If you’ve been injured due to someone else’s negligence in Indianapolis, grasping the legal system without an accident lawyer is overwhelming. With busy highways, unpredictable weather, and frequent collisions, the city presents unique risks for serious accidents. You need an Indianapolis personal injury attorney on your side.
At Poynter & Bucheri, our experienced attorneys are here to help. Our law firm handles the legal process, negotiates with insurance companies, and fights for the full and fair compensation you deserve. Having a knowledgeable Indiana lawyer on your side makes all the difference. Contact Poynter and Bucheri today for a free case evaluation from the best lawyers in the state: 800-265-9881.
Personal Injury Cases We Handle
At Poynter & Bucheri, our Indianapolis personal injury lawyers are equipped to handle a variety of personal injury claims, including, but not limited to, these practice areas:
Car Accidents
Auto accidents are a leading cause of injuries in Indianapolis, often due to distracted driving, speeding, or reckless behavior. Busy highways and unpredictable weather make car accidents more likely, causing injuries like whiplash, broken bones, or brain trauma.
An injured person will face huge medical bills and low insurance offers, making recovery stressful. A skilled Indiana personal injury lawyer can help navigate the process and fight the at-fault auto accident driver for financial recovery.
Dog Bite Accidents
Dog bites can cause serious injuries, including puncture wounds, infections, nerve damage, and scarring. In Indianapolis, many attacks result from negligent owners who fail to restrain or train their dogs.
Injured victims may suffer physical and emotional trauma, especially children. A personal injury lawyer can help hold the owner accountable and pursue financial compensation.
Motorcycle Accidents
Motorcycle accidents can cause catastrophic injuries due to the lack of protection for riders. Distracted drivers, failure to yield, and hazardous road conditions often cause motorcycle accidents, leading to serious injuries like broken bones, spinal cord injuries, and brain damage.
Indiana’s busy highways and unpredictable weather add to the risks motorcyclists face. If you’ve been injured, our personal injury law office can help you fight for the compensation you deserve.
Pedestrian Accidents
Pedestrian accidents are common in Indianapolis, especially in busy areas where drivers fail to yield or pay attention. Distracted driving, speeding, and ignoring traffic signals often leads to severe injuries like fractures, head trauma, and internal damage.
With the city’s growing population, pedestrians face an increased risk of car accidents. Even low-speed collisions can have life-changing consequences. If you or a loved one has been injured, we are ready to serve clients seeking justice.
Semi-Truck Accidents
Semi-truck accidents in Indianapolis can be devastating due to the size and weight of commercial trucks. Driver fatigue, overloaded cargo, and mechanical failures often cause crashes, leading to severe injuries like spinal cord damage, brain trauma, and fatalities.
With major highways like I-65 and I-70, the city sees heavy truck traffic, increasing the risk of serious collisions. Our law office comprises the best lawyers with years of experience handling complex injury accident claims and holding trucking companies accountable.
Wrongful Death
Wrongful death claims occur when a loved one dies due to someone’s negligence, leaving families with emotional and financial burdens. The sudden loss can bring overwhelming costs, including medical bills, funeral expenses, and lost income.
While no amount of money can replace a loved one, these claims can provide financial stability and accountability. Our compassionate legal team supports you and holds the liable party accountable.
Dram Shop
Indiana’s Dram Shop Law holds bars, restaurants, and private hosts accountable for over-serving alcohol to someone they knew was visibly intoxicated if that person later causes harm. In Indianapolis, these laws help prevent negligently serving intoxicated individuals who go on to injure or kill others.
Victims of dram shop cases may suffer serious accidents due to a bar or server’s failure to cut off an obviously impaired person. Filing a personal injury claim under Indiana’s dram shop laws with our law firm can help accident victims and family members recover.
The Phases of a Personal Injury Case
Filing a personal injury claim can be complicated, but having experienced legal representation from a knowledgeable law firm makes the process easier. At Poynter & Bucheri, our Indianapolis personal injury lawyers guide clients through each step to protect their rights and maximize compensation.
- Free Consultation & Case Review – We provide a free case evaluation, review evidence, and determine the best legal strategy.
- Investigation & Evidence Collection – Our team gathers medical records, police reports, witness statements, and expert testimony to build a strong case.
- Filing the Claim – We handle all legal paperwork and submit your injury claim to the at-fault party’s insurance company.
- Negotiation with Insurance Companies – Insurers often offer low settlements. Our personal injury attorneys push for fair compensation.
- Filing a Lawsuit (If Necessary) – If a fair settlement isn’t reached, we prepare your case and our trial lawyers for court, handling all legal motions and discovery.
- Mediation & Settlement Discussions – We advocate for you in mediation before trial, working toward a resolution with a neutral third party.
- Trial (If Needed) – If mediation fails, we take your case to court with one of our trial lawyers, presenting evidence and fighting for the best possible outcome.
- Collecting Compensation – Once a settlement or verdict is reached, our trial lawyers ensure you receive your payment without unnecessary delays.
At Poynter & Bucheri, we are dedicated to protecting your rights and securing your financial future with experienced trial lawyers. Contact our law firm for a free consultation, and let us guide you through the legal options.
What Negligence is According to Indiana Law
Negligence in Indiana is the failure to exercise reasonable care, causing harm to another person. Those who act recklessly, carelessly, or neglect a legal duty can be held responsible for resulting injuries and damages.
The Four Elements of Negligence
- Duty of Care – The defendant must have owed a legal duty to the injured party, such as drivers following traffic laws or property owners maintaining safe conditions.
- Breach of Duty – This duty is violated through negligent actions or inaction, such as distracted driving or failing to clean up a hazard.
- Causation – There must be a direct link between the breach of duty and the victim’s injuries, proving the harm was a foreseeable result of negligence.
- Damages – The victim must have suffered measurable harm, including medical bills, lost wages, pain and suffering, or property damage.
Proving these elements is key to a successful claim. Without solid evidence, insurance companies may try to deny or reduce compensation. An experienced personal injury attorney can help build a strong case and improve your chances of recovery.
How Fault is Assigned in Personal Injury Cases in Indiana
Fault is crucial in personal injury claims, as it determines whether an injury victim can recover compensation. States follow different negligence systems. Indiana uses modified comparative negligence, which impacts how damages are awarded based on fault.
Pure Comparative Negligence
Under this system, victims can recover damages even if they are mostly at fault, but their payout is reduced by their fault percentage. For example, someone 70% at fault in a $100,000 claim would receive $30,000. Indiana does not follow this rule.
Modified Comparative Negligence (Indiana’s Rule)
Indiana follows a 51% bar rule, meaning victims can recover damages only if they are less than 51% at fault. If 51% or more are at fault, they receive nothing. Otherwise, compensation is reduced by fault percentage. For example, someone 20% at fault in a $100,000 claim would receive $80,000.
Contributory Negligence
This is the strictest system, barring victims from compensation if they are even 1% at fault. Only a few states use this rule, but Indiana does not.
Since fault impacts compensation, insurance companies often try to shift blame.
Damages You Can Recover in a Personal Injury Case
You may be eligible for economic, non-economic, and punitive damages if you’re injured due to negligence. These cover financial losses and emotional suffering and, in some cases, punish reckless behavior.
Economic Damages (Tangible Financial Losses)
- Medical Expenses
- Lost Wages
- Loss of Earning Capacity
- Property Damage
Non-Economic Damages (Intangible Losses)
- Pain and Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Consortium
Punitive Damages (Punishment for Extreme Negligence)
Not meant to compensate victims but to punish reckless misconduct, in Indiana, punitive damages are capped at three times compensatory damages or $50,000, whichever is greater, and are not awarded in every case.
The Statute of Limitations in Indiana
In Indiana, you have two years from the date of your injury to file a lawsuit. Missing this deadline means losing your right to compensation. Acting fast helps protect evidence, strengthen your case, and meet legal deadlines.
Exceptions to the Two-Year Limit
While the general rule is a two-year deadline, certain situations can extend or alter the time limit for filing a claim. Some exceptions include:
Minors and Mentally Incapacitated Individuals
If the injured party is under 18 or mentally incapacitated, the Statute of Limitations is paused until they turn 18 or regain competency. They then have two years to file a lawsuit.
Discovery Rule
In Indiana personal injury cases, the two-year limit usually starts on the date of the accident. However, if the injury isn’t immediately discovered, the clock begins when the victim reasonably should have known about it. Not all personal injury cases qualify for this exception, so consulting an attorney is essential to determine your filing deadline.
Claims Against Government Entities
If your injury involves a government agency, special rules apply. You must file a notice of claim within 180 days for city or county claims or 270 days for state claims. Missing this deadline may forfeit your right to compensation.
Wrongful Death Cases
These claims follow the two-year rule, but the clock starts from the date of death, not the date of the injury that caused it.
Defendant Leaving the State
If the at-fault party leaves Indiana before a lawsuit is filed, the Statute of Limitations may be paused until they return, preventing them from escaping legal responsibility.
Knowing these exceptions helps protect your legal rights. If your case qualifies for an extension, consult a personal injury lawyer promptly to determine your filing deadline.
Things To Avoid Doing During Your Personal Injury Case
Your actions after an injury can impact your payout. Avoid these mistakes to protect your claim:
- Delaying Medical Treatment
- Giving a Recorded Statement
- Posting on Social Media
- Accepting a Quick Settlement
- Admitting Fault
- Ignoring Doctor’s Orders
- Handling the Case Alone
Avoiding these pitfalls strengthens your case.
FAQs
What Should I Do Right After a Personal Injury Accident?
What you do immediately following a personal injury accident can make a big difference in the outcome of your case.
- Seek Medical Attention – Even if you don’t feel injured right away, it’s important to get checked by a healthcare professional. Some injuries, like concussions or internal damage, may not be immediately visible.
- Document the Scene – Take photos of the accident scene, your injuries, and any property damage. If possible, get contact information from witnesses and other parties involved.
- Report the Accident – File a report with the police or relevant authorities. This creates an official record that could be important for your case.
- Avoid Admitting Fault – Do not apologize or admit fault, even if you think you may be partly responsible. Liability should be determined through an investigation, not at the scene.
- Contact an Attorney – Speaking to a personal injury lawyer soon after the accident ensures that your rights are protected, and they can guide you through the legal case process.
Should I Accept the Insurance Company’s First Settlement Offer?
Accepting an insurance company’s first settlement offer is rarely wise, as they often try to pay less than you deserve. Accepting too soon may waive your right to further compensation if your injuries worsen. A personal injury attorney can assess your damages and negotiate for a fair payout.
What is Discovery in a Personal Injury Lawsuit?
Discovery is a phase in personal injury law where both sides exchange evidence and information to prepare for trial. It ensures both parties are fully informed and typically includes:
- Interrogatories – Written questions answered under oath
- Depositions – Sworn testimonies taken outside of court
- Requests for Production – Requests for documents, medical records, or other evidence
- Requests for Admissions – Asking the other party to confirm or deny key facts
Though discovery can take months, it is essential for building a strong case. Your accident lawyer will guide you through the process, ensuring all necessary evidence is collected and used effectively.
Contact an Indianapolis Personal Injury Attorney Today
If you or a loved one has been injured due to someone else’s negligence, you don’t have to navigate the legal process alone. At Poynter & Bucheri, our experienced Indianapolis personal injury lawyers are dedicated to fighting for the compensation you deserve. We understand an injury’s physical, emotional, and financial burdens.
Our attorneys evaluate each client on a case-by-case basis to determine the best legal strategy. Indianapolis attorneys at Poynter & Bucheri have recovered millions for clients across various practice areas, helping accident victims with valid claims get the justice they deserve.
Don’t wait—Indiana’s Statute of Limitations restricts your time when filing a claim for your damages. Call 800-265-9881 or click here to schedule a free initial consultation with our law firm.