Common Questions About Personal Injuries
When you suffer an injury, you need an experienced lawyer beside you to answer your questions and give you some peace of mind. Neil Chapman, Attorney at Law can provide that kind of personalized legal counsel. I start here by answering some of the more common questions and answers regarding various personal injury matters.
If you do not see your question below, please contact my office and ask me directly, or set up a free initial consultation to fully discuss your case.
- Should I provide a statement to an insurance company without a lawyer's help?
- Will I have to go to trial to recover damages?
- What is considered "pain and suffering?"
- What determines the amount I might recover?
- What is a typical settlement amount?
- Can the insurance company refuse to pay my medical bills if my car was not damaged?
- What is wrongful death?
- What is the statute of limitations for filing a wrongful death claim?
- Who can sue for wrongful death?
Here to help with a no recovery–no fee basis
I work tirelessly to see that you win the money you need to move on with your life and truly recover from your injuries. Call Neil Chapman at 812-618-1833 or contact me online today to schedule a free initial consultation on your case.
Should I provide a statement to an insurance company without a lawyer's help?
It is in your best interests to only provide your contact information to an insurance company until you consult with a lawyer. The more significant your injuries, the more imperative it becomes to seek legal counsel before providing any statement.
Will I have to go to trial to recover damages?
Not necessarily. About 95 percent of personal injury cases filed settle prior to trial.
What is considered "pain and suffering?"
Pain and suffering includes harm caused by physical injury and mental anguish experienced through avoiding activities you engaged in prior to your accident and the potential of surgery.
What determines the amount I might recover?
Every case addresses three issues:
- Liability—establishing someone's negligence
- Damages—the amount that will fairly and adequately compensate you for your injuries
- Source of collection—insurance or other assets from which damages can be recovered
Indiana law restricts the amount of compensation you can recover for your medical bills at $10,000. If this amount does not cover your medical expenses, I can work with you to find a way to get the restitution you need.
What is a typical settlement amount?
An experienced personal injury lawyer reviews and interprets your case information to determine the appropriate value for your claim:
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The goal is fair and adequate compensation for your injury and an experienced attorney will know what a reasonable jury would award. The strength of lay and expert witness testimony will likely influence the amount.
Can the insurance company refuse to pay my medical bills if my car was not damaged?
No. While the insurance company might try to draw a direct correlation between damage done to your car and the severity of your personal injury, it is possible that the body sustains damage even if the car did not. The reverse may also be true—a car might experience major impact but the people might only suffer minor cuts and bruises.
What is wrongful death?
The idea behind a wrongful death lawsuit is the wrongful death, in addition to injuring the person who died, also brought harm to the people who depended on that individual for financial and/or emotional support. The wrongful act might be:
- A negligent or careless act (e.g., careless driving)
- A reckless act
- An intentional act such as deliberate murder
Indiana has a statute permitting a lawsuit to be brought by the decedent's relatives in the event of a wrongful act.
What is the statute of limitations for filing a wrongful death claim?
Indiana law sets the timeframe for filing at two years from the date of the death. The clock begins with the time of the incident or when the party became aware of or discovered the injury. Indiana will not honor a wrongful death claim filed after the legislated timeframe and the opportunity to recover damages for the family will be forever lost.
Who can sue for wrongful death?
Indiana defines the person allowed to bring a wrongful death lawsuit as a spouse, children, parents, or siblings.
