Experienced Evansville Car Accident Attorney

Many people think they may not ever need the services of an attorney, but a car accident can happen anywhere, anytime. After an accident, an attorney can provide invaluable assistance in helping get victims the compensation they need to pay their bills. From repairing damage to your vehicle to covering medical expenses, lost wages from time off, and even long-term medications and care, compensation is crucial, and an attorney can help you get it. At Curt Hamilton Injury Law, our dedicated car accident lawyers are here and ready to help.

Location Is Everything – We Know The Area

Evansville is a high-traffic part of the state of Indiana, and a large number of accidents occur in and around this area. Between people going to and from work or school or attending events in Evansville, the area is always busy and has many dangerous intersections and roads, including the bridge between Evansville and Henderson and Interstate 69.

We’ve spent years serving the people of Henderson and Evansville, with attorneys licensed in Kentucky and Indiana. Since the two towns are in different states, an accident occurring in either can present different complications. In these cases, it’s very important to work with a local attorney who is qualified to practice in both states.

Having practiced for a long time, we know what laws apply, how to help our clients get proper medical treatment, what local and national insurance companies will do and how to navigate the courts, should it come to that.

Our attorneys have a deep understanding of the area and know how to figure out the aftermath of an accident, both in and out of the courtroom. We can explain your options and help guide you through the process.

Commonly Asked Questions

The circumstances involved in each accident are unique, but injured clients often have questions similar to the following:

Where will I file my claim if my accident happened on the bridge?

Our attorneys can help you understand where to file your claim. We’ll investigate the accident and determine our options for moving forward. These can be difficult cases, but we have the experience necessary to ensure they are filed in the proper place.

Does your firm handle cases in Indiana?

Yes. Our attorneys are licensed in both states, so we know the laws and courts in each state. We have experience in both states and are local to the area. If you’re too injured to come to the office, we can visit you in person, no matter which side of the Ohio River you may be on.

Indiana uses a fault-based system for car accident cases. What does that mean?

Comparative fault, also known as comparative negligence, is a legal doctrine used to determine the degree of fault of each party involved in a car accident and how it affects the compensation they can receive. The idea is to apportion damages based on each party’s responsibility for causing the accident. There are different types of comparative fault systems, and the rules vary by jurisdiction.

How are Indiana and Kentucky different in comparative fault?

Indiana and Kentucky each have their specific applications of the comparative fault doctrine:

Indiana follows a “modified comparative fault” rule with a 51% bar. This means you can recover damages if you are less than 51% at fault for the accident. You cannot recover any damages if you are 51% or more at fault. For example, if you are found to be 50% at fault and your total damages amount to $10,000, you could recover $5,000. However, if you are 51% at fault, you cannot recover any compensation.

Kentucky operates under a “pure comparative fault” system. This allows you to recover damages no matter your degree of fault, though your percentage of fault reduces the amount you receive. For instance, if you are found to be 70% at fault and your damages total $10,000, you can still recover $3,000.

What kind of damages can I get in Indiana?

If you are involved in a car accident and eligible to recover damages, you may be entitled to various types of compensation. The damages typically fall into two main categories: economic and noneconomic damages. Economic damages are tangible, out-of-pocket expenses that can be quantified, such as medical expenses, lost wages, loss of future earnings and property damage. Noneconomic damages are intangible losses that do not have a specific monetary value. These include pain and suffering, emotional distress and loss of consortium (the impact that injuries have on your relationship with your spouse and family). In some cases, punitive damages may also be awarded. These are intended to punish the at-fault party for particularly egregious or reckless behavior and to deter similar conduct in the future.

What are the steps for filing a personal injury lawsuit in Indiana?

Filing a personal injury lawsuit in Indiana involves several steps. Here’s a general outline of the process:

1. Seek medical attention: Before anything else, ensure you receive appropriate medical care for your injuries. This not only safeguards your health but also provides documentation of your injuries, which is crucial for your case.
2. Consult with an attorney: It’s advisable to consult with a personal injury attorney who can help assess your case, explain your rights and guide you through the legal process.
3. Investigation and gathering evidence: There will likely be a police report, but we can also gather evidence to support your claim. This includes medical records, witness statements, photographs and any other relevant documentation.
4. Demand letter: Often, the legal process begins with your attorney sending a demand letter to the at-fault party or their insurance company. This letter outlines your injuries, the damages you seek and the basis for the claim.
5. Negotiation: There may be a negotiation period with the insurance company to reach a fair settlement. Many cases are resolved at this stage without going to court.
6. Filing a lawsuit: If the other side’s offer is unreasonable, we will file a formal complaint in the appropriate Indiana court. This initiates the lawsuit process. In Indiana, the statute of limitations for personal injury cases is generally two years from the date of the injury, so it’s important to file within this timeframe.
7. Discovery: Both sides will exchange information through a process called discovery. This can include depositions, interrogatories (written questions) and document requests.
8. Pretrial motions and hearings: Various motions and hearings may be held before the trial, such as motions to dismiss or motions for summary judgment.
9. Trial: If the case goes to trial, both sides will present their evidence and arguments in court. A judge or jury will then determine the outcome and any compensation awarded.
10. Post-trial motions and appeals: Depending on the outcome of the trial, there may be post-trial motions or appeals.

Throughout this process, we will help you navigate the legal system, advocate on your behalf and work toward securing the best possible outcome for your case.

Common Misconceptions About Car Accident Cases

It is important to note that many people have misconceptions about how car accident injury cases are handled. We believe in providing our clients with critical information so that they fully understand the legal process and the steps they need to take. Below, we will break down two of the most common misconceptions.

Issue 1: You Must Go To Trial To Win Your Claim.

You may end up going to trial, but that does not happen in the majority of cases. Instead, our firm will work with you to determine what costs you’re facing and what a fair and just settlement will look like. We can contact the insurance company and negotiate on your behalf. In the end, we help you reach a settlement offer that you feel comfortable with, all without going to trial or having a judge rule in your case. Of course, if the settlement offer is unfair or the other party will not cooperate, we are fully equipped to fight for your rights during a trial. But it is often unnecessary if you know what legal steps to take in advance.

This is why it’s so important to work with a law firm that looks at a case from all angles and informs you of all the options you have. We are a local firm with extensive experience, so we can offer real guidance regarding the potential for success and what the outcome may look like in either a trial or a settlement offer. We help you weigh the risks and rewards – each accident case is unique – to determine the best path forward.

Issue 2: The Insurance Company Can Handle Everything For You.

It is certainly true that the insurance company hopes you view the case this way. They prefer clients who have no active involvement in the case. But remember that the insurance company’s goal is to make money, and they do that by denying or reducing claims. They are not on your side, even if they make it appear that way.

If you have been injured, it’s critical to have an attorney who actually is on your side. An attorney is the only one who is truly looking out for your long-term financial and physical well-being. We offer free consultations and we look at the big picture, while insurance companies often just look at the bottom line.

Work With A Knowledgeable, Local Car Accident Lawyer

If you’re trying to figure out the aftermath of an accident in Evansville, whether you’re from Henderson, Kentucky or Indiana, contact us for help. Our car accident lawyers have the knowledge and experience you need to successfully figure out your claim.

Use our online contact form or call 270-458-3126 for more information or to set up an initial appointment to learn more about how we can help.