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.

Why Are So Many People Dying Preventable Deaths in Indiana Prisons?

Why Are So Many People Dying Preventable Deaths in Indiana Prisons?

by | Nov 8, 2021 | Current Events, Legal Matters Discussed, Prison Injury

This blog contains discussions of suicide. If you or someone you know may be struggling with suicidal thoughts, please call the suicide prevention hotline at 800.273.8255.

There’s only one place in America where basic healthcare is an undeniable right; that’s prison. Since the incarcerated have no opportunity to seek out healthcare on their own, they rely on the 8th amendment to get the minimum standard of medical care they need. The 8th amendment of the Constitution protects the incarcerated from cruel and unusual punishment, enabling them to receive medical care while behind bars—as being literally locked up without access to medical care is be deemed both cruel and unusual. What’s truly cruel and unusual; however, is the rate at which inmates are dying in Indiana prisons.

Those of you local to Indianapolis may have seen an article in the Indy Star recently highlighting the horrifying statistics related to inmate suicide. Here is what the Indy Star reporters found:

• Since 2010, 125 people have died by suicide in Indiana prisons. That is 42% of all in-prison fatalities, exceeding the national average of 30% and making suicide the leading cause of death.

• 2020 was the worse year for jail suicides in Indiana with 18 total deaths. This is triple the number who died in 2010.

• At least 76% of the suicides occurred in jails that were found by state inspectors to be overcrowded, understaffed, or both—conditions that make it hard to identify and monitor people who might be at risk of suicide.

• 82% of the people were being held pretrial and had not yet had their day in court

• At least 20% of the suicides involved people who jailers should have known, or did know, were suicidal. Some told jailers they had considered suicide or were on suicide watch. Several had even made, and survived, prior attempts to harm themselves in jail. Others were captured on surveillance video making a noose or other preparations.

• More than 40% of the suicides happened within a week of the person being booked into jail. Nearly one in 10 occurred within a person’s first 48 hours behind bars.

• As many as 80% of the roughly 20,000 Hoosiers in Indiana’s county jails are struggling with mental health or substance abuse issues.

Being behind bars is overwhelming. It creates extreme anxiety, stress, and fear with research showing that people in prison are more than twice as likely to die by suicide than a person who is not incarcerated. These facts paint a clear picture. Careful evaluation and close monitoring of those entering prison is critical to inmate safety.

According to the Indy Star, new corrections officers in Indiana are required to attend only 8 hours of state-mandated training specifically focused on suicide and mental health. State law also allows new officers to work as long as a year before receiving that training. Suicidal prisoners are supposed to be checked every 15 minutes. In many facilities, this doesn’t occur and the reasoning is astounding.

Prisons are grossly overcrowded and understaffed leading to inadequate prisoner to staff ratios and a virtual impossibility of meeting the every 15 minute check in rule for inmates at risk for self-harm. Corrections officers are also inadequately trained in the area of mental health. More social workers are needed—licensed mental health professionals that adequately evaluate and recommend the safest course of action in dealing with suicidal inmates. Greater efficiency in prescription medication requests and access to psychiatric care is imperative in adequately treating the mental ill behind bars, a larger staff with access to more video surveillance technology in special padded cells designed to protect the mentally ill and suicidal along with stricter adherence to suicide protocols such as the every 15 minute check in and other state mandated procedures.

If rules are expected to be followed on the outside to avoid landing behind bars, the rules need to be followed on the inside as well. As Lindsay Hayes says, a researcher of suicides in jails and prisons for over 40 years, “preserving life is our moral and legal responsibility. Everyone who dies in our jails could have been our son or daughter, our brother or sister, our loved one, our friend.”

As construction continues on the new Community Justice Campus, the replacement for Indianapolis’ Marion County Jail 1, we at Goodin Abernathy hope that all non-clinical personnel get the training they need to better recognize and react to suicidal and mentally ill inmates. We also hope that those incarcerated get the medical and mental health services they so fervently require.

If you or someone you know may be struggling with suicidal thoughts, please call the suicide prevention hotline at 800.273.8255.

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