Blog | Wilson & Novak Law Offices

Can You File a Personal Injury Claim after a Workplace Accident?

Wed, 27 May 2026 22:15:23 GMT

Workplace Injuries Due to Negligence

Getting hurt on the job can turn your entire life upside down. Between mounting medical bills, missed paychecks, and the challenge of physical recovery, the stress can feel relentless. Most employees know they can file for workers’ compensation after a workplace injury , but many don’t realize they might also have the right to pursue a personal injury claim for additional compensation.

At Wilson & Novak , we help injured workers throughout Indiana understand their full range of legal options after serious job-related accidents. Whether your injuries occurred on a construction site, in a warehouse, or while driving for work, our attorneys can determine whether you may have a valid workers’ compensation claim, a personal injury claim, or both.

Workers’ Compensation vs. Personal Injury Claims

The first thing you should understand is that workers’ compensation and personal injury claims are not the same. Workers’ compensation is a no-fault system. That means you can typically obtain benefits even if the accident was partly your fault. These benefits may include payment for medical treatment, partial wage replacement, and in some cases, compensation for permanent disability. However, it doesn’t cover pain and suffering or other personal losses.

A personal injury claim , on the other hand, is based on negligence. To recover damages, you must prove that another person or company’s carelessness caused your injuries. The advantage is that a personal injury lawsuit allows you to seek full compensation, including pain and suffering, emotional distress, and the lasting impact on your quality of life.

When You May Be Able to File a Personal Injury Claim

In most situations, Indiana law prevents employees from suing their employers directly for negligence. Workers’ compensation is usually your exclusive remedy. But there are exceptions. You may have the right to pursue a separate personal injury claim when someone outside your employment relationship contributed to your injury.

A Third Party Caused Your Injury

If someone who is not your employer or coworker caused your injury, you may have a personal injury case. For example:

• A delivery driver from another company hits you while you are making work deliveries;

• A subcontractor’s unsafe actions cause a construction site accident; or

• A defective machine manufactured by a third party malfunctions and injures you.

In each example, the negligent third party can be held responsible in a personal injury claim, while you still receive workers’ compensation benefits.

Defective or Unsafe Equipment

If unsafe or defective machinery caused your accident, you may have a product liability claim against the manufacturer or distributor. Examples include defective scaffolding, malfunctioning forklifts, or protective gear that fails during use.

To win this type of case, your attorney must show the product was defective when it left the manufacturer’s control and that the defect directly caused your injury. These claims often require investigation and expert testimony, which Wilson & Novak can handle on your behalf.

Toxic Exposure or Dangerous Substances

Certain industries expose workers to chemicals, fumes, or materials that can cause long-term harm. If another company supplied unsafe products or failed to warn about hazards, you may have grounds for a third-party personal injury lawsuit.

Intentional or Reckless Conduct by an Employer

Although rare, if an employer intentionally causes harm or acts with reckless disregard for employee safety, a personal injury claim may be possible. For instance, if an employer knowingly violates safety laws and causes a preventable injury, a court may allow a civil lawsuit in addition to workers’ compensation.

Types of Damages Available in a Personal Injury Claim

The damages available through a personal injury claim go far beyond what workers’ compensation provides. You may be entitled to recover compensation for:

• Pain and suffering in the past and future;

• Emotional distress and mental anguish;

• Loss of enjoyment of life;

• Permanent disability or disfigurement;

• Loss of consortium, which compensates a spouse for the impact on the relationship; and

• Punitive damages in cases involving reckless or intentional misconduct.

These damages are designed to fully recognize the physical, emotional, and financial effects of your workplace injury.

Indiana’s Statute of Limitations for Personal Injury Claims

Timing is critical. Indiana law generally gives you two years from the date of your injury to file a personal injury lawsuit. You can review the law under Indiana Code § 34-11-2-4 .

If your claim involves a government entity, even shorter deadlines may apply, 180 days for local agencies and 270 days for state agencies. Missing these deadlines can permanently bar your right to compensation. As such, it’s imperative to speak with an Indiana personal injury attorney as soon as possible after your accident.

Common Examples of Workplace Accidents That May Involve Third-Party Claims

Wilson & Novak handles a wide range of cases where injured employees were able to bring personal injury claims in addition to receiving workers’ compensation, including:

• Construction site accidents involving subcontractors or defective machinery;

• Vehicle collisions with delivery drivers, commercial fleets, or rideshare companies;

• Slip-and-fall incidents in shared office or warehouse spaces;

• Malfunctioning power tools, presses, or lifts; and

• Electrical or elevator accidents caused by negligent third-party maintenance providers.

Even if you are unsure who caused your injuries, it’s worth having your case reviewed. You might have more options than you think.

Why Work With Wilson & Novak

Handling both a workers’ compensation claim and a personal injury lawsuit can be overwhelming. The two systems operate under different laws, deadlines, and procedures, and insurance companies are quick to take advantage of injured workers who try to handle everything on their own.

At Wilson & Novak, we manage both processes to protect your rights and maximize your recovery. Our Indiana personal injury attorneys carefully investigate every case, identify all responsible parties, and coordinate your workers’ compensation and personal injury claims to ensure you receive the full compensation you deserve. We also communicate directly with insurance companies so you can focus on what matters most, your health and your future.

Contact Our Indiana Workplace Injury Lawyers Today

Workplace accidents can leave you facing months, or years, of recovery and financial strain. You don’t have to go through it alone. The attorneys at Wilson & Novak provide the guidance and representation injured Indiana workers need to recover physically, emotionally, and financially.

To learn more about your rights after a workplace accident or to discuss your potential personal injury claim, please contact us online today for a free case analysis.

How Do You Figure Out How Much Your Car Accident Case is Worth?

Mon, 23 Mar 2026 18:59:08 GMT

There are many factors that affect the final compensation for a personal injury claim

After a collision, one of the first questions most people ask is, “How much is my car accident case worth?” Medical bills, missed time from work, and the stress of recovering can make financial concerns overwhelming. While every case is different, understanding the factors that influence case value can help you form a clearer picture of what to expect. As you begin exploring your options, Wilson & Novak is here to walk you through the key factors that affect car accident case value and the evidence that often shapes negotiation outcomes.

Evaluating a car accident claim involves reviewing both financial losses and the personal impact of the crash. Insurance companies frequently try to undervalue injuries, minimize damages, or shift blame. A clear understanding of how case value is calculated helps you protect yourself and avoid accepting less than you deserve.

Economic Damages: Your Measurable Financial Losses

Economic damages represent the direct financial cost of an accident. These losses often form the foundation of a personal injury claim.

Medical Expenses

Medical treatment is typically the most significant portion of a claim. Case value increases based on the type and duration of medical care, which may include emergency treatment, hospitalization, surgery, diagnostic tests, physical therapy, prescription medication, and follow-up appointments. Some injuries require long-term treatment or create lasting impairment, and those future medical needs must be included when calculating damages.

Lost Wages

If your injuries prevented you from working, you may recover lost income. Employer documentation plays a vital role in establishing the amount of income you missed.

Lost Earning Capacity

When an injury affects future work ability or long-term earning potential, compensation may include projected future losses. This often applies in cases involving permanent impairment or injuries that prevent a person from returning to their previous job.

Property Damage

Property damage includes the cost to repair or replace your vehicle and personal items such as electronics, eyeglasses, or car seats.

Non-Economic Damages: The Human Impact of the Crash

Not all losses are financial. Indiana law recognizes that pain, emotional distress, and disruption to daily life also matter.

Pain and Suffering

This category covers physical pain during recovery and any ongoing discomfort. Long-lasting or severe injuries typically result in higher compensation.

Emotional Suffering and Mental Anguish

Car accidents often trigger emotional reactions such as anxiety, depression, sleep problems, flashbacks, or fear of driving. These symptoms can significantly affect daily life.

Loss of Enjoyment of Life

If you can no longer participate in activities or hobbies you once enjoyed, this loss is part of your non-economic damages.

Permanent Disfigurement or Scarring

Visible injuries often increase case value due to the long-term physical and emotional impact.

How Fault Affects Case Value in Indiana

Even with clear damages, fault plays an important role in determining compensation. Indiana follows a comparative fault system under Indiana Code § 34-51-2 . Under this law:

You may recover damages if you are less than 51% at fault
Your compensation is reduced by your percentage of fault
You receive no compensation if you are 51% or more at fault

Insurance companies often use comparative fault to reduce payouts, so gathering evidence early helps counter unfair claims.

The Severity and Type of Injury

Some injuries carry higher case values because they create lasting consequences. Examples include spinal injuries, traumatic brain injuries, severe fractures, nerve damage, chronic pain disorders, or disfigurement. Even soft-tissue injuries can result in significant compensation when they interfere with daily functioning or require prolonged therapy.

Future Medical Needs and Long-Term Care

Future medical treatment can dramatically increase case value. Long-term care may include additional surgeries, ongoing therapy, pain management, in-home care, mobility aids, or specialized equipment. Insurance companies often underestimate or ignore future needs, underscoring the importance of thorough medical documentation.

How Insurance Companies Approach Case Value

Insurance adjusters aim to limit the insurer's financial exposure. They rely on internal formulas, historical settlements, and close scrutiny of medical records. Some common tactics include minimizing the seriousness of injuries, suggesting treatment was unnecessary or excessive, arguing that treatment delays show the injuries were minor, or pushing for fast, low settlements.

Adjusters may also misinterpret medical notes, question whether your pain is related to the crash, or pressure you to provide statements that can later be used against you. With the proper guidance, you can respond confidently and protect the strength of your claim. When you have an Indiana car accident attorney from our firm by your side, you can avoid falling victim to their tactics.

Understanding Indiana’s Statute of Limitations

Indiana law gives you a limited amount of time to take legal action. Under Indiana Code § 34-11-2-4 , most personal injury lawsuits must be filed within two years of the accident. Missing this deadline means you lose your right to seek compensation, even if your injuries are severe. Negotiations with the insurer do not pause this legal deadline, so starting early is essential.

Why Evidence Matters So Much When Determining Case Value

Evidence is central to determining the true value of your case. Key evidence includes medical records, accident scene photos, vehicle damage documentation, witness statements, dashcam footage, police reports, expert assessments, and employment records. Without solid evidence, an insurer is more likely to undervalue your claim.

Early Legal Help Can Increase Case Value

Accident claims frequently involve multiple parties, disputed liability, or complex damages. Legal support helps ensure evidence is preserved, inaccurate fault assignments are challenged, and future damages are thoroughly evaluated. Your Indiana personal injury lawyer can also handle negotiations, reducing the risk of accepting an offer that does not reflect the full impact of your injuries.

Speak With Wilson & Novak for a Free Case Analysis

Determining how much a c ar is worth requires careful review of your injuries, financial losses, and future needs. If you were injured in a collision, Wilson & Novak will help you understand your options and protect your right to full compensation. For a free case analysis, contact us today.

Spinal Cord Injuries and Paralysis: Maximizing Compensation for Catastrophic Harm

Mon, 16 Mar 2026 10:00:00 GMT

Few injuries are as devastating, or as permanent, as a spinal cord injury, which makes obtaining maximum compensation especially important whenever possible. Compensation should be available when someone else's negligence was responsible for causing a preventable spinal injury. Yet, getting the full amount you deserve to cover your lasting losses is challenging in most cases.

If you or someone you love has suffered a spinal cord injury due to another person's negligence in Northwest Indiana, you are entitled to pursue compensation that reflects the true, long-term scope of that harm . That means not just what you've spent so far, but everything this injury will cost you and your family for the rest of your life.

Achieving that kind of full and fair recovery requires an experienced personal injury attorney who knows how to build and fight for a catastrophic injury claim. Contact Wilson & Novak today if you suffered a spinal cord injury and paralysis in Indiana.

Understanding Spinal Cord Injuries

The spinal cord runs from the base of the brain down through the vertebral column. When it is damaged by trauma, the consequences depend on where along the spine the injury occurs and whether the damage is complete or incomplete.

A complete spinal cord injury means there is no motor function or sensation below the level of the injury. An incomplete injury means some function is preserved. In general, injuries higher on the spine affect more of the body. Cervical injuries, those to the neck region, can cause tetraplegia (previously called quadriplegia), which affects movement and sensation in the arms, hands, trunk, legs, and pelvic organs. Thoracic and lumbar injuries typically cause paraplegia, affecting the legs and lower body.

Common causes of traumatic spinal cord injuries include:

In Northwest Indiana, where Interstate 80/94 has heavy commercial truck traffic, high-speed and high-force vehicle crashes are a leading cause of catastrophic injuries like spinal cord damage.

The True Cost of a Spinal Cord Injury

One of the most important things an injured person and their family need to understand is that a spinal cord injury is not just a medical event. It is a permanent alteration of life that touches every aspect of daily existence, and the financial costs are staggering.

Research indicates that first-year costs for a person with high cervical tetraplegia can exceed $1 million , with subsequent annual costs remaining in the hundreds of thousands. Over a lifetime, total costs can reach several million dollars depending on the individual's age at the time of injury and the severity of their condition.

These costs include, but are not limited to:

Emergency care, surgery, and acute hospitalization
Intensive rehabilitation, including physical, occupational, and speech therapy
Assistive technology such as power wheelchairs, communication devices, and environmental control systems
Home modification to accommodate wheelchair access, roll-in showers, widened doorways, and other accessibility needs
Specialized vehicle modifications
Attendant and personal care services for daily living activities
Ongoing medical management, including treatment for complications such as respiratory issues, pressure wounds, urinary tract infections, and spasticity
Prescription medications and medical supplies
Psychological counseling for both the injured person and family members
Lost income, including not only what has already been missed but the full value of the career and earning potential the victim can no longer pursue

When insurance companies and defense attorneys try to settle a spinal cord injury case quickly and cheaply, they are counting on injured people not understanding the full scope of their future needs. A fast settlement that feels like a large sum today can fall catastrophically short of covering a lifetime of care.

How Compensation Is Calculated in Catastrophic Injury Cases

Maximizing a spinal cord injury settlement or verdict requires a thorough and evidence-based assessment of both economic and non-economic damages.

Economic Damages

Economic damages are the quantifiable financial losses tied to the injury. These include all past and future medical expenses, the cost of home and vehicle modifications, the expense of ongoing personal care, and the full value of lost income and diminished earning capacity. Calculating future costs accurately requires working with life care planners, vocational experts, and economists who can project costs over the victim's expected lifetime and present those projections in a way that holds up under scrutiny.

Non-Economic Damages

Non-economic damages account for the profound human losses that cannot be captured in a billing statement. These include pain and suffering, loss of enjoyment of life, emotional distress, loss of independence, and, in some cases, loss of consortium for a spouse or partner who has been affected by the injury. Indiana does not cap non-economic damages in most personal injury cases, which means there is no artificial ceiling on what a jury can award for these losses.

In cases involving gross negligence, such as a drunk driver or a trucking company that knowingly allowed an unsafe driver to operate, punitive damages may also be available.

Why These Cases Demand Experienced Representation

Spinal cord injury cases are among the most complex and high-stakes personal injury claims an attorney can handle. The defense and their insurers will invest heavily in fighting these claims, bringing in their own medical experts, life care planners, and economists to minimize projected future costs. They will scrutinize every aspect of the victim's medical history, looking for pre-existing conditions to blame. They will push for early settlements at fractions of the case's true value.

Standing up to that kind of opposition requires an attorney with the resources, experience, and willingness to take the fight all the way to trial if necessary. At Wilson & Novak Law Offices, we understand the human side of catastrophic injury cases. Behind every spinal cord injury is a person whose life has been irrevocably changed, and a family that is trying to hold everything together while navigating an overwhelming new reality. We treat our clients accordingly.

Take Action Now With Our Indiana Spinal Injury Attorneys

If you or a loved one has suffered a spinal cord injury or paralysis due to someone else's negligence anywhere in Northwest Indiana, time matters. Evidence must be preserved, witnesses must be interviewed, and the full scope of your future needs must be carefully documented from the earliest stages of your case.

Contact Wilson & Novak Law Offices today for a free consultation. We can evaluate your case at no charge and explain your legal options.

Rideshare Accidents in Merrillville: Filing Claims Against Uber and Lyft

Mon, 09 Mar 2026 10:00:00 GMT

Filing a claim after a rideshare accident is significantly more complicated than a standard car accident case. Uber and Lyft are billion-dollar corporations with lawyers and carefully crafted insurance policies designed to minimize the payouts they must make to injured people. This doesn't mean a successful rideshare accident claim is impossible, but it does mean that the right legal help is particularly important.

Never hesitate to contact Wilson & Novak for a free consultation today following rideshare-related injuries.

Why Rideshare Accident Claims Are Different

In a typical car accident case, you're usually dealing with one driver and their personal auto insurance policy . In a rideshare accident, the picture is more complicated.

Uber and Lyft do not employ their drivers, but work with them on a contract basis. This means liability does not automatically attach to the rideshare corporations when accidents occur. However, state laws address this loophole and hold these companies liable under certain circumstances.

Both companies must carry commercial insurance policies, and the coverage that applies depends entirely on what the driver was doing at the time of the accident. There are essentially three phases of rideshare operation, and each triggers a different level of insurance coverage.

The Three Coverage Phases

Phase 1: The App Is Off

If the driver's rideshare app was not active at the time of the crash, neither Uber nor Lyft provides any coverage at all. The accident is treated like any other collision, and the driver's personal auto insurance policy is the only available source of compensation. Indiana requires minimum liability coverage of $25,000 per person and $50,000 per accident, and many drivers carry only the minimum.

Phase 2: The App Is On, No Passenger Yet

When a driver has the app turned on and is available to accept rides but has not yet matched with or picked up a passenger, Uber and Lyft provide contingent liability coverage. In Indiana, this typically means $50,000 per person, $100,000 per accident, and $25,000 in property damage coverage. This contingent coverage only applies if the driver's personal insurance denies the claim or provides insufficient coverage.

Phase 3: En Route to a Passenger or Carrying a Passenger

This is where Uber and Lyft's full commercial policy kicks in. Once a driver has accepted a trip and is on the way to pick up a passenger, or once a passenger is in the vehicle, both Uber and Lyft carry up to $1 million in liability coverage. This is the coverage that applies in the most serious rideshare accident scenarios, and it is also the coverage that these companies fight hardest to limit.

Who Can File a Rideshare Accident Claim?

Several categories of people may have a valid rideshare accident claim:

Passengers riding in an Uber or Lyft vehicle when an accident occurs are generally in the strongest position, as the full $1 million policy typically applies.
Other drivers and their passengers who are struck by a rideshare vehicle may be able to pursue a claim depending on which phase the driver was in at the time of the crash.
Pedestrians and cyclists hit by a rideshare driver may also have a claim against Uber or Lyft's policy, again depending on the driver's status in the app at the time of impact.

Common Causes of Rideshare Accidents

Rideshare drivers are often under pressure to accept rides quickly, travel around unfamiliar areas, and keep their app ratings high. These pressures contribute to a range of dangerous behaviors, including:

Distracted driving from interacting with the Uber or Lyft app while behind the wheel.
Fatigue from driving long hours, often late at night or in the early morning.
Speeding or aggressive driving to complete more trips in less time.
Cutting off other vehicles while getting to pickup or drop-off locations.
Stopping suddenly or illegally in traffic lanes to pick up or drop off passengers.

Any of these can result in a crash that requires a claim against Uber or Lyft.

The Challenges of Dealing With Uber and Lyft Insurance

Even when Uber or Lyft's $1 million policy applies, collecting fair compensation is rarely straightforward. These companies work with large insurers that are highly experienced in minimizing rideshare accident payouts. Common tactics include disputing which phase of operation the driver was in, arguing that the driver's personal insurance should cover the claim first, questioning the severity of your injuries, and offering fast, low settlement amounts before you've had a chance to fully understand the extent of your damages .

What makes these negotiations particularly difficult is that the insurer's adjusters handle rideshare claims constantly. They know the pressure points, the gaps in coverage arguments, and exactly how to use an unrepresented claimant's own words against them. They may reach out quickly after an accident, framing the conversation as routine, while gathering information they'll later use to reduce or deny your claim. Many injury victims accept settlements that don't come close to covering their full medical costs, lost wages, and long-term needs simply because they didn't have an advocate in their corner from the start.

An experienced vehicle accident attorney can push back against these tactics, gather the evidence needed to establish the driver's phase of operation at the time of the crash, and negotiate aggressively to make sure you receive full and fair compensation.

How Our Rideshare Accident Lawyers at Wilson & Novak Law Offices Can Help

At Wilson & Novak Law Offices, we have spent more than 25 years fighting for accident victims throughout Northwest Indiana, and we know how to handle the added challenges that rideshare cases bring. We've gone up against major insurers before, and we understand the strategies they use to undervalue or deny legitimate claims.

If you've been injured in a rideshare accident anywhere in the Merrillville, Hammond, Gary, Crown Point, Valparaiso, Portage, or surrounding areas, we want to hear from you. We'll review your case at no charge, explain your options clearly, and fight to recover every dollar of compensation you deserve.

Contact our injury attorneys at Wilson & Novak Law Offices today to schedule your free consultation.

How Do You Choose a Personal Injury Lawyer in Merrillville?

Mon, 02 Mar 2026 18:53:45 GMT

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Choosing the right personal injury lawyer after an accident in Merrillville is one of the most important decisions you can make.

The attorney you hire will shape the course of your claim, protect your rights, and help you pursue fair compensation for your injuries. At Wilson & Novak , we understand how overwhelming this moment can feel. The choices seem endless, and every firm claims to offer strong representation.

This guide breaks down what to look for in a Merrillville personal injury lawyer, why Indiana-specific legal knowledge matters, and how to evaluate whether a particular attorney is the right fit for your case. When you are ready to discuss your claim, we offer a free case analysis so you can make an informed decision.

Look for a Lawyer Well-Versed in Indiana’s Personal Injury Laws

Indiana has its own set of statutes that shape every accident claim. For your case to move forward effectively, you want someone who understands not only the legal landscape but also how local courts in Lake County tend to handle injury matters.

Two of the most important laws that affect personal injury cases in Merrillville include:

Indiana’s Statute of Limitations (Two Years)

Under Indiana Code § 34-11-2-4 , injury victims generally have two years from the date of an accident to file a lawsuit. Missing this deadline almost always ends your ability to pursue compensation.

Indiana’s Comparative Fault Rule

Indiana follows a modified comparative fault system under Indiana Code § 34-51-2-6 , which reduces your compensation by your percentage of fault. If you are 51% or more at fault, you cannot recover damages.

These two laws alone significantly affect case value, strategy, settlement negotiations, and trial preparation. A lawyer familiar with Indiana statutes can explain how they apply to your situation, help prevent pitfalls, and build a strong claim from day one.

Evaluate Their Experience With Your Type of Injury Case

Personal injury law covers a wide range of events, including car accidents, motorcycle collisions, truck crashes, slip-and-fall injuries, dog bites, and others. Even though every accident is different, patterns emerge within each category. A Merrillville personal injury lawyer who has handled cases like yours will better understand:

How insurance companies typically respond
What evidence is most persuasive
Which medical records matter most
What similar cases tend to settle for
How to prepare a compelling argument if your case must proceed to trial or jury

While no Merrillville personal injury attorney can guarantee a result, someone familiar with your type of injury brings meaningful insight that can strengthen your case.

Review Communication Style and Availability

Accidents leave victims with many questions, and you deserve a responsive lawyer who provides clear, steady guidance. During your consultation, pay attention to how the attorney communicates:

Do they explain legal terms in a way you understand?
Do they take time to hear your concerns?
Will you work directly with the attorney or mostly with staff?
Do they return calls and emails promptly?

A strong attorney-client relationship requires regular communication. You want representation from a firm that sees you as a person and not a file number.

Ask About Their Approach to Investigation and Evidence

A persuasive injury claim requires a thorough investigation. The lawyer you choose should show a straightforward process for gathering the facts, such as:

Reviewing medical records
Interviewing witnesses
Obtaining crash reports or incident documentation
Preserving photos, videos, or physical evidence
Consulting medical or technical professionals
Identifying all potential sources of insurance coverage

If you were injured in Merrillville, the attorney should also understand local resources—such as where to obtain Lake County police reports, which hospitals hold specific records, and how to collect surveillance camera footage from nearby businesses.

Taking these investigative steps early strengthens your claim and helps counter insurance company efforts to minimize your injuries.

Consider Their Willingness to Litigate When Needed

Although many injury cases settle, not all insurers negotiate fairly. If a company refuses to offer a reasonable settlement, litigation may be necessary. When choosing a Merrillville personal injury lawyer, ask whether they are prepared to move forward if settlement negotiations stall.

A lawyer who knows Indiana’s evidence rules and trial procedures can ensure your case continues moving in the right direction. Even if your claim eventually settles, a lawyer willing to take the case further often motivates insurers to offer more appropriate compensation.

Understand Their Fee Structure

Most personal injury lawyers in Indiana work on a contingency fee basis, meaning you do not pay upfront fees. Instead, the personal injury attorney receives a percentage of whatever compensation they secure for you. This structure allows you to focus on your recovery without worrying about hourly billing.

Before signing an agreement, make sure you understand:

The percentage the firm charges
Whether fees change if your case proceeds to litigation
How case expenses (filing fees, expert costs, medical records) are handled

A reputable lawyer will explain this clearly and answer any questions you may have.

Look at Client Reviews and Reputation

What former clients say can offer valuable insight into an attorney’s professionalism, communication, and results. Look for patterns in reviews rather than one-off comments; consistency often reflects genuine strengths or issues.

There are many firms who practice different types of law, such as criminal defense, or they may be quick to settle and focus on quantity of cases rather than quality of outcomes, giving them a much higher number of clientele to draw from, so the number of reviews is not always important, or an accurate representation of a firm's experience in personal injury law .

Local reputation matters, too. Lawyers who regularly handle cases in Lake, Porter and La Porte County tend to understand the preferences of the courts and the strategies insurance companies use in the region.

Schedule a Consultation Before Making Your Decision

Meeting with an attorney before hiring them helps you evaluate whether they are the right match for your situation. During a consultation, expect the lawyer to discuss:

How Indiana laws apply to your case
What evidence you need
What challenges your claim may present
A general overview of next steps

You should leave the consultation with a clearer understanding of your rights and your path forward. At Wilson & Novak, we offer free case analysis , so there is no risk in learning more about your options.

Choosing the Right Merrillville Personal Injury Lawyer

A serious accident brings uncertainty, stress, and financial strain. Having the right personal injury lawyer can make a significant difference as you recover and pursue fair compensation. Look for someone who understands Indiana’s laws, communicates clearly, investigates thoroughly, and has the resources to support you throughout your case.

If you were injured in Merrillville and want guidance tailored to your situation, contact us online for a free case analysis. Wilson & Novak is here to support you every step of the way.

Indiana's Statute of Limitations for Personal Injury Cases: Don't Miss Your Deadline

Mon, 23 Feb 2026 10:00:00 GMT

Indiana law sets out strict deadlines for initiating legal action, including personal injury cases. After a serious accident, it's understandable that the last thing you are thinking about is a legal deadline. You're focused on your injuries, your recovery, your medical bills, and getting your life back on track. However, missing this deadline is a very serious matter, as it can cause you to lose your right to any compensation at all.

This legal deadline is called the statute of limitations, and missing it can be the costliest mistake an injury victim ever makes. At Wilson & Novak Law Offices , we want to make sure that never happens to you. Our personal injury attorneys assess the statute of limitations that applies to your case and work within it whenever possible.

The General Rule: Two Years

Under Indiana Code 34-11-2-4 , most personal injury claims in Indiana must be filed within two years of the date the injury occurred. This applies to a wide range of accident cases, including:

Car and truck accidents
Motorcycle accidents
Pedestrian accidents
Slip and fall accidents
Many other personal injury claims involving negligence

Two years may sound like plenty of time, but it can pass faster than you expect, particularly when you're dealing with serious injuries that require extended medical treatment, multiple surgeries, or lengthy rehabilitation. Many people assume they have more time than they do, or they put off speaking with an accident attorney while they wait to see how their injuries develop. Both of these mistakes can jeopardize your claim.

Exceptions That Could Shorten Your Deadline

While the two-year rule covers most personal injury cases in Indiana, there are important exceptions that can affect the time you have to act.

Claims Against Government Entities

If your injury was caused by the negligence of a government entity, such as a city, county, or state agency, you face a much tighter timeline. Under the Indiana Tort Claims Act, you are generally required to provide written notice of your claim within 180 days of the incident if your claim is against a city or county, and within 270 days if the claim is against the state. Failure to provide timely notice can bar your claim entirely, even if it would otherwise be valid.

This exception is particularly important in cases involving accidents caused by poor road conditions, defective traffic signals, poorly maintained government property, or negligent government employees.

Wrongful Death Claims

If a loved one was killed as a result of someone else's negligence, the family has two years from the date of death to file a wrongful death lawsuit under Indiana Code 34-23-1-1 . The exception, however, is that this deadline runs from the date of death, not the date of the accident, which in some cases involving delayed deaths can create a slightly different timeline.

Cases Involving Minors

When the injured person is a minor, Indiana law may toll, or pause, the statute of limitations until the child reaches the age of 18. In those cases, the two-year period generally begins running on the minor's 18th birthday, giving them until age 20 to file. However, there are nuances to this rule, and the exceptions involving government entities still apply, so it is always wise to consult an attorney as early as possible, even in cases involving children.

The Discovery Rule

In some personal injury cases, the injured person may not immediately realize that they were harmed or that their injury was caused by another party's negligence. Indiana courts have recognized a discovery rule in certain cases, which allows the statute of limitations to begin running from the date the plaintiff discovered or reasonably should have discovered the injury and its cause. However, this exception is narrowly applied and is not a reliable substitute for acting promptly.

Why You Shouldn't Wait, Even If You Have Time

Even if you are comfortably within the two-year window, waiting to pursue your claim creates real risks that have nothing to do with the legal deadline.

Evidence disappears. Surveillance footage is overwritten. Witnesses move away or forget details. Skid marks fade. Accident scenes change. Physical evidence is lost or destroyed. The sooner an investigation begins, the stronger your case will be.
Medical records matter. Gaps in medical treatment can be used by insurance companies to argue that your injuries were not as serious as you claim, or that they were caused by something other than the accident. Consistent, documented medical care from the time of the accident forward tells a clear story of cause and effect.
Insurance companies move quickly. From the moment an accident happens, the at-fault party's insurer is working to protect its interests. They may contact you early, record your statements, and begin building a case to minimize your claim. Having an attorney early in the process levels the playing field.

What to Do If You've Been Injured

If you've been injured in an accident in Northwest Indiana, the most important step (following medical treatment) is to speak with an experienced personal injury attorney as soon as possible. An attorney can evaluate your claim, identify all applicable deadlines, begin preserving evidence, and handle communications with insurance companies on your behalf.

At Wilson & Novak Law Offices, we offer a free, no-obligation consultation for every new client. We have been representing accident victims throughout Merrillville, Hammond, Gary, Crown Point, Valparaiso, Portage, and the surrounding communities for more than 25 years. We work on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

Don't Let a Missed Deadline Cost You Everything

The statute of limitations is not a technicality. It is a hard legal cutoff that courts enforce strictly. Once your deadline passes, no amount of evidence or sympathetic circumstances will restore your right to file. The only way to protect that right is to act before time runs out.

If you or a loved one has been injured in an accident anywhere in Northwest Indiana, contact Wilson & Novak Law Offices today. Our attorneys will review the facts of your case, advise you on your deadlines, and fight to get you the full compensation you deserve .

Here's What to Do after a Motorcycle Accident in Indiana

Mon, 16 Feb 2026 18:34:46 GMT

A serious motorcycle accident can turn your life upside down in seconds. From painful injuries to mounting medical bills, lost wages, and insurance pressure, the weeks that follow can feel overwhelming. Riders often face unique challenges because motorcycle crashes tend to result in more severe injuries and more complex liability disputes than standard vehicle collisions. Understanding exactly what steps to take can protect your health, your financial future, and your right to compensation.

At Wilson & Novak , we guide injured riders and their families through the aftermath of these difficult events. Below is a clear, Indiana-specific roadmap so you know what to do next. Contact us for your free case analysis, and we will help you understand your options.

Seek Immediate Medical Care

Your health comes first. Even if you believe you are only “shaken up,” motorcycle crashes often involve hidden injuries. Traumatic brain injuries, internal bleeding, soft-tissue trauma, fractures, and nerve damage may not appear immediately. Delayed treatment can worsen a condition and create unnecessary challenges when you later try to prove your claim.

Go to the emergency room or an urgent care center as soon as possible. Tell the doctor you were in a motorcycle collision and describe every symptom you feel, even if it seems minor. Follow all treatment recommendations, attend follow-up appointments, and keep copies of medical documentation. These records help establish both the severity of your injuries and the connection to the crash.

Report the Accident to Law Enforcement

Indiana law requires drivers involved in collisions causing injury, death, or significant property damage to contact law enforcement. A police report is one of the most critical documents in your case. Officers will note who was involved, who may have been at fault, witness names, descriptions of damage, and the officer’s observations.

Ask how to obtain a copy of the crash report. Do not assume the other driver will file it. If possible, write down the responding officer’s name and badge number. This simple step can help preserve critical evidence that may otherwise be lost.

Gather Information and Evidence at the Scene

If you are physically able and the scene is safe, take a few moments to document what happened. Evidence fades quickly after a collision, especially when vehicles are moved or weather conditions change. Useful information includes:

Photos of your motorcycle and the other vehicle from multiple angles
The position of vehicles before they are moved
Skid marks, debris, road defects, or broken guardrails
Traffic signs, signals, or obstructions
Weather and traffic conditions
Visible injuries

Ask for the other driver’s name, phone number, license plate number, and insurance details. If witnesses stayed to help, politely request their contact information as well.

Avoid Discussing Fault at the Scene

It is natural to feel emotional or overwhelmed after a motorcycle crash, but resist the urge to apologize, speculate about what happened, or downplay your injuries. Even a simple comment like “I’m fine” may later be taken out of context by insurance companies. Stick to the facts when speaking with the police and avoid lengthy conversations with the other driver.

Notify Your Insurance Company

Most policies require prompt reporting of any collision. Provide basic information only. You do not need to give a recorded statement, and you should never speculate about fault or injuries. Insurance companies often look for ways to minimize claims, and early statements can be misinterpreted.

Before giving any detailed statements to any insurance company, yours or the other driver’s, it is wise to speak with an attorney who handles motorcycle accidents and understands Indiana liability rules. You’ll find such an attorney at our firm.

Keep Records of Everything

Documentation strengthens your claim. Maintain a folder or digital file with:

Medical bills and treatment summaries
Prescription and over-the-counter medication costs
Pay stubs or records showing missed work
Out-of-pocket expenses such as travel for medical visits
Photos of your injuries over time
Notes about your pain levels and limitations

These records help demonstrate how the accident has affected your life financially, physically, and emotionally.

Understand Indiana’s Comparative Fault Law

Indiana follows a modified comparative fault system. Under this rule, you can recover damages as long as you were not more than 50% responsible for the crash. However, your compensation will be reduced by the percentage of fault you bear.

For example, if your damages total $100,000 but you are found 20% at fault, you would receive $80,000. Insurance companies often try to shift blame onto motorcycle riders, unfairly arguing that lane positioning, speed, or visibility contributed to the crash. This is one reason evidence preservation is so important.

The Indiana Statute of Limitations for Motorcycle Accidents

One of the most important things to know after any injury collision is the deadline for filing a lawsuit. Under Indiana Code § 34-11-2-4 , injured victims have two years from the date of the accident to file a personal injury claim. If you miss this two-year deadline, your right to pursue compensation is almost always lost. There are very few exceptions. This is one reason acting early is so important. Evidence fades, witnesses forget details, and insurance companies may use delays to undermine your case.

If a government vehicle or government employee caused the crash, the timeline is even shorter. You may need to file a Tort Claim Notice within 180 days or 270 days, depending on the entity involved. These deadlines also come from Indiana statutes, and failing to meet them can end your claim before it starts.

Speaking with a skilled Indiana motorcycle accident lawyer promptly ensures that all filing requirements are met and that your case begins on a solid footing.

Why Legal Guidance Matters After a Motorcycle Accident

Motorcycle cases often involve serious injuries and disagreements about liability. Insurance companies know that riders are more vulnerable, and they may use stereotypes or assumptions to try to reduce payouts. Having legal counsel can help you protect your rights, avoid mistakes, and pursue the compensation you deserve for medical bills, lost income, pain and suffering, and long-term effects of the crash.

An Indiana motorcycle accident attorney can step in to handle communications, collect evidence, consult accident-reconstruction professionals, and pursue a settlement or litigation if needed. This support allows you to focus on healing while keeping your claim on track and within Indiana’s strict deadlines.

Injured in a Motorcycle Accident? Contact Wilson & Novak Today

A motorcycle accident can change your life instantly, but you do not have to face the aftermath alone. Taking the right steps, such as seeking medical care, preserving evidence, understanding Indiana’s filing deadlines, and consulting an experienced Indiana motorcycle accident lawyer, can make a significant difference in your recovery. For trusted guidance and a free case analysis, contact us online . Wilson & Novak is here to protect your rights and help you move forward.

Pedestrian Accident Laws in Indiana: Who's Liable When You're Hit?

Mon, 09 Feb 2026 10:00:00 GMT

Walking should be safe, but careless drivers who violate pedestrian right-of-way laws are often liable for causing serious accidents and injuries to people walking. Whether you're crossing a street in Merrillville, walking your dog through a Crown Point neighborhood, or stepping off a curb in Hammond, you have the right to share public spaces without fearing for your life.

Unfortunately, pedestrian accidents happen every day in Northwest Indiana, and the injuries they cause are often catastrophic. If you or a loved one has been hit by a car as a pedestrian, one of the first questions you'll face is: who is legally responsible? The answer isn't always as simple as pointing to the driver. Indiana's pedestrian accident laws involve a careful examination of fault, negligence, traffic rules, and the specific facts of each case.

Contact our Indiana pedestrian accident attorneys at Wilson & Novak for a free case evaluation today.

Indiana's Fault-Based System

Indiana is an at-fault state when it comes to personal injury claims, including pedestrian accidents. That means the party responsible for causing the accident is also responsible for compensating the injured person. To recover damages, you'll generally need to prove that another party was negligent, that their negligence caused the accident, and that you suffered real harm as a result.

Negligence, in legal terms, means failing to act with the level of care that a reasonable person would exercise under similar circumstances. For drivers, this often means:

Violating traffic laws
Driving while distracted
Speeding
Failing to yield

When a driver is to blame, their mandatory liability insurance should cover the pedestrian's injuries and losses.

When Is the Driver Liable?

Drivers owe a duty of care to all other road users, including pedestrians. In Indiana, that duty is particularly important in situations where pedestrians are most vulnerable. A driver is often liable for a pedestrian accident when they:

Fail to yield to a pedestrian in a marked or unmarked crosswalk at an intersection. Indiana law requires drivers to yield the right-of-way to pedestrians who are lawfully crossing within a crosswalk.
Run a red light or stop sign. Speeding through an intersection is one of the leading causes of pedestrian fatalities.
Drive while distracted or impaired. Texting, phone use, and driving under the influence of alcohol or drugs dramatically increase the risk of striking a pedestrian.
Fail to exercise due care near schools, playgrounds, and residential areas. Indiana law also places special responsibility on drivers to watch for children and other pedestrians in areas where they are commonly present.
Back out of a driveway without checking for pedestrians. Many pedestrian accidents occur in parking lots and driveways, not just on roadways.

When a driver's negligence causes a pedestrian's injuries, that driver, and in some cases, their employer or the vehicle's owner, should be liable for medical expenses, lost income, pain and suffering, and other damages.

What About Pedestrian Fault?

Indiana follows a modified comparative fault rule under Indiana Code 34-51-2-6 . This is an important concept for anyone injured in a pedestrian accident to understand. Under this rule, your ability to recover compensation depends on your percentage of fault for the accident.

If you are found to be less than 51% at fault, you can still recover damages. However, your total compensation will be reduced by your percentage of fault. For example, if your damages total $100,000 but you are found to be 20% at fault for crossing outside of a crosswalk, your recovery would be reduced to $80,000. If you are found to be 51% or more at fault, you are barred from recovering any compensation under Indiana law.

This rule makes it critical to work with an experienced accident attorney who can build the strongest possible case and push back against insurance company attempts to shift blame onto the injured pedestrian.

Other Potentially Liable Parties

In some pedestrian accident cases, more than one party may share liability. For example:

A government entity may be responsible if poorly designed or maintained roadways, broken traffic signals, missing crosswalk markings, or inadequate lighting contributed to the accident.
A property owner may be liable if the accident occurred on or near private property where unsafe conditions existed.
An employer may be liable if the driver who struck you was operating a vehicle in the course of their employment at the time of the crash.

Identifying all potentially liable parties is one of the most important steps in maximizing your compensation, and it's not always obvious who those parties are without a thorough investigation.

What Damages Can You Recover?

Pedestrian accident victims in Indiana may be entitled to compensation for a wide range of losses , including current and future medical expenses, lost earnings, and other economic losses. Non-economic damages are just as important, especially for serious injuries. These cover pain and suffering, which accounts for the physical pain and emotional distress caused by the accident and recovery process, as well as permanent disability or disfigurement. In cases involving a fatally injured pedestrian, the victim's family may also have grounds for a wrongful death claim.

Why You Need an Experienced Pedestrian Accident Attorney

Insurance companies are not often willing to pay everything that you deserve right away. When a driver's insurer contacts you after a pedestrian accident, their goal is to minimize what they pay out , not to ensure you receive fair compensation. They may attempt to argue that you were partly or mostly at fault, offer a quick settlement that falls far short of your actual losses, or use your own statements against you to reduce your claim.

At Wilson & Novak Law Offices, we have spent over 25 years fighting for injured people throughout Northwest Indiana. We know how insurance companies operate, and we're not afraid to take your case to trial if that's what it takes to secure the compensation you deserve. Our attorneys will investigate the circumstances of your accident, gather evidence, consult experts when necessary, and build the strongest possible case on your behalf.

If you or a family member has been struck by a vehicle as a pedestrian anywhere in Northwest Indiana, contact Wilson & Novak Law Offices today for a free, no-obligation case evaluation.

How Much Does a Merrillville Personal Injury Attorney Cost?

Mon, 02 Feb 2026 18:31:57 GMT

After a serious accident, it is normal to worry about medical bills, time away from work, and long-term recovery. Many people also worry about whether they can afford legal help. The good news is that hiring a personal injury attorney in Merrillville is far more accessible than most people realize. At the start of your search for guidance, Wilson & Novak is here to explain how personal injury attorney fees work, what you can expect to pay, and why legal representation is often more affordable and more beneficial than handling a claim on your own.

Most personal injury law firms in Indiana operate on a contingency fee basis. This means you do not pay anything up front , and the attorney is paid only if they win compensation for you. Below is a detailed look at how this fee system works and why it protects injured people during some of the most challenging moments of their lives.

Understanding Contingency Fees

A contingency fee is a payment arrangement where the attorney’s compensation is “contingent” upon winning the case. In other words, the attorney’s fee comes out of the settlement or verdict, not your pocket. If the case is unsuccessful, you typically owe nothing for the attorney’s time or services.

This structure allows injured people, regardless of income, to pursue justice without worrying about the cost of hiring a lawyer. It also aligns your attorney’s goals with yours: both sides are working toward the best possible result.

How Much Is the Contingency Fee?

While the percentage can vary depending on the firm, the type of case, and the amount of work involved, most personal injury attorneys in Merrillville charge a contingency fee of 33% to 40% of the final recovery.

Several factors may affect the exact percentage:

Whether the Case Settles Early
If the case resolves quickly, the percentage may be on the lower end of the range.
Whether Litigation Is Required
If the insurance company refuses to settle and the lawsuit proceeds to litigation, depositions, or trial preparation, the percentage may increase because of the additional time and resources required.
The Case’s Difficulty Level
Multi-vehicle collisions, truck accidents, disputed liability cases, or accidents involving government entities often require more evidence, more time, and more legal work. In these situations, a higher contingency percentage may apply.

Even so, contingency fees ensure that you never pay out of pocket while the case is ongoing. You only pay once compensation is recovered. At Wilson & Novak Law Offices we go over our fee structure before we agree to work together so you will be fully informed from the start.

What Happens if You Don’t Win?

In a contingency fee model, if the Merrillville personal injury attorney does not recover money for you, you generally do not owe a fee. This no-win, no-fee approach removes the financial risk of pursuing your claim.

It is imperative because accident claims can be time-intensive and sometimes more complex than victims expect. With a contingency arrangement, you can pursue your rights without worrying about whether you can afford legal representation.

What About Case Expenses?

While attorney fees cover the legal work itself, personal injury cases also involve expenses related to building and proving your claim. Some typical costs include:

Filing fees
Obtaining medical records
Hiring accident reconstruction professionals
Expert consultations
Court reporter fees
Investigation expenses
Trial exhibits

Most personal injury law firms cover these costs upfront. Once the case is resolved, these expenses are reimbursed from the settlement or verdict. Requiring clients to pay these costs upfront would create financial barriers, so covering them temporarily allows injured people to move forward with their case without stress or hesitation.

Before signing any agreement, your attorney should explain:

What expenses may arise
How those costs are handled
How they are deducted from the recovery

A clear agreement protects both the client and the law firm, ensuring everyone understands the financial arrangement.

Why Hiring a Personal Injury Attorney Is Worth the Cost

Some people wonder whether it is worth hiring a lawyer at all, especially when they believe the insurance company will handle everything. In reality, having a Merrillville personal injury lawyer often increases the final compensation significantly for the following reasons:

Insurance Companies Try to Pay as Little as Possible

Insurers are motivated to reduce payouts. They may:

Offer low settlements
Question the severity of your injuries
Dispute fault
Delay communication
Pressure you to accept a quick offer

Without legal help, these tactics can be difficult to navigate.

Attorneys Understand the Full Value of Your Claim

Many injured people focus only on immediate medical bills. A Merrillville personal injury attorney considers:

Long-term medical care
Future surgeries
Lost future earnings
Pain and suffering
Emotional harm
Permanent limitations
Loss of enjoyment of life

These damages significantly increase the value of your case.

Attorneys Protect Your Rights Under Indiana Law

Indiana gives accident victims two years to file a lawsuit under Indiana Code § 34-11-2-4 . Missing this deadline prevents you from pursuing compensation.

Additionally, Indiana’s comparative fault statute, Indiana Code § 34-51-2 , can reduce your compensation if the insurance company convinces the adjuster or court that you were partially responsible.

Having someone on your side who is well-versed in these laws is essential for protecting your financial recovery.

You Get Access to Investigative Resources

Accident cases often depend on evidence such as:

Scene photographs
Medical documentation
Witness statements
Expert evaluations
Black box data from commercial vehicles

Gathering and analyzing this evidence takes time and skill. Most injured people cannot manage this on their own while recovering physically.

When Is the Best Time to Hire a Personal Injury Attorney?

It is almost always better to contact a Merrillville personal injury lawyer as soon as possible after an accident. Early involvement helps protect evidence that may be lost with time, including:

Surveillance video
Traffic camera footage
Vehicle data
Witness memories
Damaged property
Medical documentation

Waiting too long to seek legal help may allow the insurance company to build a case against you before you have the opportunity to present your side.

Hiring a Merrillville personal injury attorney early also provides peace of mind, allowing you to focus on healing instead of paperwork, calls from adjusters, or deadlines.

You Can Afford a Personal Injury Attorney Because You Pay Nothing Upfront

The biggest misconception we see from injured people is the belief that hiring a personal injury attorney is expensive. With contingency fees, the opposite is true. You do not pay anything at the beginning of your case, and you only pay if compensation is recovered.

This structure removes financial barriers, holds attorneys accountable for results, and ensures every injured person, no matter their economic situation, can seek justice.

Wilson & Novak Can Handle Your Case

If you were injured in Merrillville or the surrounding communities and are wondering how much it would cost to get the legal help you deserve, the answer is simple: you pay nothing up front. The attorneys at Wilson & Novak will handle the work while you recover. To speak with our team about your case, contact us for a free consultation.

Will I Have to Go to Merrillville Court for a Car Accident Claim?

Mon, 22 Dec 2025 10:00:00 GMT

After a car accident, one of the most common concerns we hear from clients is whether they will have to go to court. Between medical appointments, vehicle repairs, and time missed from work, the idea of court appearances can feel overwhelming. Serious injuries can mean you can't appear in court physically.

At Wilson & Novak Law Offices, our car accident attorneys regularly help injured people throughout Northwest Indiana understand what to expect from the legal process following a car accident. Will you need to appear in Merrillville Court to resolve your claim? The short answer is that most car accident claims do not require a court appearance, but there are situations where a court appearance becomes necessary. Understanding when and why that happens can help you feel more prepared and less stressed.

Most Car Accident Claims Settle Without Court

In many cases, a car accident claim is resolved through negotiations with the insurance company rather than a courtroom appearance. Insurance companies are responsible for compensating injured people for medical bills, lost wages, pain and suffering, and other damages. This process usually happens outside of court through settlement discussions between personal injury attorneys and insurance companies.

That said, insurance companies are businesses. Their goal is often to resolve claims for as little money as possible, and they may pressure injured people to accept a quick settlement.

When even victims don't know the extent of their short-term and long-term damages, insurance companies can't know that either. Paying out before the true value of a claim is calculated is in their best interests. While settling without a court can save time, it must still be done carefully and strategically.

At Wilson & Novak Law Offices, our car accident lawyers handle these negotiations directly with insurance companies. We prepare every claim as if it may go to court, which often puts us in a stronger position during settlement discussions.

Insurance companies know we are ready to take any claim to court and won't bend. When we handle the legal work, our clients can focus on healing while we work to pursue fair compensation without unnecessary court appearances.

When the Court May Be Involved

Some car accident claims require filing a lawsuit, which may be in Merrillville Court if the accident occurred in or around Lake County. Filing a lawsuit does not automatically mean you will spend days in court. In fact, especially with legal representation from the right accident attorney, that is rarely the case. In many situations, a case settles after the lawsuit is filed but before a trial ever begins.

Court involvement may be necessary if the insurance company denies liability, disputes the severity of the injuries, or refuses to make a reasonable settlement offer. Lawsuits create deadlines and legal obligations that can push insurance companies to take a claim more seriously.

Insurance companies know that taking a case to court involves time and resources that they don't want to spend. It isn't in their financial interest for a personal injury claim to go to court.

Going to court will never be a surprise. Our car accident lawyers at Wilson & Novak Law Offices carefully evaluate whether filing a lawsuit makes sense based on the facts of your case. We explain each step clearly so you understand what court involvement may look like and what to expect if your claim proceeds in Merrillville Court.

What Happens After a Lawsuit is Filed?

Once a lawsuit is filed, the process usually moves into a phase called discovery. During discovery, both sides exchange information, documents, and evidence related to the accident. This phase often includes written questions, document requests, and sometimes depositions.

This can feel intimidating, like a trial is really happening, but it is a normal step, and many cases still settle during discovery. Insurance companies may reassess their position once they see the evidence supporting your claim, including medical records and accident documentation. Even at this stage, it's unlikely a car accident case will go to court.

At Wilson & Novak Law Offices, we manage the discovery process from start to finish. Our attorneys prepare all filings, communicate with opposing counsel, and ensure deadlines are met. We keep our clients informed while handling the heavy lifting behind the scenes.

Will I Have to Testify in Court?

If a car accident claim goes all the way to trial, there is a chance you may need to testify. But unlike in TV and movies, this is far less common than many people expect. Studies and court data have consistently shown that only a small percentage of personal injury cases ever reach trial, with the vast majority resolving through settlement.

Even when testimony is required, preparation makes a significant difference. Our attorneys will thoroughly prepare you for any potential court appearance. We walk you through what to expect, how to answer questions honestly and clearly, and how the process typically unfolds in Merrillville Court.

Do I Need a Car Accident Lawyer if My Case Goes to Court?

If a claim involves Lake County Court, having an attorney becomes even more important. Court procedures, filing requirements, and legal arguments can be difficult to navigate without experience. Insurance companies have legal teams whose focus is on protecting their financial interests.

Even before a case reaches court, having an attorney can change how insurance companies approach settlement negotiations. They are often more willing to negotiate when they know a firm is prepared to fight in court.

At Wilson & Novak Law Offices, our attorneys have a long history of handling car accident claims from start to finish. Whether a case settles early or requires court involvement, we are prepared to advocate for you in and out of the courtroom.

Consult a Car Accident Attorney in Merrillville

At Wilson & Novak Law Offices, we offer clear guidance based on the facts of your case. Our accident lawyers take the time to explain your options, answer your questions, and help you understand whether the Merrillville court is likely to be part of your car accident claim. A fair settlement will always be our first course of action. Contact us today to discuss your case.

Dealing with Insurance Companies After an Accident or Injury

Mon, 08 Dec 2025 10:00:00 GMT

After an accident, one of the first things you’ll encounter is the insurance company. Navigating this process can be confusing and stressful, especially when you’re focused on recovery. Insurance companies take advantage of this vulnerability.

At Wilson & Novak Law Offices, our Indiana personal injury lawyers understand how insurance companies operate and what they’re trying to achieve. We know that treating you right isn't a priority for them. That's why our attorneys work closely with clients throughout the personal injury claim process, ensuring that your rights are protected and that you receive the compensation you deserve.

Insurance Companies are Not on Your Side

After an accident, it’s common for insurance adjusters to reach out quickly. While insurance companies claim they are there to serve their customers, that isn’t the case. Insurance companies are businesses first and foremost. Their goal is to settle your claim as fast as possible, and usually for the lowest amount they can pay.

They may use subtle tactics to make you doubt the severity of your injuries or suggest that you don't need medical treatment beyond what you've already received. While their tone may sound friendly or helpful, their interests are aligned with minimizing their company's payout rather than maximizing your recovery.

At Wilson & Novak Law Offices, our personal injury attorneys focus on protecting you from these tactics. We deal with insurance communications, so you're never in a situation where your statements can be used against you.

Documenting Your Injuries and Losses

One of the most important steps when dealing with insurance companies is keeping thorough records. Documenting your injuries, medical treatment, and related expenses creates a clear picture of the impact the accident has had on your life. Your attorney can provide you with a complete list of documents you should have on file. A few things you can do to prepare include:

Keep all medical bills, prescriptions, and records of therapy sessions.
Note any time off work or lost wages due to the accident.
Track changes in your daily life, including difficulties performing routine activities or hobbies.

Our personal injury lawyers at Wilson & Novak Law Offices help you gather and organize this documentation so that your claim reflects the full scope of your losses . We know how insurers often try to minimize claim values, and having detailed evidence strengthens your position in negotiations or in court.

Communicating with Insurance Adjusters

Insurance adjusters often attempt to communicate directly with accident victims to gather statements. At first glance, this makes sense; they need relevant information to process a claim. While it may seem harmless, anything you say can affect the outcome of your claim.

Adjusters are trained to look for inconsistencies or information that might reduce the settlement. They may ask questions about your medical history, activities after the accident, or even your emotional state.

It is important to know that you don't need to talk to your insurance company at all. In fact, the moment you inform insurance companies you've hired a lawyer, all communications should go through your attorney. They should never be harassing you or trying to work out a deal on the side.

At Wilson & Novak Law Offices, our personal injury attorneys handle all communication with insurance companies when possible. This ensures that your statements are accurate, complete, and do not unintentionally harm your claim. We also negotiate aggressively on your behalf, pushing back against lowball offers and pursuing the maximum compensation in your case.

Understanding Settlement Offers

It’s common for insurance companies to make an initial settlement offer shortly after an accident. No one wants a long battle with insurance companies, so this can seem like a convenient solution. But these early offers are almost always far below the amount you are entitled to.

Accepting too soon can leave you without sufficient funds to cover ongoing medical treatment, lost income, or long-term rehabilitation needs . Usually, victims just can't know the full scope of their losses early on. Many victims also don't account for future costs. Inflation and other economic factors can make what looks acceptable now really not be.

Our injury lawyers at Wilson & Novak Law Offices carefully review any settlement offer and advise you on whether it truly meets your needs. If it doesn’t, we can negotiate on your behalf or prepare your case for litigation.

We focus on ensuring that the settlement fully compensates you for both current and future losses, rather than leaving you to face unexpected financial burdens later. We never accept an offer without discussing it with you and getting your permission.

When Litigation Becomes Necessary

Most personal injury claims end in a settlement. It’s unlikely you would see the inside of a courtroom. But sometimes insurance companies refuse to offer a fair settlement. You should never be pressured into taking a subpar settlement. In these cases, taking legal action may be necessary. Filing a lawsuit allows your claim to be heard in court , where a judge or jury can determine the full extent of compensation you are owed.

Our legal team has extensive experience representing clients in court. We guide you through every step of the litigation process, from filing the initial complaint to preparing for trial. Our focus is always on achieving the best possible outcome for you, whether through settlement negotiations or courtroom advocacy.

Maximizing Your Recovery

Insurance claims can involve more than just medical bills. Other recoverable damages may include:

Lost wages and reduced earning capacity
Rehabilitation and therapy costs
Pain, suffering, and emotional distress
Property damage or vehicle repair

Our attorneys evaluate your situation comprehensively to ensure no aspect of your losses is overlooked. We never let insurance companies cut corners; we always push back. Our job is to maximize your recovery, ensuring that the settlement or award addresses all the ways the accident has affected your life.

Why Working with Our Indiana Personal Injury Lawyers Matters

Accidents are stressful enough without having to deal with the complex and often hostile world of insurance claims. At Wilson & Novak Law Offices, our injury attorneys focus on protecting your rights, negotiating aggressively with insurers, and pursuing the compensation you need, now and down the road. Schedule your free consultation by using our online form .

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 Companies

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 the insurance company , 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.

Read more about What Your Case is Actually Worth to get an idea of how value is determined in personal injury cases.

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.