Indiana Personal Injury Legal Questions

Yes you would have been experiencing the injury with or without airbags. They only lessen the impact of forces in play. If you PIP or med pay coverage get the info and open a claim with your own company to pay the bills. Unfortunately you have not claim for injury you can pursue. You were the fault party for your own injury. you were over driving existing conditions. So get better and drive safer.... Read More

First you claim is against the owners of the apartment and they owe only if they could have or should have know their was defect which might cause injury. They are not the insurers of safety for tenants or visitors to the complex. They owe only if there was a duty to prevent injury. If the defect was so noticeable, you had a duty to prevent injury too as you could see the danger a defect might cause. So the case is based on complicated facts. In the State of Washington, it is presumed both parties are at fault until an investigation proves otherwise. Have you preserve the look of the scene of the fall in pictures? If it has been changed in any way, this does not constitute an admission of responsibility. If it was not obvious, but you got hurt, any owner would take steps to fix it as they are now on notice of the defect. The company will pay what the company deems is the percentage share of fault for the accident. There is an act of God defense. In other words, some accidents just happen. There is no fault party. You say you do not want to go to court. Unfortunately slip and falls are the worst kind of injury claim because there are many (my guess 20%) are dismissable because of the act of God defense. The companies who evaluate these cases assign fault to the person injured about 30% of the time, therefore, they will not pay anything, or if they do it will be a nusance amount (a few hundred or thousand dollars only.) About 50% of the time there is a good case that the owners of the property should have known and should pay something. But the companies knowing the odds, they rarely offer to settle, but will only settle if one show resolve to fight they if they do not. Your injury sounds bad, but you need to know what percentage chance not just possibility that you will have leg expense in the future. If you are looking a knee replacement at the cost of $25 K, but the chance is only 10%, well you cannot expect to get $25 K as a settlement, maybe $2,500 plus current bills and say a Thousand for the hassle of having to treat and get care. If you are really going to be out of work for three weeks because there is an 80% chance of surgery, well then the evaluation changes. You must file a suit within 3 years of the injury or you forever lose your right to present a claim. It will take on average a year to get to a trial. So four years from the injury you will need to come up with a value you will be pitching to the jury. No one can tell you what is worth until you are stabilized and can think about chances or you are well. Obviously if this gets better in two years, the value of the claim is less than otherwise.... Read More

It depends on the jurisdiction of the court where the lawsuit if filed. Most small claims courts have limited jurisdiction for monetary relief. You should contact a plaintiff's personal injury lawyer for specific legal assistance. Where minors cause injuries to others, lawsuits are brought against their parents or guardians.... Read More