Indianapolis Personal Injury Attorney

It depends on the case, but the Team at the Law Office of Hurst Limontes LLC has dealt with nearly every type of personal injury case and can certainly maximize your recovery. According to Martindale-Nolo, people who hired an attorney received awards that were $60,000.00 higher, on average, than those who proceeded to deal with insurance companies on their own. Even after deducting the average attorney’s fee of 1/3 of the recovery, those who hired an attorney typically walked away with about three times more compensation than unrepresented persons. Statistics also show that more than 91% of people who hired an attorney received a payout, while that proportion dropped to 51% for those who pursued their claims on their own. Whether it means negotiating a higher settlement with the insurance companies or helping you handle medical bills and liens, our Lawyers will make sure that you receive the most recovery.

Pre-Suit Investigation. The more information our office is able to gather during the pre-suit investigation, the better prepared we are to negotiate with the insurance company and ultimately take the case to trial. Unfortunately, many investigations are left incomplete because there is simply so much information to collect at an accident scene and we must help our clients collect evidence (like surveillance footage), obtain witness statements, & get the Police Investigation/Photos to help prove liability and damages. The insurance company is going to fight us on gaining information at every turn. Our office utilizes investigators, biomechanical and medical experts, as well as old fashioned hard work and dedication to ensure that we are more than prepared to negotiate at mediation or take the case in front of a jury.

Explaining the Process. Our Team has years of experience handling all types of personal injury cases and, most importantly, dealing with uncooperative insurance companies. We pride ourselves on assisting our clients with understanding the claims process and keeping our clients informed as to what is going on in their case. We view the role of an attorney not just as a person fighting to protect the rights of others, but also as a counselor who should guide the client through the often-painful process of dealing with the insurance industry following a tragedy.

Gathering the Facts. The discovery stage of a lawsuit allows both sides to ask questions and request documentation in order to flush out the facts and evidence that will be used to prove or disprove the case. While many lawyers simply sit back and let discovery happen, our office views discovery as a vital set of tools that will help us not only prepare for trial but also put the insurance company on its heels. Our goal is to leave no stone unturned in seeking out information that will help your case whether it is medical records, police reports, witness statements, physical evidence, or documentation used to impeach the insurance company’s witnesses while they are testifying at trial. Oftentimes we are able to seek certain information that the insurance company finds sensitive and thus apply the pressure necessary to compel the insurer to settle the case.

Pushing for Settlement During Mediation. Every personal injury case in Indiana will be subject to mediation prior to going to trial. Mediation is an opportunity for both sides to sit down and discuss the evidence that has been gathered during discovery and what each side plans to present at trial. The goal is for each side to see both the strengths and weaknesses of their respective cases, evaluate the drawbacks and benefits of going to trial, and hopefully come to a settlement agreement that is fair to each party. It is true that many cases resolve at mediation, but our goal is to show the insurance company that they will be taking a huge risk if settlement talks fail and we take the case in front of an Indiana jury.

Getting Results at Trial. We only hire trial lawyers at the Law Offices of William W. Hurst. You would be hard pressed to find another law firm in the state of Indiana that could say the same thing. When it comes to taking your case in front of a jury, we will always come into court with the facts, witnesses, evidence, and arguments that are going to give you the best chance of maximizing your recovery. If your case proceeds to trial we will be standing with you, side by side, ready to fight for your rights no matter whether the case involves a simple fender bender car accident or a multimillion-dollar traumatic brain injury. We have the tools and the talent to get you the results you deserve.

Our attorneys and staff have extensive experience handling a broad range of personal injury and wrongful death claims including:

• Car Accidents
• Trucking Accidents
• Motorcycle Accidents
• Wrongful Death
• Slip and Falls
• Worker’s Compensation Claims
• Bicycle Accidents
• Negligent Security
• Drowning Accidents
• Dog Bites
• Construction Injuries
• Traumatic Brain Injuries
• Defective Medical Devices
• Pedestrian Accidents

Besides the fact that you’ll never pay us a dime unless we’re able to recover money for you, there are plenty of reasons to choose our firm to represent you in making an injury claim. Our attorneys and staff are experienced, compassionate, and dedicated to helping our clients get the best result possible.

With over 70 years of combined experience, our attorneys know how to properly handle any situation.

We know that the most important part of job is treating our clients with respect, making sure they’re happy and informed throughout the process, and doing everything necessary to achieve successful results. Don’t just take our word for it, though. Take a look at our client reviews. 

We’ve also been recognized by other lawyers for the work we do in representing accident victims. A few of the awards we’ve received are listed below:

• Our Law Firm has been selected as one of Indiana’s best personal injury firms by Best Law Firms In America;
• Our Law Firm has been rated AV-Preeminent by Martindale-Hubbell;
• Our Partners, William W. Hurst and Alexander J. Limontes, have been selected as some of Indiana’s best personal injury lawyers by Best Lawyers in America, click here for more information;
• Our Partners, William W. Hurst and Alexander J. Limontes, have been selected as some of Indiana’s best personal injury lawyers by Super Lawyers, click here for more information; and
• Our attorneys have received several other awards from both the Indiana Trial Lawyers Association and the National Trial Lawyers Association.

Finally, you can’t argue with results. The attorneys at our office have represented thousands of Hoosiers in making claims for their injuries and William W. Hurst’s law firms have recovered hundreds of millions of dollars on behalf of those clients. Simply stated, you can’t go wrong choosing our office to represent you in your claim for personal injuries.

Compensatory damages are meant to aid victims with the financial, physical, and sometimes emotional losses they have suffered because of their injury. Common damages include:

• Medical Costs. Ambulance, emergency services, hospitalization, surgery, radiology, prescription medication, physical therapy, psychological counseling, assistive devices, and long-term care may be compensable. In cases of permanent disability, a victim may claim future medical care and treatment as well. Gathering all the information in support of these medical costs is critical to establishing what your case is worth. In addition to making sure we have all this information; our attorneys are committed to doing our best to negotiating with medical provider lienholders to ensure that you maximize your recovery to put the largest amount of money possible in your pocket at the end of the case.
• Lost wages. Work missed because of an injury, including future lost earning capacity in cases involving permanent injury. Even the smallest injuries can affect your ability to effectively do your job, and it is important that the insurance company knows that. We have decades of experience in establishing how injuries have affected a person’s ability to complete tasks at work as well as how to quantify the loss of future earnings because of the injury. If necessary, we will use wage information, medical records, and expert witness testimony to establish the lost wages you deserve as a result of your injuries.
• Pain, Suffering, and Mental Anguish. Personal injuries can inflict deep wounds that are not always visible but instead manifest themselves in chronic pain, emotional distress, and post traumatic stress as a result of a traumatic injury. Many attorneys will discount these injuries as it takes time and effort to document their effects. We here at the Law Offices of William W. Hurst are dedicated to thoroughly investigating our client’s pain, suffering, and mental anguish to make sure that these injuries and their effects are presented to the insurance company for consideration. If the case proceeds before a jury, we will make sure that you have the information and expert basis to support claims for pain and suffering.
• Loss of Services and Consortium. The impact of a traumatic injury can impact those around you including your spouse and family. While quantifying the effect that your injuries can have on your spouse and family can be difficult, our attorneys will listen to your needs and formulate the best strategy to make sure that these losses are effectively presented to the insurance company and to the jury if the case proceeds to trial.

Defendants named in personal injury lawsuits, and their insurance carriers, want to minimize or avoid paying claims and damages. If responsible parties cannot evade admitting liability, they may employ other strategies to try and discount what your claim is worth.

Passing the Buck. In the wake of a motor vehicle collision, or any incident resulting in injuries for that matter, the insurance company oftentimes will attempt to shift all or some of the blame to the victim. They may suggest the victim was violating traffic laws or driving too fast for conditions. In the event of a slip and fall the insurer may argue that the person was distracted by their cell phone or that they knew of the risk on the premises and proceeded forward anyway. In some cases, the insurer may even suggest that a victim was trying to get hurt just to make an insurance claim! The defense has good incentive to argue: if it succeeds in proving a victim is 51 percent or more at fault for their own injury, they will be barred from recovering damages in Indiana. All too often unrepresented injured victims will happily give an adjuster information that the insurer will then twist and attempt to use to bully the person making the claim into settling for pennies on the dollar. Our lawyers are highly trained to make the insurer present actual admissible evidence to support their claims of comparative fault. We will gather this information and give you an accurate assessment of your case. Most importantly, we will never let an insurance company intimidate you or allow them to make you feel like you are doing something wrong for filing a claim.

Denial of the Claim Outright. Once a claim has been made to the insurance company, whether it is your own insurer or not, the adjuster is going to begin the process of evaluating whether there are any coverage defenses it can use to avoid paying the claim. A failure to pay premiums, a failure to disclose certain information when applying for the policy (commonly referred to as a “material misrepresentation”), failing to comply with the insurance policy’s language prior to making a claim, and many others are all examples of arguments that the insurance company may make once your claim is submitted. The insurer will make these arguments and assert these coverage defenses to an unrepresented person whether the basis is valid or not. What people do not realize is that just because an insurance company says it is not obligated to pay does not mean it is true. It is in the insurer’s best interest to assert every defensive argument in the hopes that one of them will stick and you will not pursue compensation for your injuries. Our attorneys are well versed on these tactics and we will hold the insurer accountable for establishing all the elements of avoiding coverage under these defenses. We will simply not allow an insurance company to assert coverage defenses unless they have the evidence and the legal basis to back up their arguments.

Quick Low Offers. One of the insurance industry’s favorite pastimes is receiving a claim potentially worth a significant sum of money and then offering pennies on the dollar to the person making the claim before they hire a lawyer. Such settlements are often accompanied by the signing of a waiver, and it is always in a victim’s best interest to speak to a lawyer before accepting any money or signing any document from an insurance company. Remember: an insurance company will only put a number on the damage they can see and at the beginning and will never consider your pain and suffering. Only a well-versed and talented attorney can make the insurance company understand just how much an injury has affected you.

Using Experts to Discount Your Injuries. Experts hired by the defense, and the doctors who work for insurance companies, may claim that your injuries were caused prior to or after the accident, or that your injuries are not as severe as they claim. In some cases, the insurer may even hire a doctor to accuse you of malingering: meaning you are fabricating or lying about your symptoms or how bad they are. Our attorneys are all too familiar with these types of medical professionals and we will use our experience to track down information to impeach and discredit their opinions. We also have the resources to hire our own experts to combat the insurance company’s accusations about your injuries and to keep them honest when evaluating your pain and suffering.

Using Discounted Rates to Pay Less. The new and trendy way for insurance companies to get a discount on your claim is to use the negotiated rates that your health care insurer uses against you. Instead of looking at the amounts billed by the healthcare providers you see as a result of your injuries as the benchmark of what your claim is worth, auto insurers are now looking at the amounts your health insurance company paid back as the maximum amount they could ever owe. Think about it: in exchange for being a responsible person and paying for health insurance an automobile insurance company who does not pay your monthly premium gets to take advantage of your reduced contractual rates! Luckily the attorneys in our office have formulated novel strategies to fight back against these tactics at trial and to make sure that your recovery is maximized no matter what type of insurance you carry.

• How do I Hire an Indianapolis Personal Injury Lawyer?

Some people may avoid calling a lawyer when they have been injured because they are worried about the cost of representation. We offer free consultations for victims to discuss their potential case with a qualified attorney in our office. The free consultation is an opportunity for us to determine any potential claims, assess the victim’s eligibility for compensation, and advise on possible next steps. It also gives the victim an opportunity to ask any questions or bring up any concerns that they might have. If we agree to represent a personal injury client, we will often handle the case on a contingency fee basis. That means that payment will not be needed up front, and attorney’s fees and any litigation costs will be paid from the eventual settlement or verdict.

If you have been injured because of someone else’s negligence, you may be entitled to damages. We may be able to review your case and the evidence, and then negotiate a fair settlement with the insurance company. If litigation is necessary, we will use our network of qualified experts to help support the claims and damages to get the right verdict for the case. Whether a personal injury case needs to be resolved in a mediation room or a courtroom, the lawyers at The Law Office of Hurst Limontes LLC are prepared to aggressively advocate for you.

Call The Law Office of Hurst Limontes LLC at (317) 636-0808 or contact us online for a free consultation and discuss your case with one of our experienced personal injury lawyers.

• How Much Does a Personal Injury Attorney Charge? 

Most personal injury lawyers, ourselves included, charge 1/3 (33%) of the total settlement, plus reimbursement of any costs associated with handling your claim. It’s important to note that this arrangement is a contingency arrangement, which means if we’re not able to secure compensation for you, you’ll never pay us a dime. Additionally, some firms will charge you more if they have to file your case or take your case to trial. We’ve never done that and we never will. If we have to take your case to trial you’re still paying the same fee of 1/3 (33%).

• Is There a Time Limit for Filing My Claims?

The statute of limitations for personal injury claims in Indiana is two years. There are some exceptions. For instance, if the injured party is a minor they’ll have two years from the day they turn 18. Other exceptions include having to give notice to a state entity within 180 days of the accident in order to maintain an action and having to give notice within two years to a federal entity that caused injury.

• How Long Will My Case Take?

The typical length of a personal injury case is between two and three years. Some cases settle sooner, but the insurance companies will do everything they can to drag the case out, including forcing you to take your case to trial or at least to the doorsteps of the courthouse before they offer you reasonable compensation. You’ll likely be with us for a while.

• What is My Case Worth? 

The value of your case depends on several factors including the apportionment of fault, the severity of your injuries, the duration of your pain and suffering, and the insurance available. In order to properly evaluate the value of your claim an experience personal injury attorney will need to take deep dive into the facts and circumstances surrounding your case.