Background

Indianapolis Car Accident Lawyers 

Getting Justice for Accident Victims Across Indiana

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Car Accidents
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1B+

recovered for clients

300+

years of combined experience

500+

cases won

Why Choose CohenMalad, LLP for Your Car Accident Case?

Since 1967, CohenMalad, LLP has been a trusted advocate for car accident victims across Indianapolis and beyond. With decades of experience, a proven track record, and compassionate client care, we are dedicated to securing justice and maximizing compensation for our clients.

At CohenMalad, LLP, we treat every case as unique — because it is. We understand the impact a car accident can have on your life and will work tirelessly to provide the representation you deserve. Our lawyers maintain memberships in numerous legal associations and rank among the top attorneys in the state and country.

When you choose CohenMalad, LLP, you’re selecting attorneys with a commitment to excellence. We will stand by your side, keeping you informed and involved throughout the legal process.

Common Causes of Car Accidents

Indianapolis roads see a variety of hazards and driving behaviors that lead to serious accidents. Some of the most common causes include:

  • Distracted driving, including texting, eating, or using navigation systems
  • Speeding and aggressive driving
  • Driving under the influence of alcohol or drugs
  • Running red lights or stop signs
  • Making lane changes without proper signaling or checking blind spots
  • Tailgating
  • Poor road conditions, such as potholes, debris, or inadequate signage
  • Weather-related issues, including rain, ice, and fog that reduce visibility
  • Vehicle defects, such as faulty brakes or tire blowouts

Accidents caused by any of these factors demand a careful investigation to determine liability and recover compensation from the responsible parties.

Types of Injuries Caused by Car Accidents

Car accidents often result in serious injuries that can change lives in an instant. These include:

  • Traumatic brain injuries (TBI): Impacts memory, cognition, and coordination.
  • Spinal cord injuries: May result in paralysis or long-term mobility challenges.
  • Broken bones and fractures: Painful injuries that often require surgery and rehabilitation.
  • Internal organ damage: Hidden injuries that may require emergency medical attention.
  • Whiplash and soft tissue injuries: Common in rear-end collisions, leading to pain and stiffness.
  • Severe burns: Often caused by fires or contact with hot vehicle components.
  • Lacerations and deep cuts: Can result in scarring or require stitches.
  • Knee and joint injuries: May limit mobility and require physical therapy.
  • Amputations: Resulting from crushing injuries or severe trauma.
  • Psychological trauma: Emotional distress, anxiety, or PTSD from the accident.

These injuries often require significant medical treatment and time to recover, making compensation vital for rebuilding your life.

What to Do After a Car Accident 

Knowing what steps to take after a car accident can protect your health and your right to compensation. Here’s what you should do:

  1. Ensure safety: Move to a safe location, if possible, away from traffic.
  2. Call emergency services: Report the accident to the police and request medical assistance if needed.
  3. Collect evidence: Take photos of the scene, vehicles, and visible injuries, and obtain witness contact information and insurance details from other drivers.
  4. Seek medical attention: Visit a doctor immediately, even if you feel fine, as some injuries may not show symptoms right away.
  5. Notify your insurance company: File a report with your insurer, but avoid making statements about fault.
  6. Consult an attorney: Contact a car accident lawyer to review your case and guide you on the next steps.

Acting quickly after an accident can make a significant difference in the outcome of your claim.

Car accident
  • Fault and Liability in Indiana

    Indiana is a "fault" state, which means the driver responsible for causing the accident is liable for covering the damages. Victims can seek compensation by filing a claim with the at-fault driver’s insurance, pursuing a claim through their insurance (depending on policy coverage), or filing a lawsuit.

    Determining fault requires gathering evidence, such as police reports, witness statements, and accident reconstruction. Establishing liability is crucial to recovering damages, and having an experienced attorney can make a significant difference in building a strong case.

  • Statute of Limitations for Car Accident Cases

    The statute of limitations in Indiana for filing a car accident lawsuit is generally two years from the date of the accident. You must take legal action within this period, or you risk losing the right to recover compensation.

    There are exceptions to this rule, such as cases involving minors or injuries that were not immediately apparent. However, these exceptions can be complex and require careful legal analysis. Taking prompt action helps ensure that evidence is preserved, witnesses remain available, and your case is filed on time.

  • Comparative Fault Rules in Indiana

    Indiana follows a modified comparative fault rule, which allows accident victims to recover compensation as long as they are less than 51% at fault for the accident. However, the compensation awarded will be reduced by the victim’s percentage of fault.

    For example, if you were 20% responsible for the accident, and your total damages amount to $50,000, you can recover $40,000. If you are more than 50% at fault, you cannot recover any damages. This rule highlights the importance of presenting strong evidence to minimize any claims of shared fault.

What Damages Are Available After a Car Accident?

Victims of car accidents can recover compensation for various types of damages, which lawyers typically divide into economic and non-economic categories. 

Economic Damages

Economic damages are measurable financial losses directly related to the accident:

  • Medical expenses: This includes past, current, and future medical costs, such as hospital stays, surgeries, rehabilitation, prescription medications, and assistive devices.
  • Lost wages: You can recover compensation for the income you lost during your recovery and diminished earning capacity if you cannot return to your previous job.
  • Property damage: This covers the repair or replacement of your vehicle and any personal belongings damaged in the accident.
  • Out-of-pocket expenses: This includes transportation to medical appointments, childcare, or any other costs incurred as a result of the accident.

Non-Economic Damages

Non-economic damages compensate for intangible losses that are harder to quantify:

  • Pain and suffering: This accounts for the physical pain and emotional distress caused by the accident and its aftermath.
  • Emotional distress: Psychological effects, such as anxiety, depression, or post-traumatic stress disorder (PTSD), can be compensated.
  • Loss of enjoyment of life: If injuries prevent you from participating in hobbies or activities you once enjoyed, you may recover damages for this loss.
  • Loss of consortium: Spouses or family members may claim damages for the loss of companionship, support, or intimacy caused by the victim’s injuries.

The purpose of these damages is to make victims whole again after suffering injuries. Our team will diligently assess your case and account for every loss in your claim.

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Ready to Fight for Your Rights?

If a car accident caused by someone else’s negligence injured you, CohenMalad, LLP is here to help. Don’t wait — contact us today to discuss your case. We’ll guide you through the legal process, answer your questions, and work tirelessly to secure the compensation you need to heal.

Meet Our Indianapolis Car Accident Attorneys 

At CohenMalad, LLP, our dedicated team of car accident attorneys has more than 300 years of collective experience and a relentless drive to achieve justice for our clients. Each member of our team is committed to providing personalized attention and crafting tailored strategies to maximize compensation for accident victims.

Our attorneys are not only skilled negotiators but also fearless litigators, ready to take cases to trial when insurance companies refuse to offer fair settlements. We handle every case with care, professionalism, and a deep understanding of Indiana’s car accident laws.

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Frequently Asked Questions About Car Accident Claims

  • How long does it take to resolve a car accident claim?

    The timeline for resolving a car accident claim can vary widely. Simple claims with minimal injuries may settle in a few months, while complex cases involving severe injuries, disputed liability, or high-value damages could take years, especially if they go to trial. 

    Working with an experienced attorney helps your case move forward efficiently and makes sure that they can gather the evidence needed to strengthen your claim.

  • Can I recover compensation if the at-fault driver is uninsured?

    Yes, you may still recover compensation if the at-fault driver is uninsured. Indiana drivers are required to carry uninsured/underinsured motorist (UM/UIM) coverage unless they specifically waive it. If you have UM/UIM coverage, it can help pay for your medical bills and other damages. 

    An attorney can assist in filing this type of claim and exploring additional avenues for compensation, such as suing the at-fault driver directly.

  • What should I do if the insurance company denies my claim?

    If an insurance company denies your claim, it is not the end of the road. The denial could be due to a lack of evidence, disputed liability, or policy limitations. An attorney can review the denial, gather additional evidence, and appeal the decision. In some cases, filing a lawsuit may be necessary to compel the insurer to act in good faith and fairly evaluate your claim.

  • What happens if I can’t afford medical treatment after an accident?

    If you cannot afford medical treatment, there are options available. Many healthcare providers work on a lien basis, meaning they will provide treatment upfront and collect payment from your eventual settlement or verdict. 

    Additionally, your attorney may help connect you with resources or explore other coverage options, such as MedPay or health insurance. Ensuring you receive prompt medical care is vital to both your recovery and the strength of your legal case.

  • Can I file a claim for emotional trauma after a car accident?

    Yes, you can file a claim for emotional trauma. Emotional injuries like anxiety, depression, and PTSD are considered non-economic damages. In order to strengthen your claim, it is essential to seek treatment from a licensed mental health professional who can document your condition and its connection to the accident.

Contact CohenMalad, LLP for a Free Consultation Today

If you’ve been injured in a crash, don’t wait to seek legal help. The challenges you face after a car accident can seem insurmountable on your own, and the costs of your injuries and property damage may be immense. CohenMalad, LLP, Indiana’s largest plaintiff’s law firm, is here to provide the guidance and advocacy you need.

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