I’ve been injured. Do I have a case?
If you have been injured, and another party is at least partially responsible, you may have a claim for damages. In most injury cases, one should usually seek counsel to determine whether the law will provide a foundation for your claim for damages. Within The Hastings Law Firm, the attorneys have a broad range of experience in personal injury law.
What if my injury was partly my fault?
Even if the injury you sustained was partly your fault, you may still have a case. Most Indiana negligence cases are governed by the law of “comparative fault.” Comparative fault provides that an injured party that is as much as 50 percent at fault can still recover a percentage of their damages. Comparative fault will be explained in more detail during your initial consultation.
What kind of compensation can I expect to receive?
Each case is different, and it is very difficult to determine how much compensation victims can or should expect. Accident victims may seek recovery of damages such as the cost for medical expenses, lost wages, pain and suffering and decreased quality of life. Because there are many factors that can affect the amount of damages received in a settlement or awarded by a jury, The Hastings Law Firm does not make any representations that a certain amount will be recovered. However, it is our goal to work diligently with and for our clients to insure they are fully compensated for their injuries and loss.
What if I was injured at work?
In Indiana, employees cannot sue their employer for negligence, but instead have the opportunity to file a Worker’s Compensation claim for injuries and damages. However, one exception is if your injury was caused by a third-party. For instance, a piece of equipment you were using at work malfunctioned, caused an injury and the malfunction occurred because the company that serviced the equipment did not follow appropriate guidelines for service causing the malfunction. There are many variations of third-party claims so it is always smart to share the circumstances with an attorney.
How soon do I need to file a lawsuit?
The statute of limitations for most injury cases in Indiana is two years. In cases against the State of Indiana, a Notice of Tort Claim must be filed within 270 days and for cases against cities, towns, schools and other governmental entities within the State of Indiana, a Notice of Tort Claim must be filed within 180 days. The best way to avoid a statute of limitations problem is to contact an attorney as soon as practically possible following your injury.
Does the Attorney I hire need to be in my city or town?
No, it is not necessary. And, in some situations, your injury may require a very specialized attorney who is not in the state. Although the majority of our cases arise from injuries that occurred in Indiana and New Mexico we have represented brain and spinal cord injury, construction and trucking accident, fire/explosion and other personal injury victims in several states and have relationships with other firms and attorneys around the country in the event your case would require an attorney in other state.
How much will it cost to hire a lawyer?
The attorneys at The Hastings Law firm are paid only on a contingency basis. This means that if our clients do not receive any financial compensation from their case, neither do we.
At The Hastings Law Firm, we encourage anyone who has been injured to contact our office. Even if it is determined there is no legal basis for a claim or lawsuit, we have many resources to direct you to for assistance.
If your circumstances support a legal claim or lawsuit, the attorneys and staff at The Hastings Law Firm will guide you through the process every step of the way.