the fundamentals of filing a claim is crucial for obtaining the compensation you deserve.

What Constitutes a Personal Injury Case?

A personal injury case arises when a person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. The responsible party could be an individual, a business, or even a government entity. Common examples of personal injury cases include automobile accidents, slip and fall incidents, medical malpractice, and product liability.

Key Elements of a Personal Injury Claim

To successfully file a personal injury claim, certain elements must be proven:

Duty of Care: The defendant owed a duty of care to the plaintiff.
Breach of Duty: The defendant breached that duty through negligence or intentional misconduct.
Causation: The defendant’s actions directly caused the plaintiff’s injury.
Damages: The plaintiff suffered actual damages, such as medical bills or lost wages.

Types of Damages in Personal Injury Cases

Damages in personal injury cases are typically categorized into two types: economic and non-economic damages.

Economic Damages

Economic damages are quantifiable financial losses incurred as a result of an injury. These include:

Medical Bills: Costs for hospital stays, surgeries, doctor visits, and rehabilitation.
Lost Wages: Compensation for income lost due to the inability to work.
Lost Earnings Capacity: Future income lost as a result of long-term disability.
Property Damage: Costs for repair or replacement of damaged property, such as a vehicle in car accidents.

Non-Economic Damages

Non-economic damages are more subjective and may include:

Pain and Suffering: Compensation for physical pain and emotional distress.
Loss of Consortium: Damages for loss of companionship or spousal support.
Diminished Quality of Life: Compensation for a reduced ability to enjoy life’s pleasures.

Steps to Filing a Personal Injury Claim

Filing a personal injury claim involves several steps, each requiring careful attention to detail.

1. Seek Immediate Medical Attention

Prompt medical evaluation is crucial not only for your health but also for establishing a clear link between the accident and your injuries. Medical records will serve as vital evidence in your personal injury case.

2. Gather Evidence

Collecting evidence is essential for substantiating your claim. This includes:

Photographs of the accident scene and injuries.
Police or accident reports.
Witness statements.
Medical records and bills.

3. Consult with a Personal Injury Lawyer

Engaging with a qualified injury attorney is advisable to navigate the legal intricacies. A personal injury lawyer can offer expert guidance, negotiate with the insurance company, and advocate on your behalf, ensuring you receive fair compensation.

4. File the Claim

A formal claim must be filed with the responsible party's insurance company. This claim should detail the extent of your injuries and damages. An experienced attorney can assist in articulating the intricacies of your case.

5. Negotiate a Settlement

Most personal injury claims are resolved through negotiation rather than going to trial. Your attorney will work to secure a settlement that adequately compensates for your losses. If negotiations fail, litigation may be necessary.

Statute of Limitations

The statute of limitations dictates the time frame within which you must file a personal injury lawsuit. Typically, this period ranges from one to six years from the date of the injury, varying by jurisdiction and case type. Consulting with an attorney promptly ensures compliance with these legal deadlines.

The Role of Insurance Companies

Insurance companies play a pivotal role in personal injury cases. They are responsible for compensating the injured party, but their primary aim is often to minimize payouts. Therefore, it is crucial to approach negotiations with caution and the support of legal representation.

Common Tactics Used by Insurance Companies

Delaying the Process: Prolonging the claims process in hopes of wearing down the claimant.
Denying Liability: Asserting that their policyholder was not at fault.
Underestimating Damages: Offering settlements that do not fully cover the claimant’s losses.

Conclusion

Understanding the basics of personal injury law empowers you to protect your rights and secure the compensation you deserve. Whether dealing with car accidents, medical malpractice, or other injuries, comprehensive knowledge of the legal process and the assistance of an adept personal injury lawyer are invaluable.

By recognizing the various facets of filing a claim, the types of damages you can recover, and the tactics employed by insurance companies, you are better equipped to navigate your personal injury case effectively. Always prioritize your health and consult with a professional to guide you through this challenging process. To schedule a case evaluation with Wilson & Novak Law Offices, reach out online or give us a call at 219-757-0225 .

What does a personal injury attorney do?

Wed, 18 Sep 2024 21:25:03 GMT

When you hear the term "personal injury lawyer," you might wonder, "What exactly does a personal injury lawyer do?" These legal professionals play a crucial role in helping people who have been injured due to someone else's negligence. From car accidents to slip and fall incidents, personal injury lawyers are there to ensure that victims receive the compensation they deserve.

In this article, we'll break down the responsibilities and tasks of a personal injury lawyer. We'll also explain why hiring one can make a big difference in your insurance claim or lawsuit.

Understanding Personal Injury Law

Personal injury law, also known as tort law, is designed to protect you if you or your property is injured or harmed because of someone else's act or failure to act. It provides the legal framework for determining who is in the wrong and what the victim is entitled to.

Historical Context of Tort Law

Tort law has a rich history that dates back centuries. Originally, this branch of law evolved to provide remedies for wrongful acts that were not covered by criminal law. Over time, as societies grew and became more complex, the need for more defined legal protections for personal injuries emerged, leading to the structured personal injury law system we have today.

Principles of Negligence

At the heart of personal injury law is the concept of negligence. This principle asserts that individuals must act with a reasonable standard of care to avoid causing harm to others. A breach in this duty of care, resulting in injury, can lead to a claim. Understanding this principle is crucial, as it forms the basis of most personal injury cases.

Statute of Limitations

Every jurisdiction has a statute of limitations, a deadline by which a personal injury claim must be filed. This time frame varies depending on the type of claim and location. Missing this deadline can mean forfeiting the right to seek compensation, making it vital for victims to act promptly when pursuing legal action. In the State of Indiana the statute of limitations for injury claims is 2 years.

Types of Cases Personal Injury Lawyers Handle

Personal injury lawyers handle a wide range of cases, each with its unique challenges and requirements.

Car Accidents
Car accidents are one of the most common types of personal injury cases. They can range from minor fender benders to severe crashes with life-altering consequences. Personal injury lawyers help navigate the complexities of insurance claims, liability disputes, and compensation calculations related to the final insurance settlement in these types of accident claims.

Slip and Fall Accidents
Slip and fall accidents occur when someone slips, trips, or falls due to unsafe conditions, such as wet floors or uneven pavements. These cases often involve premises liability, where property owners may be held responsible for failing to maintain safe environments.

Workplace Accidents
Injuries that occur on the job fall under workplace accidents. These cases can involve workers' compensation claims or personal injury lawsuits if negligence by a third party is involved. Understanding the nuances between these legal avenues is essential for securing rightful compensation.

The Role of a Personal Injury Lawyer

A personal injury lawyer wears many hats and performs various tasks to help their clients. Here are some of the key responsibilities:

Initial Consultation and Case Evaluation

The first step in engaging a personal injury lawyer is the initial consultation, where the lawyer listens to the client's account of the incident and establishes trust. After gathering information, the attorney assesses the case's viability, considering evidence strength and potential defenses, to guide the client on the best course of action. The attorney explains available legal options, including settlement or trial, outlining associated risks and benefits. Upon hiring, the team begins gathering evidence, which includes:

Collecting Medical Records: Essential for documenting injuries and treatments, linking them to the incident to substantiate claims.
Analyzing Police Reports: These provide an official account and help identify inconsistencies.
Obtaining Witness Statements: Unbiased accounts from witnesses strengthen the case.
Gathering Photographic Evidence: Visual evidence from the accident scene supports the client's narrative.

A personal injury law firm also manages communication with insurance companies, ensuring claims are filed correctly and on time, and negotiates settlements, often achieving better terms than clients could on their own. If claims are denied, the lawyer contests the decision by gathering more evidence and escalating the issue if necessary.

Calculating damages is a critical task, involving:

Assessing Medical Expenses: Both current and future costs are meticulously calculated
Evaluating Lost Wages: Compensation considers immediate income loss and long-term earning capacity.
Quantifying Pain and Suffering: Non-economic damages are assessed to maximize compensation.
Calculating Property Damage: Repair or replacement costs are documented to support claims.

It is important to choose a personal injury attorney who has trial experience. Your case may go to trial if you cannot reach a settlement. In court, an effective injury attorney shows evidence and questions witnesses to test their credibility. They make strong legal arguments to support the client's rights. The attorney summarizes evidence and highlights important points to aim for a positive verdict.

Why Hiring a Personal Injury Lawyer Matters

Handling a n insurance injury claim on your own is possible, but having a personal injury lawyer provides significant advantages. These lawyers have specific knowledge and experience pertaining to injury claims . This helps them navigate the complex legal system involved in such cases . They make sure all procedures are followed correctly. They understand the importance of collecting evidence and finding important information to build strong cases. They are also skilled negotiators who work well with insurance companies to get the maximum compensation for each case .

Studies indicate that individuals who hire personal injury lawyers often receive higher settlements than those who represent themselves.

Experienced injury lawyers carefully assess damages to make sure all parts of a client's suffering are compensated. They use smart negotiation tactics to fight for better settlement terms. They also have access to expert witnesses who can bolster their clients' claims with credible testimony.

Moreover, personal injury lawyers alleviate the stress of dealing with legal responsibilities, allowing clients to focus on recovery. They provide emotional support throughout the legal journey, streamlining the process to reduce delays and expedite compensation.

Most injury law firms work on a contingency fee basis, meaning they only get paid if the case is won, and there are no upfront costs. This structure aligns the interests of the lawyer and client, ensuring that the lawyer is motivated to achieve the best possible outcome.

A personal injury lawyer plays a vital role in helping victims of accidents and negligence get the compensation they deserve. From gathering evidence and negotiating with insurance companies to representing you in court, they handle all aspects of your case. Hiring a skilled personal injury lawyer can make a significant difference in the outcome of your claim, allowing you to focus on your recovery.

If you've been injured and believe you have a personal injury claim, don't hesitate to reach out to us at 219-757-0225 or request a call back from our team.. A personal injury lawyer's help can greatly impact your path to justice and healing.

What to do after being involved in a car accident that was not your fault

Fri, 26 Jul 2024 20:05:34 GMT

Being involved in a car accident is a stressful experience, especially when it’s not your fault. Knowing the steps to take immediately after the incident can help you protect your rights and ensure you receive the compensation you deserve. This guide will walk you through the essential actions to take following a motor vehicle accident caused by a negligent party.

Ensure Safety and Check for Injuries

The first and foremost priority after any car accident is safety.

Move to a Safe Location

If you’re able and it’s safe to do so, move your vehicle to the side of the road to avoid blocking traffic. Turn on your hazard lights to alert other drivers.

Check for Injuries

Check yourself and your passengers for any injuries. Even if injuries seem minor, it's important to seek medical attention as some symptoms may not appear immediately. Call 911 to report the accident and request medical assistance if needed.

Document the Scene

Gathering evidence at the scene is crucial for car accident claims and for any potential legal actions against the negligent party.

Take Photos

Use your phone to take photos of the accident scene from multiple angles. Be sure to capture:

The position of the vehicles involved
Damage to all vehicles
Any skid marks or road conditions
Traffic signs or signals

Collect Witness Information

If there are any witnesses to the accident, ask for their contact information. Their statements could be valuable when proving the negligence of the other driver.

Exchange Information

Exchange the following information with the other driver:

Full name and contact information
Insurance company and policy number
Driver’s license and license plate number
Make, model, and color of their vehicle
Location of the accident

Notify the Police

It's important to have a police report to support your car accident claim. When the police arrive, provide them with an accurate account of what happened. Stick to the facts and avoid speculating about fault or liability.

Obtain a Copy of the Police Report

Ask the responding officer how you can obtain a copy of the police report. This document will be important when you file a claim with your insurance company and when seeking compensation for your car accident claim.

Seek Medical Attention

Even if you feel fine after the accident, it’s essential to get a medical evaluation. Some injuries may not show symptoms right away but can become serious if left untreated.

Follow Your Doctor’s Advice

Follow your doctor’s recommendations for treatment and keep detailed records of all medical visits, treatments, and expenses. This documentation will be important for your car accident claims and when working with a car accident attorney.

Contact Your Insurance Company

Notify your insurance company about the accident as soon as possible. Provide them with the necessary details and be honest about the events. Your insurance company will guide you through the claims process and help you understand your coverage.

Understand Your Coverage

Review your insurance policy to understand what is covered and what is not. This can help you better navigate the claims process and ensure you receive the compensation you deserve.

Consider Consulting a Car Accident Attorney

If you’ve been injured or if there is significant damage to your vehicle, consulting with a car accident attorney can be beneficial. An attorney can help you:

Navigate the legal process
Communicate with insurance companies
Gather and present evidence
Ensure you receive fair compensation for your injuries and damages

Finding the Right Attorney

Look for an attorney who is experienced in motor vehicle accidents and has a proven track record of success in car accident claims. Schedule a consultation to discuss your case and understand your legal options. At Wilson & Novak Law Offices we offer free case evaluations and there is no fee until we win your case, so you do not have to worry about any up front legal fees.

Keep Detailed Records

Maintaining comprehensive records of the accident and its aftermath is crucial for building a strong case. Keep copies of:

Medical records and bills
Repair estimates and invoices
Police reports
Correspondence with insurance companies
Any other relevant documents

Be Cautious with Statements

Be mindful of what you say to the other driver, witnesses, and insurance companies. Avoid admitting fault or making statements that could be used against you later. Stick to the facts and let the investigation determine liability.

Understanding Compensation for Your Car Accident Claim

Knowing the types of compensation you may be entitled to can help you better understand the value of your claim. Compensation for your car accident claim may include:

Medical expenses
Property damage
Lost wages
Pain and suffering
Emotional distress

Negotiating with Insurance Companies

Insurance companies may try to minimize the payout. Be prepared to negotiate and provide evidence to support your claim. If you have a car accident attorney, they can handle negotiations on your behalf to ensure you receive fair compensation.

When to Consider Legal Action

You should reach out to an experienced personal injury lawyer right away if you have been injured in a care accident that was not your fault. Even if the negligent party’s insurance company offers a what seems like a fair settlement, you may need to consider legal action, as there are many variables involved in an injury caused by an accident. Your attorney can advise you on whether filing a lawsuit is the best course of action and represent you in court if necessary.

Conclusion

Being involved in a car accident that wasn’t your fault can be overwhelming, but taking the right steps can help protect your rights and ensure you receive the compensation you deserve. Prioritize safety, document the scene, seek medical attention, and consider consulting a car accident attorney to navigate the legal process. By following these steps, you can effectively manage the aftermath of a motor vehicle accident and focus on your recovery.

David Wilson appointed to the board of the Indiana Trial Lawyers Association

Fri, 21 Jun 2024 19:46:56 GMT

Experienced local attorney, David Wilson, brings a wealth of experience and unwavering dedication to both his clients and his profession.

Wilson & Novak Law Offices proudly announces the appointment of David Wilson, founding partner of our personal injury law firm, to the Indiana Trial Lawyers Association (ITLA). This prestigious position highlights his commitment to the legal profession and his dedication to advocating for justice in Indiana.

David Wilson brings years of experience in the courtroom and a deep understanding of personal injury law. David has consistently demonstrated excellence in advocacy and a steadfast commitment to his clients. His appointment to the ITLA is a testament to his professional integrity and standing among his peers.

Throughout his career, David Wilson has focused on personal injury and wrongful death cases. He has successfully handled thousands of personal injury cases and has represented clients in nearly 100 civil trials in Indiana and Illinois.

David is a member of the Million Dollar Advocates Forum, the Multi-Million Dollar Advocates Forum, is a member of the American Academy of Truck Accident Attorneys, has been named Super Lawyer by SuperLawyers.com, and has an AV Preeminent Rating with Martindale Hubbell.

At Wilson & Novak Law Offices, David has played a crucial role in achieving significant victories for the firm’s clients. His vast experience, knowledge of the law, and commitment to maintaining high standards in legal practice are evident at his Merrillville, Indiana personal injury law office. His role in the ITLA will involve contributing to the association's efforts to uphold the rights of individuals and ensure fair trial practices throughout the state.

"We are incredibly proud of David's appointment to the Indiana Trial Lawyers Association," said David Novak, partner at Wilson & Novak Law Offices. "His dedication to legal excellence and his commitment to our clients exemplify the core values of our firm. We are confident that his influence will greatly benefit the ITLA and further its mission to promote justice and fairness in Indiana."

David's appointment was effective May 1, 2024. He will participate in upcoming ITLA initiatives focusing on continuing education for trial lawyers, public outreach, and advocacy at the state legislature.

Choosing the Right Attorney for Your Semi-Truck Accident Case

Wed, 24 Apr 2024 18:33:17 GMT

You want experience on your side in an accident involving a semi-truck.

Navigating the aftermath of a truck accident can be overwhelming. The legal complexities can add to the stress.

Choosing the right attorney for your truck accident lawsuit is crucial. It can significantly impact the outcome of your case.

This guide aims to help you make an informed decision. It provides key insights into selecting the most suitable attorney for your needs.

We'll delve into the importance of specialization in truck accident cases. We'll also discuss the criteria to consider when selecting an attorney.

By the end of this article, you'll be equipped with the knowledge to choose the right attorney from your semi-truck accident case. This can maximize your chances of securing a fair compensation claim and injury settlement.

Understanding Semi-Truck Accident Lawsuits

Semi-truck accident lawsuits differ from other motor vehicle accident claims. They often involve multiple parties and are subject to specific federal and state regulations.

Understanding these complexities is key to building a strong case. It's crucial to choose an attorney who has experience in truck accident lawsuits and is familiar with the intricacies of the trucking industry.

The Importance of Experience in Truck Accident Cases

Truck accident cases are complex and require specific knowledge. An injury attorney who has dealt with these type of cases understands the unique aspects of trucking accidents, such as federal regulations and industry practices.

This experience can significantly impact the outcome of your case. An attorney who is familiar with commercial trucking injury cases can identify potentially liable parties, gather and preserve crucial evidence, and navigate the complexities of insurance claims.

Key Criteria for Selecting a Truck Accident Attorney

When choosing an attorney for your truck accident lawsuit , several factors should be considered. These include the attorney's experience, industry knowledge, and resources.

Experience is crucial in handling the complexities of truck accident cases. An attorney's track record can provide insight into their ability to secure favorable outcomes.

Industry knowledge is another key factor. An attorney who understands the trucking industry can build a stronger case.

Lastly, consider the attorney's resources and network. These can play a significant role in the investigation and litigation process.

Here are the key criteria to consider:

Experience and track record
Industry knowledge
Resources and network

Experience and Track Record

An attorney's experience and track record in truck accident lawsuits are vital. An experienced attorney will have a deep understanding of the legal process and strategies to maximize your compensation claim.

Look for an attorney with a proven track record of successful outcomes in truck accident cases. This indicates their ability to effectively handle your case. When you meet with an injury attorney about your case ask about their experience with other accident claims involving semi-trucks so you have the confidence you are hiring experienced counsel. Keep in mind, however, not all states allow attorneys to disclose the monetary damages in cases. Even so, you should be able to gauge how experienced an attorney is in commercial trucking accidents during your initial consultation.

Industry Knowledge

An attorney's knowledge of the trucking industry is crucial. This includes understanding federal and state regulations, common causes of truck accidents, and industry practices.

An attorney with this knowledge can identify potentially liable parties and build a strong case for your compensation claim.

Wilson & Novak Law Offices are members of the Academy of Truck Accident Attorneys , a non-profit organization that r ecognizes attorneys who "have documentable knowledge, real experience and proven results in handling truck crash cases so that victims can choose lawyers with confidence".

Learn more about the experience David Wilson and David Novak can bring to your case. By having worked for on the defense side of personal injury law, they are intimately familiar with the way the industry works with personal injury claims.

Resources and Network

An attorney's resources and network can significantly impact your case. This includes access to accident reconstruction experts, medical professionals, and expert witnesses.

These resources can help in gathering evidence, proving negligence, and calculating the full extent of your damages.

Researching Potential Injury Attorneys to Handle Your Case

Before choosing an attorney, it's important to do your research. This includes looking at their past case results and client testimonials.

You can often find this information on the attorney's website. If not, don't hesitate to ask the attorney for this information. At Wilson & Novak we publicly share our client testimonials on our website so potential clients can reference them easily..

Remember, the goal is to find an attorney who has successfully handled cases similar to yours.

Initial Consultation Questions

During the initial consultation, ask questions to assess the attorney's suitability for your case. This could include questions about their experience, approach to your case, and fee structure. Also, ask about their plan for your case. This can give you a sense of their strategic thinking and commitment to your case.

Understanding Attorney Fees and Agreements

Understanding how an attorney charges for their services is crucial. Most truck accident attorneys work on a contingency fee basis. This means they only get paid if they win your case. The fee is usually a percentage of the compensation claim. Make sure to discuss this during your initial consultation. It's important to have a clear understanding of all costs involved before proceeding with your case.

The Role of an Attorney in Your Compensation Claim

A truck accident attorney plays a vital role in your compensation claim. They are responsible for building a strong case to prove the other party's negligence. This involves gathering evidence, interviewing witnesses, and consulting with experts.

Negotiation Skills and Trial Readiness

An attorney's negotiation skills can significantly impact your injury settlement. They should be able to negotiate effectively with the insurance company to secure a fair settlement. If negotiations fail, your attorney should be ready and willing to take your case to trial.

Calculating Damages and Dealing with Insurers

Calculating damages in a truck accident lawsuit can be complex. Your attorney should be able to estimate your damages, including medical expenses, lost wages, and pain and suffering. They will handle all communications with the insurance company, ensuring your rights are protected throughout the process.

The Value of Local Expertise and Reputation

Choosing a local attorney can be beneficial for your truck accident lawsuit. They will have a deep understanding of the local court system and its procedures. This knowledge can be invaluable when navigating the complexities of your case.

Moreover, an attorney's reputation within the local legal community can influence your lawsuit. A well-respected attorney may have established relationships with judges and other attorneys, which can be advantageous during negotiations and trial proceedings.

The attorneys at Wilson & Novak have been practicing in the NW Indiana area for decades. They are involved in the Northwest Indiana legal community and highly respected by their peers.

The Importance of Communication and Relationship

Clear communication is a crucial aspect of the attorney-client relationship. Your attorney should be able to explain complex legal terms and processes in plain language, ensuring you understand every step of your truck accident lawsuit.

You should feel comfortable discussing your case with your attorney. A good personal injury attorney will empathize with your situation, actively communicate case updates, and remain accessible to answer your questions. This can help alleviate the stress associated with legal proceedings.

Conclusion: Making an Informed Decision

Choosing the right attorney for your truck accident lawsuit is a significant decision. It requires careful consideration of the attorney's experience, specialization, communication style, and reputation.

Remember, the goal is to find an attorney who can effectively represent your interests and help you secure a fair compensation claim.

At Wilson & Novak Law Offices we offer a complimentary case evaluation so you can meet with us and learn about our experience. Reach out to schedule an appointment with us.

David Wilson recognized as 2024 Indiana Super Lawyer

Tue, 05 Mar 2024 20:49:53 GMT

Less than 5% of attorney qualify for this designation

David A. Wilson of Wilson & Novak Injury Lawyers has been selected to the 2024 Indiana Super Lawyers list. Each year, no more than five percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor.

Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.

The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys.

Wilson & Novak Injury Lawyers have a reputation in the NW Indiana for being tenacious and aggressive personal injury lawyers who fight for every dime of compensation their clients are eligible for.

The Differences Between Semi-Truck Accidents and Car Accidents

Thu, 08 Feb 2024 14:41:00 GMT

Not all vehicle accidents are the same. Many details and factors can affect an accident case. One of the most important details is the type of vehicle involved. Car accidents and semi-truck accidents are vastly different and can have very different outcomes when you hire an accident lawyer . If you’ve been in an accident, you must understand the differences between these two types of events. Keep reading to learn more.

Severity

One of the biggest differences between a car wreck and a semi-truck accident is the severity. Truck accidents are often more damaging simply because of the size of the vehicles in question; essentially, a semi-truck can make a much greater impact than a small car. This causes more damage and greater injuries to passengers that tend to be permanent or long-lasting.

Involvement of Trucking Companies

Another factor that makes a semi-truck accident different is that there's often the involvement of the trucking company to deal with. It’s often necessary to involve the help of an accident lawyer when the semi-truck belongs to a trucking company. If the case escalates into a lawsuit, you might find that it’s necessary to sue not only the driver but the trucking company as well.

If you have a claim against a trucking company, you may also find that you’re dealing with a very aggressive insurance company. This could also entail dealing with aggressive insurance company lawyers. Their goal is almost always to find a way to avoid paying out settlements for these accidents. This is a critical reason that you need a knowledgeable accident lawyer on your side during this type of case.

Complexity

When a semi-truck is involved in a vehicle accident, the case is often more complex. These complexities stem from the fact that more damage and injuries are involved. The case can also become more complex because there are commercial entities involved as far as the trucking company is concerned.

You may also discover that multiple insurance companies are involved as well. There could be multiple insurance companies because the cargo being transported by the truck is insured differently than the truck itself. These complexities can make it difficult for an individual to navigate an accident case on their own. An accident lawyer can be of great assistance in these cases.

Complicated Causes of Accidents

Truck accidents can also differ greatly from regular car accidents when it comes to the causes involved. It’s necessary to determine the cause of the accident to determine who was at fault. The causes of truck accidents can get tricky because semi-truck drivers have different safety requirements than regular drivers. It can also get tricky because other drivers have certain responsibilities when it comes to approaching a semi on the road.

Some accidents are a result of the truck driver not abiding by the necessary safety guidelines; other accidents may occur because the regular vehicle drivers don't provide the proper space and respect for a bigger truck. A truck accident could result because the truck couldn’t stop fast enough when a regular vehicle braked suddenly in front of them. This can be difficult to determine who's at fault since the semi-truck driver is limited when it comes to stopping time.

Equipment failure can also play a part in truck accidents as well. A truck company is required to maintain trucks and equipment according to certain standards. If these standards aren’t upheld, it can result in accidents. This often requires some investigation, which is something that a talented accident lawyer can assist you with.

Safety Regulation Laws

Trucking companies and even independent truck owners are required by federal law to uphold certain safety regulations. An accident lawyer will be well-versed in these laws and will be able to quickly identify when these regulations are being followed. You may not have this information and might miss important details that could help your case if you don't hire a professional.

These are just a few ways in which truck accidents differ from regular car accidents. Having an accident lawyer on your side is essential to the success of your case. It’s estimated that total motor vehicle injury costs were estimated at $498.3 billion in 2021 alone, according to the National Safety Council. If you've been in an accident and want the best chance at a fair settlement from your case, please contact our team at Wilson & Novak Law Offices today.

What Evidence Do You Need to Collect After Being in an Accident?

Fri, 12 Jan 2024 14:09:00 GMT

Car accidents affect just about everyone who drives throughout adulthood. Sooner or later, an accident will happen no matter how safely someone drives, and the fault might be contested. According to Forbes, between 4% and 5% of personal injury cases go to trial. The rest are settled out of court based on the strength of the arguments and supporting evidence provided. Here are a few types of evidence that local personal injury lawyers collect.

Medical Diagnosis and Treatment Costs

You'll need evidence that supports your claims of injuries suffered during an accident if any occurred. A medical diagnosis and the bills for unpaid treatment costs will help your local personal injury lawyers show the accident caused your injuries. Any unpaid medical bills will help to show the harm that you suffered, too. Those bills would include the cost of going to and from your medical appointments, costs paid for prescription drugs, and other costs directly related to your injuries.

Loss of Income and Other Financial Damages

Many people who suffer injuries in a car accident miss work while initially healing. That lost work means lost income, which you can recoup by filing an insurance claim and holding liable parties accountable. Lost income is a type of damage caused by an accident; lost future earnings also fall under this category if your injuries stop you from continuing to work as you had before the accident. Experienced attorneys can help present strongly supported insurance and legal claims for your lost income.

Photographic and Video Evidence

Cellphones, onboard cameras, and digital cameras that people own make it possible to document an accident scene with digital photos and videos. You can use a cellphone or a digital camera to take photos of the accident scene and driving conditions immediately after an accident. If your vehicle has an onboard camera, that camera and any nearby video surveillance cameras also might have recorded the accident. You can gather that evidence and use it to prove that another driver or a third party caused the accident and is liable for the damages.

Contact our experienced local personal injury lawyers at Wilson & Novak Law Offices today! We can review your case and determine what next steps you need to take.

6 Types of Cases Personal Injury Attorneys Take On

Thu, 05 Oct 2023 12:59:00 GMT

You might suffer a personal injury in many ways and have lots of related costs and other harms. Whenever another person's or entity's negligence causes you to suffer an injury, experienced personal injury attorneys can help you to hold those parties liable. According to IBISWorld, the United States has nearly 51,000 personal injury law firms in 2023. The number of practicing personal injury lawyers shows there is a high demand for their legal services. Here are six types of cases that they take.

1. Vehicular Accidents

Almost anyone who drives throughout adulthood winds up in at least one accident. The size, weight, and potential speed of modern vehicles greatly increase the potential for suffering a personal injury when another motorist drives negligently and causes an accident. Personal injury attorneys can help clients file strongly supported insurance claims and hold liable parties accountable for the harm that they suffer. Those harms often include medical costs, pain and suffering, and lost income.

2. Premise Liability

Whenever you are on property owned or controlled by another person or entity, those parties are responsible for maintaining reasonably safe premises. Unfortunately, negligence could make a location unreasonably dangerous and cause you to suffer a personal injury. Premise liability holds negligent parties accountable when people suffer injuries due to unreasonably dangerous conditions. Personal injury attorneys can help to build strong cases and identify potentially liable parties to help accident victims obtain compensation for the harms that they suffered.

3. Slip and Fall Accidents

Slip and fall accidents are among the most common types of premises liability cases that personal injury attorneys accept. Accidents often happen in stores and other commercial locations when a dangerous condition exists that might cause someone to slip, trip, or fall and suffer a personal injury. Slip and fall injuries can be very serious and sometimes cause death. You might break a bone, get a bad laceration, or suffer a head injury. The cause might be liquid, debris, or something else on the floor or steps that can cause you to slip, trip, or fall.

4. Medical Malpractice

Medical doctors and other healthcare professionals are highly educated and trained but still might make mistakes that cause harm to patients. When the care provided is less than the acceptable standard of care for specific medical procedures, you might suffer a personal injury. Nurses might even cause you to fall to the floor while transferring you from a bed or operating table to a wheelchair or gurney. Whenever you suffer an injury due to medical malpractice, personal injury attorneys can help to hold liable parties accountable.

5. Injuries and Illness

Employers are required to carry worker's compensation insurance coverage to help protect workers against the financial impact of suffering work-related injuries or illnesses. When you accept benefits coverage after being injured or taking ill due to work conditions, you give up the right to sue your employer for damages. Unfortunately, employers or insurers might deny coverage and create the need for injured or sick workers to retain the services of personal injury attorneys. The attorneys can help appeal a decision and, if necessary, initiate well-supported lawsuits against employers or insurers.

6. Defective Products

Product defects could make otherwise safe items dangerous to use. When a defective product causes you to suffer one or more injuries, an attorney can help you identify liable parties and hold them accountable with a strongly supported case. Those liable parties might include product manufacturers, distributors, and retailers. They also might include service providers who did not do their work correctly, such as a diesel maintenance and repair facility that does not properly maintain a commercial truck. If the defect causes a trucker to lose control and collide with one or more other vehicles, that service facility might be found partly liable for any harm caused by the accident.

You can call or submit an online request to schedule an initial consultation with one of our experienced personal injury attorneys. An attorney can review your case and help to better determine if you have a good case and the types of evidence needed to help support your legal claims against negligent parties. Call us at Wilson & Novak Law Offices today to get started.

What Should You Do After You've Been in a Car Accident?

Tue, 05 Sep 2023 16:38:00 GMT

After you've been involved in a car accident, chances are the last thing on your mind is what to do next; you're likely caught up in what is happening there and then. However, the first steps you take at an accident scene can directly impact what happens next. If you need to hire accident attorneys and file a personal injury case, you'll want to act quickly. Discover the key steps to take after you've been in a car accident.

Document the Scene

Documenting the accident scene is one of the most important actions you can take after a car accident. Fortunately, technology has made this easier than ever. Simply grab your cell phone and take pictures or a video of the accident. Take photographs of the damage, the position of the cars, and any other information that may show how or why the accident happened. Your attorney will appreciate your due diligence!

Seek Medical Attention

It's crucial to seek medical attention even if you don't immediately feel pain after an accident. Some injuries can be very apparent after a crash, but keep in mind that pain can be easy to ignore when your body is full of adrenaline. Even if you don't think you're injured, get medical attention to document what type of pain you may be experiencing and what types of injuries you may have sustained.

Schedule a Consultation

Finally, make sure to consult with accident attorneys. According to Forbes, only about 4% to 5% of personal injury cases go to trial. Most are settled prior to a case getting before a judge. However, injury lawyers can help direct your care, answer questions you have, and help maximize the settlement you may be able to recover following an accident.

You'll probably have adrenaline running through your body and a lot to think about after a car accident. As such, you may not feel pain from injuries you sustained and your mind may be racing with thoughts. However, it is important to keep a clear head and take the time to document the accident scene, seek medical attention, and schedule a consultation with accident attorneys . If you have been injured in a car crash, we would appreciate the chance to meet with you. Call Wilson & Novak Law Offices today to schedule a consultation.

The Importance of Hiring a Personal Injury Attorney After an Accident

Wed, 02 Aug 2023 14:56:00 GMT

Auto accidents are near certainties for those who drive throughout their adulthood. Unfortunately, many auto accidents also cause injuries and sometimes end up fatal. They also often damage vehicles and may result in harm to accident victims. If you're injured in a car accident caused by a negligent driver or another party, retaining a personal injury attorney is a very smart move. Here's a closer look at how an attorney could help you.

Files a Strongly Supported Insurance Claim

Whether you're driving your own vehicle or are a passenger in someone else's and suffer an accident injury, you'll need to file an insurance claim. The cost of injuries can be very high, and a personal injury attorney can help you to file well-supported claims for your injuries and related damages. According to BankRate, the average economic cost of a vehicular accident was $1.75 million per fatality and more than $100,000 per disabling injury in 2020 due to lost wages, medical costs, auto damage, and other expenses. Your potential damages also could include pain and suffering and other harm, which your attorney can help you to document and claim.

Identifies Liable Parties

When one or more drivers cause an accident due to negligence, the negligent parties are liable for the cost of damages. It's also possible that a third party is at least partly responsible for causing an accident. A poorly maintained roadway, an object in the road, or some other issue might create conditions that result in an accident. Whenever one or more drivers or third parties are at least partly liable for causing your injuries in a car accident, your attorney can help to identify those parties and help you to hold them accountable.

Deposes Witnesses and Other Drivers

A personal injury attorney can depose witnesses who saw the accident that caused your injury. Your attorney can also depose any offending drivers or other parties that might have contributed to causing the accident. Those depositions are evidence that might work in your favor and help to support your claims. If the matter winds up in court, your attorney could use those depositions to help convince a judge or jury that you're a victim who should be compensated for your medical costs and related damages, including lost wages, pain and suffering, and others.

Protects You Against Insurers and Opposing Attorneys

When you retain a personal injury attorney, any insurers, insurance adjusters, or attorneys must communicate through your attorney's law firm. They cannot contact you directly without first contacting your attorney. All that you need to do is contact them to give them your attorney's information or tell them that you have retained an attorney to handle this matter. Once you tell them that you have retained an attorney and provided the contact information, the phone calls and potential home visits should stop.

Stops Related Debt Collections

Your personal injury attorney also can make debt collectors stop any collection activities that might be related to your injury case. Many people who are injured in car accidents cannot work for a period of time and might fall behind on their bills. Medical bills in particular might be very large and trigger debt collections. Your attorney can put a stop to those activities and prevent any negative ratings on your credit report while the matter is being decided. Once it's settled, your attorney will pay your related medical bills from any settlement that you might get.

Makes Insurers Pay Valid Claims

Most states give insurers up to a month to either approve claims and pay them or deny them with cause. Sometimes, insurers try to lowball people who are injured in auto accidents by offering settlements that are much lower than they should be to cover the cost of legitimate claims. The insurers know that many people experience financial hardship while recovering from injuries suffered in car accidents. Accident victims are more apt to accept a lowball settlement offer, but your attorney could stop that from happening.

If you recently suffered an injury due to a car accident or any other kind of accident caused by one or more negligent parties, you can call or submit an online form to schedule an initial consultation with an experienced personal injury attorney . Contact Wilson & Novak Law Offices today to get connected with competent and experienced attorneys.

5 Questions to Ask Your Local Personal Injury Attorney

Thu, 25 May 2023 12:13:00 GMT

If you're the victim of an injury, you may be dealing with a great deal of trauma. Unfortunately, many injuries can happen no matter how careful you are. You may get injured on the job, on the road, or as a customer at a business. According to the CDC, the top three causes of work-related injuries treated in an emergency department were contact with objects and equipment, overexertion and bodily reaction, and falls, slips, or trips. If you've suffered an injury, you should contact your local personal injury attorney. During your consultation, there are many questions you should ask to ensure you have the right legal representation for you. Read on for some questions you can start with.

1. What Experience Do You Have?

Regardless of what type of injury you suffered, you want a lawyer who knows what they're doing. While a young lawyer may be sharp, the more experience a lawyer has, the better, especially when it comes to personal injury cases. Sometimes these cases can be harder to prove, especially in a workplace and with insurance claims. Insurance claims hesitate to pay out large amounts, so you need a legal team on deck that knows how to handle the many layers of the situation. Having a new lawyer versus one with many years of experience handling these types of cases can be a deal breaker between whether you have enough compensation to cover the expenses from missing work and needing rehab versus getting the minimal amount possible.

2. Will the Case Go to Trial?

Just because you pursued legal representation doesn't mean you have to go to court. Your lawyer will do what they can to mediate between the opposing party so that you can settle. That's always the best way to go when possible. However, both sides must agree to the settlement for that to happen. If one side rejects a settlement or settlement offer, you must prepare for a court trial.

3. Do You Offer Free Consultations?

Normally the answer will be yes. Most legal offices do provide free consultations for prospective clients. The consultation may usually last about an hour. The consultation may be over the phone or in person. During this initial consultation meeting, you can ask these related questions listed here. You can also discuss any fees or payment plans that are available. You can go over the logistics of your case, what happened, how the defendant handled the situation, and so on. It's during this consultation that both you and your lawyer can agree on whether you can work together.

4. What Is Your Success Rate?

Personal injury cases can be tricky to win. That's why you want a good local personal injury attorney with a stellar track record. Don't waste your time with legal representation that doesn't know how to benefit the client. You'll end up wasting time, money, and resources on a lawyer. If you lose the case, you won't get your money back. Find the right professional and spend your money wisely.

5. How Often Can I Expect Updates?

When you hire a legal team, you want to ensure they know how to communicate well. Your local personal injury attorney may have different communication methods with their clients. Find out if your attorney prefers to use e-mails, text messages, phone calls, or in-person meetings. You both should agree on the best communication methods for you and how often you should be updated. The last thing you want is to be left in the dark about your case.

Suffering an injury can be hard for anyone. You may be in physical pain and need surgery or physical therapy. In worse cases, a permanent disability may happen. If you have to miss work or become permanently disabled, that can become a major source of financial pressure on you and your household. That's why, regardless of the source of your injury, you need to get the compensation you deserve. Hiring a good local personal injury attorney will ensure you know your rights and don't get taken advantage of. Don't suffer from these injuries alone. Call your local legal team at Wilson & Novak Law Offices today for assistance. We'd be happy to help.

5 Signs You Need an Accident Attorney

Wed, 26 Apr 2023 11:53:00 GMT

According to the CDC, workers younger than 25 need to visit the emergency room for occupational injuries more often than other age groups. However, no matter your age, major accidents are scary, and it can be hard to collect your thoughts and figure out what to do next. If you've recently suffered an injury, watch for these five signs that it's time to call an accident attorney .

1. Serious Injuries

Some injuries are minor and don't require an emergency room visit, but serious injuries that land you in the hospital mean it's time to call a lawyer. If you were seriously injured at work or in a car accident, you should have legal representation.

2. Injuries Involving Multiple Parties

Hiring a lawyer is smart if other people were involved in an incident where you were hurt at work. Whether other parties witnessed the incident or were also injured, a professional will ensure you get the compensation and benefits you deserve.

3. Injuries That Require Evidence

You may need to gather evidence to prove that you weren't at fault in an accident, and that's not easy on your own. Hiring an accident attorney makes it easier to gather the evidence you need to defend yourself and win your case. Your lawyer will take care of the case so you can focus on recovery.

4. Lasting Car Accident Injuries

If you were involved in a car accident, you might feel alright in the immediate aftermath. However, over the course of a few weeks or months, car accident injuries can develop and worsen. This is why it's important to visit a hospital right away and file a claim if you were injured in a car accident.

5. Someone Else Is at Fault

Some accidents are your own fault, but that's not always the case. If you were injured at work due to the negligence of a boss or coworker, you shouldn't have to pay your medical bills and deal with lost wages. Hiring an attorney gives you the legal representation you need if you're not at fault for an accident you were involved in.
It's not always easy to figure out when you should call a lawyer, but the situations described above are indicators that professional assistance is vital. If you were recently injured in an accident, contact Wilson & Novak Law Offices today.

How to Maximize Your Car Accident Claim

Fri, 17 Mar 2023 11:50:00 GMT

If you have recently been in a car accident, you probably feel overwhelmed and unsure of what to do next. In addition to dealing with injuries, car damage, and insurance companies, you may also be considering filing a car accident claim to recover damages. Those damages can be valuable. According to Bankrate, in 2020, the average damages for a fatal car accident were $1,750,000, and $101,000 for a non-fatal accident with injuries. Maximizing your car accident claim can be a complex process, but there are steps you can take to ensure you receive the compensation you deserve. Below are five tips to help you maximize your car accident claim.

Tip #1: Seek Medical Attention and Document Your Injuries

The first step in maximizing your car accident claim is to seek medical attention immediately after the accident. Even if you feel fine, it's important to get checked out by a medical professional to rule out any underlying injuries that may not be immediately apparent. This is important for your health and creates a paper trail that will be valuable in your car accident claim. Document all medical expenses, including doctor's visits, medications, and any necessary medical devices or equipment. You should also keep track of any missed work or income due to the accident. The more documentation you have, the stronger your case will be when negotiating with insurance companies or filing a lawsuit.

Tip #2: Collect Evidence From the Scene of the Accident

Collecting evidence from the accident scene is crucial in maximizing your car accident claim. Take photos of any damage to your vehicle and any other vehicles involved in the accident. You should also take photos of the surrounding area, including any skid marks, debris, or road conditions that may have contributed to the accident. If there were witnesses to the accident, collect their contact information. They may be able to provide valuable testimony to support your case. It's also a good idea to get a copy of the police report, which can provide additional evidence to support your claim.

Tip #3: Be Cautious When Speaking With Insurance Companies

When dealing with insurance companies, being cautious and mindful of what you say is important. Insurance adjusters may try to get you to say things that could damage your case, so it's important to avoid admitting fault or accepting blame for the accident. Stick to the facts and be honest, but avoid making speculative or assumptive statements. It's also a good idea to consult with a car accident attorney before speaking with insurance companies. They can guide what to say and how to handle the situation to ensure you receive the compensation you deserve.

Tip #4: Don't Settle Too Quickly

It's tempting to settle quickly to get the compensation you need to cover medical expenses and car repairs. However, settling too quickly can be a mistake. Once you settle, you forfeit the right to pursue additional compensation, even if new medical issues arise due to the accident. Be patient and wait until you fully understand your injuries and the long-term effects of the accident before settling. An experienced car accident attorney can help you determine the full extent of damages and ensure you receive a fair settlement.

Tip #5: Hire an Experienced Car Accident Attorney

Hiring an experienced car accident lawyer is one of the best ways to maximize your car accident claim. A skilled attorney can help you navigate the complex legal system and negotiate with insurance companies to ensure you receive the compensation you deserve. An attorney can also provide valuable guidance on documenting your injuries, collecting evidence, and avoiding common mistakes that can damage your case. They can help you determine the full extent of damages and ensure you receive a fair settlement or verdict if your case goes to trial.

Ready to maximize the compensation for your car accident? Contact us today at Wilson & Novak Law Offices. We can help you file a claim, negotiate with insurers, and take the case to trial if necessary. Car accident claims are complicated but there is help available. Our experienced car accident lawyers are ready to discuss your case with you. Let's connect today and start the conversation.

What Are the Most Common Workplace Injuries?

Mon, 23 Jan 2023 14:21:00 GMT

Serious work-related injuries can be very hard to bounce back from and may require a personal injury lawyer to get fair compensation. According to the Centers for Disease Control and Prevention, the three most common causes are contact with objects and equipment; overexertion and bodily reaction; and falls, slips, or trips. However, there are many more to consider that may seriously impact your overall health. Read below to see the other most common workplace injuries you should avoid.

Equipment Contact

Equipment contact refers to people coming into direct contact with work-related items and getting injured. For example, a carpenter who's cut by their saw would experience equipment contact-related injuries. These may also include electrical shocks or burns by fire or chemicals.

The severity of equipment contact injuries will vary based on what items a person touches. For example, contact with a running power saw may cause worse injuries than touching a non-powered saw blade. The severity and extent of an injury can also affect what compensation a person receives.

Overexertion and Bodily Reaction

Unfortunately, people in physically demanding jobs may be at a high risk of overexerting themselves and suffering physical or emotional injuries. The extent of their overexertion can impact what compensation they receive, as well as how they overexert themselves in the workplace.

A business that mandates overtime work and causes an employee's physical collapse is more likely to be considered to be at fault than someone who works too hard on their own time. In these situations, it's important to work with a lawyer who understands your rights.

Falls, Slips, or Trips

Slips, falls, and trips at the workplace are very common and can be incredibly painful. Whether that's a personal injury lawsuit depends on the context of the fall. Typically, the employer has to be responsible for the conditions that led to an employee falling down.

For instance, if an employer was aware of ice on their parking lot and did nothing to help it, they're liable if an employee is injured. The same is true of slippery floors that aren't properly labeled, such as if a leaking roof causes water to fall onto a floor. In this situation, a personal injury lawyer is critical.

Repetitive Strain Injury

A repetitive strain injury is an injury that occurs due to repetitive use of a specific part of the body. For example, a builder using a jackhammer repeatedly may suffer from a repetitive strain injury in their wrists, hands, and throughout the rest of their arms. This injury may also occur in typing-based jobs.

The extent of an employer's liability for these injuries is often hard to prove. Typically, the employer is liable if they don't do enough to help reduce an employee's risk of these injuries, such as failing to provide adequate break periods or health care if they suffer from a repetitive strain injury.

Crashes

If you work in a job with motorized vehicles, such as delivery or as a forklift operator, there's a real risk that you might get into a crash. A crash-related injury can be very damaging and can impact your overall health or cause other issues, such as reducing your overall strength and balance.

In this type of lawsuit, you need to prove that your employer or someone else was liable for your crash. For example, if your employer didn't properly maintain a car and this caused the crash, it's important to prove that they were negligent by not properly handling repairs.

Burns

Depending on your work environment, you may be at risk of several types of burns. Fire-based burns are not uncommon in welding professions. However, you may also experience chemical burns or exposure to various toxic fumes at your workplace.

These burns can be very painful and may cause long-term complications with your health. This may include lung damage caused by breathing toxic fumes. Working with a skillful lawyer can help you better prepare for this kind of long-term and complicated lawsuit.

Reaching out to a personal injury lawyer can make it easier to present your case and potentially earn compensation for your injuries. Personal injury lawyers can also help create a better and more effective way of defending yourself in what can be lengthy and emotionally challenging lawsuit situations. Contact Wilson & Novak Law Offices today to receive the personal injury assistance you deserve.

How to Receive Legal Assistance After a Workplace Injury

Tue, 27 Dec 2022 15:34:00 GMT

Do you understand your risk for a workplace injury? Compared to other age groups, workers younger than 25 years old have higher rates of occupational injuries that need emergency care, according to the CDC. If you get a workplace injury, it's essential to seek legal assistance as soon as possible. Receiving legal help will ensure that your rights are protected and your chances of a favorable outcome are greater. Here's how to get legal help after a workplace injury.

1. Seek Medical Attention Immediately

T he first step after a workplace injury is to seek medical attention. Even if you think the injury is minor, you should get it checked out by a doctor as soon as possible. You'll get proper diagnosis and treatment for any injuries you have, reducing the risk of long-term health problems.

T he first step after a workplace injury is to seek medical attention. Even if you think the injury is minor, you should get it checked out by a doctor as soon as possible. You'll get proper diagnosis and treatment for any injuries you have, reducing the risk of long-term health problems.

2. Contact a Personal Injury Attorney

A fter you've received medical care, the next step is to contact an attorney. A personal injury attorney can help you navigate the complex legal process and protect your rights during it. They'll also be able to advise you on any possible legal options that may be available to you.

A fter you've received medical care, the next step is to contact an attorney. A personal injury attorney can help you navigate the complex legal process and protect your rights during it. They'll also be able to advise you on any possible legal options that may be available to you.

3. Know Your Rights

It's important to be aware of your rights as an employee after a workplace injury. You may be entitled to compensation for lost wages, medical expenses, and damages. You have the right to file a lawsuit against your employer if your workplace injury happened due to their negligence.

It's important to be aware of your rights as an employee after a workplace injury. You may be entitled to compensation for lost wages, medical expenses, and damages. You have the right to file a lawsuit against your employer if your workplace injury happened due to their negligence.

4. Gather Evidence

Y our attorney may also ask for evidence to help prove that the workplace injury resulted from employer negligence or another fault of the company. This can include photos of the accident site, medical records, and witness statements. It's important to gather as much evidence as possible, as this will be crucial in any legal proceedings.

Y our attorney may also ask for evidence to help prove that the workplace injury resulted from employer negligence or another fault of the company. This can include photos of the accident site, medical records, and witness statements. It's important to gather as much evidence as possible, as this will be crucial in any legal proceedings.

5. Stay Up-To-Date

A s the legal process moves forward, it's essential to stay up-to-date on all developments. Your attorney can provide updates on the case and advice on any decisions that need to be made. Additionally, staying in contact with your personal injury attorney throughout the process is important.

Receiving legal assistance after a workplace injury is essential to ensure your rights are protected. It's important to seek medical attention, contact an attorney, know your rights, gather evidence, and stay up-to-date on any developments. If you've been injured in the workplace, don't hesitate to seek legal help today. Contact Wilson & Novak for assistance.

A s the legal process moves forward, it's essential to stay up-to-date on all developments. Your attorney can provide updates on the case and advice on any decisions that need to be made. Additionally, staying in contact with your personal injury attorney throughout the process is important.

Receiving legal assistance after a workplace injury is essential to ensure your rights are protected. It's important to seek medical attention, contact an attorney, know your rights, gather evidence, and stay up-to-date on any developments. If you've been injured in the workplace, don't hesitate to seek legal help today. Contact Wilson & Novak for assistance.

What Is a Slip and Fall Accident?

Mon, 06 Dec 2021 13:52:00 GMT

A slip and fall accident occurs when a person slips, trips, falls or is otherwise injured on another person’s property.

This type of accident may occur on a rough patch of ground, a flight of stairs, a dangerous floor or any other poorly maintained property. In some cases, the property owner is partially or wholly responsible for the accident and can be held liable for any injuries.

In a slip and fall case, the property owner can only be held liable if one of these criteria is met: The owner knew of the dangerous condition but failed to take steps to improve it, the owner directly caused the dangerous condition (such as a spill or worn surface) or the owner should have known of the unsafe condition because a “reasonable” person would have been aware of it.

While the third situation is the most common, it is typically the most difficult to prove. Determining whether a property owner was “reasonable” requires investigating whether the person made regular and thorough efforts to keep the property clean, safe and well maintained.

When trying to figure out if a property owner was liable for your injury, it can be helpful to ask yourself a few questions. If you tripped over something on the floor, was it there long enough that the owner should have been aware of it? Was there a clear reason for it to be there or was there a safer place it could have been located? Could a warning have been given or a barrier been put in place to prevent injuries?

If you or someone you know was injured on someone else’s property and you believe the owner was responsible for the injuries, work with an Indiana slip and fall lawyer to explore your options for seeking compensation. Wilson Novak Law Offices has experience handling premise liability claims. Contact us about your case.

How Might COVID-19 Change the Way Personal Injury Cases Are Litigated?

Wed, 17 Jun 2020 13:18:00 GMT

Like most other activities where in-person interaction is required, personal injury lawsuits have been disrupted by the COVID-19 pandemic. This can put serious stress on parties who are looking to achieve a legal resolution to disputes stemming from auto accidents, falls and other times types of harmful incidents allegedly caused by a defendant’s negligence.

Whether you’re a plaintiff or defendant in one of these cases, COVID-19 could change how your litigation proceeds in many different ways , such as:

COVID-19 has already changed how the legal industry as a whole is operating. Don’t hesitate to reach out to a personal injury attorney who can help you answer these questions about your particular situation.

Contact one of the experienced personal injury attorneys at Wilson Novak to discuss your situation.

Wilson Novak Law Offices represents clients in a wide range of personal injury matters. Please call 219-757-0225 or contact the firm online to set up a meeting regarding your potential case.

Due to COVID-19 , Some Police Departments Not Responding to Minor Auto Accident Calls

Wed, 10 Jun 2020 13:07:00 GMT

Police officers and other first responders face increased risks due to the COVID-19 pandemic that has changed nearly every facet of our lives. As stay at home orders in many states and cities require non-essential businesses to shut down or cut back on hours in operation, measures are also being taken to protect law enforcement personnel.

In Memphis and other locations, police departments are temporarily changing their car accident reporting procedures amid the coronavirus pandemic. Officers in the Tennessee city are not responding to minor car accidents unless some other circumstance justifies their presence. Examples where an officer would come to the scene include when a wrecker is needed, if a confrontation exists between the parties and where drugs or alcohol might be related to the collision.

No matter where you are, if you’ve been in a minor vehicle accident and the police are not coming to the scene, you should take the following steps, if possible:

Navigating automobile accident procedures can be daunting, especially in a time when resources are strained. If you are in a car accident, an experienced and knowledgeable attorney can evaluate your circumstances and advise you if you might be entitled to compensation.

Contact a skillful auto accident lawyer to discuss your legal options

Wilson Novak Law Offices litigates cases stemming from car crashes and other types of vehicle accidents. For a consultation regarding your potential case, please call 219-757-0225 or contact the firm online.

What Types of Personal Injury Claims Might Result from COVID-19 Exposure?

Wed, 03 Jun 2020 20:21:00 GMT

COVID-19 exposure has led to a litany of serious health issues and tens of thousands of deaths. Though everyone’s health is top priority, afflicted individuals and family members of those who have been lost might wonder what type of claims can be brought in relation to coronavirus infections. Though each case is unique and it could be difficult to establish liability for such an unforeseen event, we could see a surge in product liability, medical malpractice and fraudulent marketing lawsuits once courts open and victims learn about their legal options.

An experienced personal injury attorney can listen to what happened in your case and assess if you have an actionable claim in one of the following areas:

Personal injury claims stemming from COVID-19 should become commonplace once the extent of the damage becomes clearer. It is important to stay vigilant in your safe practices, which include carefully choosing where you go and what products you use to protect you and your loved ones. If you think you have been exposed to coronavirus because of the negligent actions of another, then it is important to speak to an experienced personal injury attorney immediately.

Contact a personal injury lawyer for a consultation about your potential case

Wilson Novak Law Offices advocates on behalf of clients in all types of personal injury litigation. To schedule an appointment regarding your legal options, please call 219-757-0225 or contact the firm online to speak with a qualified attorney about your concerns.

Wilson Novak Law Offices advocates on behalf of clients in all types of personal injury litigation. To schedule an appointment regarding your legal options, please call 219-757-0225 or contact the firm online to speak with a qualified attorney about your concerns.

Can You Bring an Emotional Distress Claim Related to COVID-19?

Tue, 05 May 2020 20:47:00 GMT

The novel coronavirus that causes COVID-19 is not only potentially deadly, but can be transmitted by individuals who are not showing any symptoms, so people might fear that they’ve contracted the illness even if they feel fine. While the virus has existed in the United States for months, obtaining a test is still difficult in many areas and getting the results can take several days. It’s understandable that a person who believes he or she was exposed to coronavirus might suffer significant emotional harm regardless of what the test result eventually shows. As more Americans are afflicted with COVID-19, it seems likely that we’ll see lawsuits seeking damages for emotional distress related to actual or potential infection.

States vary in how they handle claims alleging negligent infliction of emotional distress , but by examining some of the elements of these actions, along with similar actions involving the spread of disease, we can gain some insight as to how these cases might be litigated. Key factors in emotional distress lawsuits can include:

Emotional distress litigation is often complicated, made more so by the great variance regarding reasonable safety measures that should be taken to stop the spread of COVID-19. Once you discuss your situation with a lawyer who is familiar with these claims, you’ll have a better perspective on your options.

Contact an effective personal injury lawyer to discuss your case

Wilson Novak Law Offices advocates on behalf of clients in personal injury cases. To set up a consultation, please call 219-757-0225 or contact the firm online .

Drop in Car Crashes, Spike in Bicycle Accidents Linked to Coronavirus

Tue, 28 Apr 2020 20:53:00 GMT

Once Americans came to understand how deadly the coronavirus can be and how easily it is passed from person to person, transportation habits changed. Not only did people drastically curtail business and personal travel, but many stopped going to their workplaces. That has led to a reduction in car accidents at the same time that […]

ATV Crash Hospitalizations Highlight Dangers of Speeding

Mon, 06 Oct 2014 12:51:00 GMT

On July 4, 2014 police in Crawford County, Indiana were called to the scene of a crash involving an all-terrain vehicle (ATV) carrying two people. The accident occurred around 7 p.m. on Vanlanningham Road near Milltown.

According to police, 47-year-old Lisa March, who was driving the ATV, reportedly lost control of the vehicle and crashed into a barbed-wire fence. She and the other passenger, 54-year-old Kerry Koch, were thrown from the ATV. They both suffered broken bones and lacerations from the barbed wire.

A joint investigation conducted by the Crawford County Sheriff’s Department and the Milltown Police is in progress. However, police believe speed was a contributing factor in the crash and say possible charges are pending.

If they are not operated properly, ATVs can be incredibly dangerous. A report issued in April by the Consumer Product Safety Commission showed that there were an estimated 107,900 ATV-related injuries treated in emergency rooms in 2012. An estimated 25 percent of those injured were children under the age of 16. ATV-related injuries are often severe and may involve head, neck and torso trauma. The warmer months of the year — typically July, August and September — are the peak months for ATV-related accidents.

It is important to exercise the utmost care and caution when operating an ATV and to avoid driving these vehicles on paved roads. Operators must always look both ways before crossing streets. If you have recently been injured in an ATV collision caused by another person’s negligence, speak with an experienced Indiana personal injury attorney.

Wrong-Way Stolen Car Crash Leaves One Dead, 20 Injured

Wed, 06 Aug 2014 12:51:00 GMT

On July 13, a head-on collision on Interstate 70 in eastern Indiana killed one car’s driver and injured 20 other people. The a ccident reportedly occurred around 7 a.m. and is believed to have been caused by a driver going the wrong way in a lane.

According to sources at the Wayne County Sheriff’s Office, a 1990 Ford Mustang, which had recently been reported stolen from a nearby truck stop, was driving west in an eastbound lane when it collided with a Greyhound bus. At the time of reporting, it was unclear how long the driver had been traveling in the wrong lane or whether he was aware of the fact. Witnesses reported that the bus ended up on the highway’s shoulder after the collision, while the Mustang was nearly flattened. The Mustang’s driver, later identified as Phillip Lloyd from Richmond, Indiana, died at the scene.

The Greyhound bus had 24 people onboard, including the driver, all of whom were transported to local hospitals. Two passengers were admitted for serious injuries, and the bus driver was airlifted to the Methodist Hospital in Indianapolis. The rest of the bus passengers were released after being treated for minor injuries.

While wrong-way car accidents are rare, they frequently have devastating consequences and their causes are often linked to drugs and alcohol. Anyone injured in a car accident caused by a wrong-way driver can file a personal injury lawsuit against the responsible party. Consult a skilled Indiana auto accident lawyer to learn more about your options.