Elkhart Personal Injury Lawyers

Key Takeaways:

  • Attorney Tom Wilson, Esq., has represented injured Hoosiers since graduating from Notre Dame Law School in 1993, and he founded Wilson & Kinsman, LLC in 2001 to focus on personal injury and criminal defense.
  • Wilson & Kinsman, LLC handles every personal injury case on a “contingency fee” basis, so clients owe no lawyers’ fees unless the firm recovers compensation, and the initial consultation is always free.
  • Wilson & Kinsman, LLC works from its main office at 301 North Nappanee Street in Elkhart and a second office in South Bend, serving Michiana, Goshen, and the surrounding Indiana counties.

National research shows injured claimants who hire a lawyer recover an average of $77,600, compared with $17,600 for those who negotiate alone, even after accounting for lawyers’ fees.

Suffering an injury because of another person’s carelessness upends daily life fast. Medical bills arrive while wages stop, and insurance adjusters often push for a quick, low settlement before a person understands the full extent of an injury. Our Elkhart personal injury lawyers at Wilson & Kinsman, LLC step in at this point, investigating the crash, calculating true losses, and pushing back against insurance tactics designed to minimize payouts. The firm limits its caseload so that every client works directly with one lawyer and one dedicated case manager throughout the claim.

Why Choose Wilson & Kinsman, LLC for Your Elkhart Personal Injury Claim?

Tom Wilson, Esq., has practiced personal injury law in Elkhart since 1993, giving Wilson & Kinsman, LLC more than three decades of direct experience with Indiana insurance companies and courts. The firm’s lawyers are licensed to practice in all 92 Indiana Circuit and Superior Courts, the Indiana Court of Appeals, and the Indiana Supreme Court. Wilson & Kinsman, LLC represents a limited number of clients, so each client keeps the same lawyer and case manager from the first call through resolution. Former clients describe the firm as honest, personable, and thorough throughout a difficult process.

Do I Really Need a Personal Injury Lawyer? What the Numbers Show

Many injured people wonder whether hiring a lawyer is worth the cost. According to Martindale-Nolo Research, injured claimants who hired a lawyer recovered an average of $77,600, compared with only $17,600 for those who handled a claim alone, even after subtracting typical contingency fees. The same research found that 91% of claimants who hired a lawyer obtained a settlement, while only 51% of those who negotiated on their own received any payout at all. These numbers show why insurance companies often move quickly to settle with an unrepresented claimant before that person consults a lawyer.

How Much Does It Cost to Hire Wilson & Kinsman, LLC?

Wilson & Kinsman, LLC accepts personal injury cases on a “contingency fee” basis, meaning a client pays no lawyers’ fees unless the firm recovers compensation on the client’s behalf. The firm covers the upfront costs of investigating a claim, and it collects a percentage of the final settlement or verdict only after a successful result. This arrangement lets an injured person pursue full compensation without paying hourly legal fees while medical bills and lost wages create financial strain.

How We Investigate Your Elkhart Personal Injury Claim

Every strong personal injury claim begins with a thorough investigation. Wilson & Kinsman, LLC gathers police reports, witness statements, and expert opinions to establish how an accident happened and who bears responsibility. The firm also documents medical treatment and lost income from the outset, since gaps in that record give an insurance company grounds to dispute a claim. Acting quickly preserves evidence such as surveillance footage and site conditions before they change.

Keeping You Informed Throughout Your Case

Wilson & Kinsman, LLC keeps clients updated at every stage of a personal injury claim, from the initial investigation through settlement negotiations or trial. The firm explains each development in plain language rather than legal jargon, so a client always understands the status of the case and the reasoning behind each recommendation. This consistent communication reduces the uncertainty that makes a difficult recovery feel even harder.

Collecting the Evidence That Wins Personal Injury Cases

During the “discovery phase” of a lawsuit, each side can request documents and testimony from the other party. Wilson & Kinsman, LLC pursues medical records, physical evidence, and testimony that undermines an insurance company’s defense, since a well-documented claim gives an insurer strong reason to settle rather than risk a trial. The firm treats discovery as a critical opportunity, often uncovering information an insurer would prefer to keep hidden.

What Compensation Can You Recover After a Personal Injury in Indiana?

Indiana law allows an injured person to recover “compensation” for the full financial and personal impact of an accident. Depending on the case, this can include past and future medical expenses, lost wages and reduced future earning capacity, household services needed during recovery, pain, suffering, loss of enjoyment of life, permanent disability or disfigurement, and loss of consortium for a spouse or family member. Indiana follows a “modified comparative fault” rule, so a court reduces compensation by an injured person’s percentage of fault and bars recovery entirely once that share exceeds 50%. Wilson & Kinsman, LLC works to minimize any fault assigned to a client and maximize every category of compensation available.

How Mediation Works in an Indiana Personal Injury Case

Indiana generally requires “mediation” before a personal injury case reaches trial. During mediation, both sides review the evidence with a neutral mediator and weigh the risks of proceeding to court. Wilson & Kinsman, LLC prepares each case as though it will go to trial, since insurers negotiate more seriously against a firm ready to argue before a jury. Many claims resolve during mediation once the insurer sees the strength of the evidence assembled.

Common Causes of Personal Injury Accidents in Elkhart, Indiana

Elkhart sits along the Indiana Toll Road and U.S. Route 20, two heavily traveled corridors that see frequent car, truck, and motorcycle accidents. According to the Michiana Area Council of Governments, Elkhart, St. Joseph, Marshall, and Kosciusko counties combined for 442 crashes involving death or an incapacitating injury in 2025, with roughly 70 of those crashes proving fatal. Beyond vehicle accidents, Wilson & Kinsman, LLC regularly represents clients injured by slip and fall accidents, dog bites, and unsafe property conditions throughout the Michiana region.

Frequently Asked Questions (FAQs):

How long do I have to file a personal injury lawsuit in Indiana?

Indiana generally requires a personal injury lawsuit within two years from the date of the injury.

Can I still recover compensation if I was partly at fault for my accident?

Yes. Indiana allows recovery as long as an injured person’s fault does not exceed 50%, though the compensation is reduced by that percentage.

Will my personal injury case go to trial?

Most personal injury cases in Indiana settle during mediation, though Wilson & Kinsman, LLC prepares every case for trial in the event a fair settlement does not happen.

How much does Wilson & Kinsman, LLC charge for a personal injury consultation?

Wilson & Kinsman, LLC offers a free initial consultation and handles personal injury cases on a contingency fee basis.

Need Help With a Personal Injury Claim? Contact Our Experienced Elkhart Personal Injury Lawyers at Wilson & Kinsman, LLC for Sound Legal Guidance

Do not wait to protect your claim! Our Elkhart personal injury lawyers at Wilson & Kinsman, LLC will review your accident, explain your options, and fight to secure the full compensation Indiana law allows. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

Have you been injured in an accident?

car & motorcycle accident attorneys

Car & Motorcycle Accident Attorneys

At Wilson & Kinsman LLC, our car accident attorneys represent the people injured in automobile accidents, we do not represent and never have represented insurance companies.

Have you suffered from a serious personal injury? Are your medical bills going unpaid? Often times, your injuries force you to miss work and lose your income.

Premises Liability attorneys
slip and fall accident attorney

Having trouble finding a lawyer that will take on your slip and fall related injury? That’s because many lawyers do not take these types of cases.

When a loved one passes away as the result of another person or entity’s negligence, you want Wilson & Kinsman LLC in your corner.

wrongful death attorney

Give us a call!

Wilson & Kinsman

Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.