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Counsel That You Can Trust & Depend On

Car Accident Attorney In Valparaiso, Indiana

Car accidents can strike anywhere, even in quaint, beautiful college towns like Valparaiso, Indiana. Maybe you were struck when driving to Valpo University or rear-ended when pulling into Strack and Van Til. Perhaps you were t-boned on US 30 or side-swiped on the 49 bypass. Regardless of how your crash happened, you might be entitled to compensation for your injuries. At Guy DiMartino Law we advocate for accident victims like you. We would be honored to give you a free consultation to explain your legal rights.  

Common Auto Accident Injuries in Valparaiso

Car accidents can range from minor fender benders or t-bone crashes to catastrophic accidents that require the jaws of life to help get trapped and injured people out of the vehicle.  At Guy DiMartino Law, our car accident attorney has seen all kinds of injuries, including the following: 

  • Whiplash  

  • Soft-tissue injuries like sprains and strains 

  • Knee injuries  

  • Pinched nerves and other types of nerve damage  

  • Herniated discs and spinal cord injuries  

  • Fractures  

You must treat every injury seriously and seek immediate medical treatment. To protect your rights, avoid delay. 

Medical Bills After a Valpo Auto Crash 

People are worried about racking up medical expenses after a car accident. There are different ways to get your medical expenses paid. Most auto insurance policies have a medical payments provision, which usually has $1,000 to $10,000 in benefits available. This provision pays medical expenses because of a car accident regardless of fault.  

If you do not have medical payments on your auto policy, the next place to look for medical coverage is your health insurance. Yes, your health insurance will pay for car accident-related injuries. If somebody tells you that health insurance will not pay the expenses, they do not know what they are talking about.  

If you don’t have traditional health insurance, Medicare, Medicaid or Healthy Indiana Plan (HIP) will pay your medical expenses. Again, these programs will pay for accident-related medical care, as long as there is no medical payments coverage or the medical payments coverage is used up.  

I know what you're saying to yourself, why should my insurance company have to pay for my medical expenses when I wasn’t at fault for the accident. The answer is because that is the way it works. The other driver’s insurance company is not required to pay your medical expenses when you receive the treatment. In the end, if you receive compensation for your accident, medical expenses will be part of the compensation and your lawyer will negotiate repayment to your insurance company.  

Another reason why folks involved in accidents fight against submitting their medical expenses to their insurance is they are concerned that their insurance will go up. This is another old wife’s tale. Your insurance premiums will not go up if you were not at fault for the accident.  

Negotiating with Insurance Companies

Insurance companies make money by collecting premiums but are very stingy in paying out claims to people who are injured in car accidents. Increasingly, insurance companies try to deny or delay claims that are made by injured folks. The more roadblocks the insurance company puts up, the higher the percentage of accident victims will give up and take whatever the insurance company offers to settle the claim.  

Additionally, some insurance companies have also been known to make insultingly low offers and manipulate the statements that well-intending injury victims give them. If the insurance company can make it appear as though you admitted that the accident was your fault, then they can try to deny the claim and hopefully the injured person will walk away without compensation.  

At Guy DiMartino Law, we can stop the stress of dealing with insurance companies—whether it's your own insurance or the other driver’s insurance company. We will listen to your side of the story and fight your battle with the insurance company to get you a fair settlement for your injuries. 

However, you must remember that obtaining an insurance settlement may not adequately cover the total extent of your damages. The insurance company is only required to pay money up to the limits of the insurance policy. If there is $25,000 in policy limits, that is all the insurance company is obligated to pay, even though the value of your case is much more. You may need to seek recovery of your remaining damages through a civil car accident lawsuit in Valparaiso, Porter County. 

Protecting Your Rights After a Valpo Collision

The minutes and days after a Valparaiso accident are critical, and we have seen many clients sabotage their ability to receive fair and just compensation by making common mistakes. After your accident, remember the following: 

Keep your mouth shut about responsibility for the crash. Sometimes when the adrenaline is running, people will take responsibility for the crash when they may not know what really caused the accident. There is no reason to make such statements. Sometimes even saying “I’m sorry” can be used against you by a savvy lawyer.  

Find witnesses to the collision, if possible. A disinterested person makes a compelling witness for the crash. Be sure to get these folks names, phone numbers, and email addresses. If you remember, ask the witness what they saw.  

If you are physically able, take pictures and videos of the scene. In Valparaiso the scene can change throughout the season. Take pictures of the damage to the vehicles, where the vehicles ended up, and any skid marks.  You might need to move your vehicle out of the way after an accident but try to get at least one photo of where the car ended up. 

As soon as possible, call your insurance company and report the accident. Read your policy to see how much time you have. It is better not to delay. 

Don’t sign anything sent to you by an insurance agent without first running it by a lawyer. 

Don’t accept a settlement from an insurer without first talking to a lawyer. You do not know how much your injuries are worth, and insurance companies are not typically generous. You may be able to secure more money if you hold out.  

What If You Are Partially to Blame for your Valpo Accident?

Often, collisions have more than one cause, and sometimes you contribute to your accident by not paying attention. For example, you may have been distracted because you were eating lunch. Fortunately, Indiana law does not prevent negligent victims from suing for their injuries if the other driver is more responsible for the accident than you are. If you are 50% or less at fault for the crash, you will be able to receive compensation for your injuries. However, if you are found 51% at fault for the accident, then you will not be entitled to receive money for your injuries.  

In these cases, the amount of compensation you can take home will be reduced by your percentage of fault. For example, your injuries might be worth $100,000, but you are 40% at fault for the accident. In this situation, you can only receive $60,000.  

Common Car Accident Injuries to Sue for in Valparaiso

It is more common than you might think for a Valparaiso car accident victim to question whether they should even call an attorney for help. Many folks are concerned that their injuries may not be considered severe enough to warrant legal action.  

However, it is important to remember that the right to compensation is not dependent on the type of injury that you suffered with. Rather, the extent that the quality of enjoyment of your life that you lost will be the measure of your damages. With this being said, there are different types of injuries that a Valpo accident may experience. These include: 

  • Whiplash  

  • Back injuries  

  • Neck Injuries  

  • Herniated Discs  

  • Broken Bones  

  • Internal Bleeding  

  • Traumatic Brain Injuries (TBI) 

  • Shoulder Injuries  

  • Carpal Tunnel Syndrome 

  • Headaches  

  • TMJ - Temporomandibular Joint Injuries  

  • Spinal Cord Injuries  

  • Loss of Limb  

  • Paralysis  

These are only a few of the different types of injuries you could endure in a Valpo car accident. If you have suffered another type of injury not listed above, are available to further discuss your injury and avenues for compensation.  

The Statute of Limitations for Valpo Car Accidents  

A big mistake that car accident victims make in Valparaiso is failing to contact a lawyer before the statute of limitations expires. In a typical Valpo car accident case, the statute of limitations is two years. However, if the vehicle involved in the accident is owned by a city, town, village, or any other municipality, then you have notice requirements that must be fulfilled within 6 months of the accident. Also, if a State of Indiana vehicle is involved there are specific notice requirements that must be met within 9 months of the accident. If you attempt to file your lawsuit after the statute of limitations deadline has passed or without providing the specific notices required, the judge will have no other choice but to dismiss your case. You can avoid the statute of limitations becoming a problem in your case by contacting an attorney as soon as possible after the accident.