The Importance of Documenting Your Personal Injury: Tips and Best Practices

The Importance of Documenting Your Personal Injury: Tips and Best Practices

by | Apr 18, 2023 | Auto Accidents, Bicycle Accidents, Birth Injury, Brain Injuries, Construction Injury Claim, Dog Bites, Medical Malpractice, Motorcycle Accidents, Personal Injury, Prison Injury, Slip / Fall Injury, Spinal Cord Injury, Traumatic Brain Injury, Truck Accidents

Whether you’ve been in a car accident or slipped and fallen, one thing is certain: proper documentation can make or break your personal injury case in Indiana. That’s because documentation establishes the facts, determines liability, and helps secure the compensation you deserve. With so much on the line, it’s essential to have a comprehensive understanding of the importance of documenting personal injuries in Indiana. This blog is your ultimate guide to navigating the complexities of injury documentation. We’ll cover everything from relevant laws to tips for proper documentation and the critical role an experienced personal injury attorney can play in your case.

Understanding Personal Injury Law in Indiana

Definition of personal injury

Personal injury can take many forms, from physical harm to emotional or psychological distress, and it often arises from the careless or intentional actions of others. Fortunately, Indiana law allows victims to pursue compensation for their injuries and losses through the legal system. This area of law provides a framework for seeking damages and holding negligent parties accountable. In this post, we’ll delve deeper into personal injury law in Indiana, exploring how it can help you recover from the harm you’ve suffered.

Common types of personal injury cases

Some of the most common personal injury cases in Indiana include:

  1. Automobile accidents
  2. Motorcycle accidents
  3. Trucking accidents
  4. Slip-and-fall incidents
  5. Medical malpractice
  6. Defective products
  7. Dog bites

Indiana’s comparative fault law

Indiana’s personal injury law operates under a “comparative fault” system, which allows you to recover damages even if you share some of the blame for an accident, as long as your fault is less than 51%. Your compensation will be reduced by the percentage of fault assigned to you. For instance, if you are 30% at fault for an accident and your damages total $100,000, you can receive $70,000 in compensation.

Statute of limitations for personal injury claims in Indiana

Another crucial aspect of Indiana’s personal injury law is the statute of limitations for filing a lawsuit, which is typically two years from the date of the incident. It’s crucial to act quickly in pursuing your claim, as missing this deadline can bar you from seeking compensation. However, there are exceptions and nuances to this rule, and consulting with a knowledgeable personal injury attorney can help you navigate these complexities and protect your rights.

Tips for Properly Documenting Your Personal Injury

Establishing evidence to support your claim

Documenting your personal injury is crucial for establishing the evidence necessary to support your claim. This evidence provides a clear and objective record of the incident, including the extent of your injuries and the damages you’ve suffered. With proper documentation, you can paint a vivid picture of what happened and demonstrate the other party’s liability, which is key to securing the compensation you deserve.

Be thorough and accurate in your documentation

When compiling documentation for a personal injury claim, it is crucial to be meticulous and precise in documenting all pertinent details. This approach will bolster your case and simplify the task of your legal representative in comprehending and advocating for your claim.

Keep all documents organized and easily accessible

To improve the efficiency and accessibility of important information, it is recommended that you implement a systematic organization of your documents. Whether it be through digital or physical means, maintaining a well-ordered documentation system can benefit you, your attorney, and your insurance company in swiftly and effectively reviewing necessary materials.

Update your personal injury journal regularly

Maintaining an up-to-date personal injury journal is crucial to building a strong case. Regularly documenting physical pain, emotional distress, and any changes in your condition can provide a comprehensive account of how your injury has impacted your life. This information can be critical evidence to support your claim, so it is essential to keep your journal organized and regularly updated.

How a Personal Injury Attorney Can Help

Assessing the strength of your case

A lawyer specializing in personal injury cases has the expertise to analyze your situation, review the available evidence, and offer an objective evaluation of its viability. Furthermore, they can guide you on the probable outcomes and help you determine whether settling out of court or pursuing litigation would be the most advantageous course of action.

Ensuring proper documentation

A seasoned lawyer can assist you in navigating the complexities of compiling and arranging all the essential paperwork required for your personal injury lawsuit. They can pinpoint any gaps or insufficiencies in the evidence and guarantee that your case is established on a firm footing.

Negotiating with insurance companies

Insurance providers frequently try to reduce their financial liabilities by contesting or underestimating the value of claims. An attorney specializing in personal injury cases can act as your representative in negotiations with the insurance company, leveraging their legal know-how and familiarity with your case to achieve the most favorable settlement outcome on your behalf.

Representing you in court, if necessary

If your case goes to trial, your attorney will represent your interests in court, presenting evidence, cross-examining witnesses, and making persuasive arguments to the judge or jury on your behalf.

Maximizing your compensation

An attorney specializing in personal injury cases can play a crucial role in safeguarding your rights and ensuring that you receive adequate compensation for your medical bills, lost income, emotional distress, and other losses resulting from your injury. Their proficiency and unwavering commitment can have a substantial impact on the resolution of your case, potentially resulting in a more favorable outcome for you.

Consult with Goodin Abernathy for Expert Personal Injury Representation

If you have sustained a personal injury in Indiana, it’s essential to act swiftly. You can rely on the professionals at Goodin Abernathy to assist you in navigating the process of documenting your injury and pursuing compensation. Our team of devoted attorneys is dedicated to providing tailored legal guidance, safeguarding your rights, and advocating for your best interests. Reach out to us now to schedule a complimentary, obligation-free consultation to discuss your case and examine your legal alternatives. Let us work in partnership with you to secure the most favorable resolution for your personal injury lawsuit.

Injuries at the County Jail

Injuries at the County Jail

by | Jan 13, 2016 | Legal Matters Discussed, Medical Malpractice, Personal Injury, Wrongful Death

Individuals are generally housed at a County Jail while they wait for their trial or when they are waiting to be sent to a Department of Correction facility after being sentenced.

While at the County Jail, Indiana law dictates the County Sheriff is the one charged with a duty to administer the jail in a manner which preserves the safety of the inmates. Indeed, the Sheriff must exercise reasonable care to preserve the life, health, and safety of those in custody.

Frequently, the County Sheriff will delegate duties to jail employees to run the jail, and sometimes the County Sheriff will delegate the responsibility for providing medical attention to inmates to a doctor or an outside health care provider. However, even when duties are delegated, the Sheriff is responsible for the acts of jail employees, if the employees, acting in the course and scope of their employment, commit negligence. Similarly, the Sheriff is responsible for the acts of heath care providers. Therefore, when an inmate at a County Jail commits suicide; is sexually assaulted by a jail employee; or is deprived reasonable medical care; the Sheriff, in an official capacity, may be liable for damages.

Any individual who desires to make a claim against a County Sheriff, in their official capacity, must file what is known as a Notice of Tort Claim. This Notice must be filed within 180 days after the loss or event and must contain specific required information or the claim will be barred. Consequently, it is important that individuals who have suffered an injury or event at a County Jail, as a result of the actions of a jail employee or medical care provider, consult with an experienced attorney.

Medical Malpractice and Common Sense

Medical Malpractice and Common Sense

by | Feb 25, 2015 | Birth Injury, Legal Matters Discussed, Medical Malpractice, Personal Injury

Generally, with medical malpractice cases, there must be expert testimony provided to prove malpractice occurred. There are also jury instructions stating that a jury may only rely on the expert testimony when determining whether malpractice occurred. A recent Indiana Court of Appeals case, however, highlighted where common sense may be used in a medical malpractice case.

Common Sense vs Medical Malpractice

In Thomson v. St. Joseph Regional Medical Center and Michael Borkowski, M.D., while the Plaintiff was undergoing a hysterectomy, the arm board connected to the surgery table became detached and left her arm dangling to the side. After surgery, Ms. Thomson had right arm pain and was later diagnosed with a right radial nerve injury, probably caused by compression. Ms. Thomson’s claim was first heard by a medical review panel pursuant to Indiana Code Section 34-18-8-4. The panel found there was no negligence. At this point, Ms. Thomson filed her case in state court and had to rebut the panel’s opinion on summary judgment.

Summary judgment was granted in favor of the hospital and anesthesiologist; however, the Indiana Court of Appeals reversed the decision using the res ipsa loquitur or “common knowledge” exception. This exception is used when the Plaintiff can show “(1) the injuring instrumentality is under the management or exclusive control of the defendant or his servants and (2) the accident is such as in the ordinary course of things does not happen if those who have management of the injuring instrumentality use proper care.” The Court noted the anesthesiologist did not have to have exclusive control of the arm board to be subject to the common knowledge exception.

In overturning the summary judgment ruling the Court of Appeals noted “it suffices to say that common sense and experience lead us to conclude that an arm board should not become detached leaving a patient’s arm dangling for such a period of time that the patient suffers nerve injury.” Even though medical malpractice cases do require expert testimony, this case highlights where common sense may enter into these complex cases.
If you or a loved one have experienced medical malpractice or if something went wrong during surgery, there is a birth injury, or a failure to diagnose, the personal injury attorneys at Goodin Abernathy, LLP are waiting to speak with you. Call us for a free consultation of your case.

Image by FreeDigitalPhotos.net and David Castillo Dominici

Physician’s Liability – Driving While Medicated

by | Aug 9, 2013 | Legal Matters Discussed, Medical Malpractice, Personal Injury

A recent Indiana Supreme Court decision highlighted the dangers of mixing certain medications with driving.  In Manley, et al v. Sherer, et al., No. 59S01-1205-PL-249 (Ind. 2013), the driver struck Plaintiff, Mary Manley, head-on.  At the scene, the driver told Ms. Manley she “should not be driving due to her medical condition.”  The driver’s physician, Dr. Sherer, informed the prosecuting attorney the driver had several medical conditions that when combined with the medications prescribed by Dr. Sherer, may have contributed to the accident.

Ms. Manley and her husband sued Dr. Sherer for the failure to warn the driver not to drive while taking the prescribed medication.  In reversing a summary judgment in favor of Dr. Sherer, the Supreme Court held the usual 2 year statute of limitations to file her case did not apply because it was unclear when Ms. Manley knew she had a medical malpractice case.

In addition, the tolling provision of I.C. §34-18-7-3(a) was upheld.  This provision tolls the 2 year statute of limitations defense for physicians when a plaintiff files their proposed medical malpractice complaint with the Indiana Department of Insurance.
Medications mixed with driving are a concern in the U.S.  The National Highway Traffic Safety Administration (NHTSA) found that 16 percent of weekend nighttime driers (roughly 1 in 6) tested positive for illicit drugs or medications.  2007 National Roadside Survey of Alcohol and Drug Use by Drivers:  Drug Results, U.S. Department of Transportation, National Highway Traffic Safety Administration, December 2009.  Of this number 3.9% were positive for medications and 1.1% were positive for a combination of illegal drugs and medications.

x

Free Consultation