Mishawaka Car Accident Lawyers

Car accidents can have profound impacts on individuals and their families, with long-lasting physical injuries, emotional distress, property damage, and financial burdens. Survivors and their loved ones might not know where to turn; as medical bills pile up and injuries do not heal, they can feel lost and confused.

It does not need to be that way. Once you understand your legal options, you can take steps to pursue compensation for your damages. The Mishawaka car accident lawyers at Wilson & Kinsman, LLC offers comprehensive legal services to assist those affected by car accidents, allowing claimants to focus on the healing process.

Waiting to see what happens is not going to get you the answers you need. We are here to provide them and explain your legal options, putting you in a better position to pursue justice.

When Should I Contact a Lawyer After a Car Accident?

We recommend contacting a lawyer as soon as possible after a car accident, especially if the incident resulted in significant injuries, substantial property damage, or disputes regarding fault. Early consultation allows the attorney to gather and preserve critical evidence, communicate with insurance companies on your behalf, and advise you on the appropriate steps to protect your rights.

Delaying legal consultation can lead to lost evidence and diminished claims. Be aware that Indiana has a two-year statute of limitations for filing personal injury claims; that time goes by quicker than you might think. If you wait too long, your case could be compromised.

What Compensation Can I Recover After a Car Accident?

After a car accident, you may be entitled to various forms of compensation, depending on the specifics of your case. This compensation can include:

• Medical expenses, both current and future.
• Lost wages due to time away from work.
• Pain and suffering endured as a result of the accident.
• Property damage covering repair or replacement costs of your vehicle.

Our Mishawaka car accident lawyers explore every category of compensation, accounting for present and potential damages that might affect clients.

How Can I Prove the Other Driver Was at Fault?

Establishing the other driver’s fault generally revolves around evidence-gathering processes. Our Mishawaka legal team sources police reports, witness statements, driver records, traffic camera footage, and photographs from accident scenes. Demonstrating that the other driver violated traffic laws or was engaging in negligent behavior, such as distracted driving, can support your claim.

We also work with clients to gather medical records and statements, car repair receipts, and other evidence that accurately indicates the damages. That information can provide clear links between the driver’s actions and your damages. In some cases, we engage expert witnesses like medical professionals and accident reconstruction professionals who provide compelling testimony for clients.

What If the At-Fault Driver Does Not Have Insurance?

If the at-fault driver lacks insurance, recovering compensation can be more challenging. However, you may have options through your own insurance policy, such as uninsured motorist coverage, which can cover medical expenses and other damages. In some cases, you may be able to file a lawsuit against the at-fault driver to seek compensation. While collecting damages from an uninsured driver can be difficult, a legal claim may be worthwhile if they have personal assets.

Can I File a Claim If I Was Partially at Fault?

Yes, depending on the circumstances. Indiana has a comparative fault system that applies to personal injury claims. If you are found to be 51 percent or more responsible for the crash, you are barred from recovering any monetary compensation.

However, claimants found to be less than 51 percent responsible may be entitled to receive compensation. The assigned percentage of responsibility will reduce the final amount. Here’s an example: If a court finds you 40 percent responsible for a car accident that caused you $10,000 in damages, you might be able to recover $6,000.

Should I Accept the First Settlement Offer From the Insurance Company?

Insurance companies may offer quick settlements that are often lower than what you may be entitled to receive. This can be a stumbling block, especially for claimants who need the money to pay for their damages. Still, our Mishawaka car accident lawyers advise against accepting the first offer without consulting a lawyer who can evaluate the adequacy of the settlement in relation to your actual damages.

We can negotiate on your behalf to seek a fair settlement that fully compensates you for your losses. If you have been offered a settlement, it might be best not to sign the check. Once you do that, you cannot seek additional compensation for unaccounted-for damages related to the accident that you were unaware of when accepting the settlement.

What Are My Legal Options If the Insurance Company Denies My Claim?

Receiving an insurance denial notice can be very unsettling, but you might have legal options. When that happens, you might be able to appeal the decision, have a lawyer negotiate on your behalf, or file a lawsuit. Wilson & Kinsman, LLC assists clients with contesting unjust claim denials and fights to pursue the compensation they deserve.

What Happens If I Was in an Accident With a Commercial Vehicle?

Accidents involving commercial vehicles can be more complicated due to factors like multiple liable parties, including the driver, the employer, and potentially the vehicle manufacturer. These cases may also involve federal regulations governing commercial vehicles. Wilson & Kinsman, LLC also has experience representing clients involved in commercial vehicle accidents in the Mishawaka area, working diligently to address the unique challenges these cases present.

Mishawaka Car Accident Lawyers at Wilson & Kinsman, LLC Can Fight to Pursue the Justice You Deserve

If you or a loved one was injured in a car accident, seeking legal assistance can be a critical step toward fighting for the justice you deserve. Our experienced Mishawaka car accident lawyers at Wilson & Kinsman, LLC provide personalized legal services. For a free consultation, call 574-522-1900 or complete our online form. Located in Elkhart and South Bend, Indiana, we serve clients in St. Joseph County and throughout the state.