Lafayette Personal Injury Attorneys
Filing a Personal Injury Claim in Tippecanoe County
If you or someone you love was harmed by the negligent, reckless, or wrongful conduct of another, you could have grounds for a personal injury claim. By filing a personal injury lawsuit, you can seek financial compensation for certain losses you have experienced related to your injuries or your loved one’s death. These include things like medical expenses, lost income, funeral costs, and pain and suffering, among others. It is important that you consult an experienced attorney, as these claims can be very complex. An attorney can handle the legal details and protect your rights while you focus on your physical and emotional healing.
At Hovde Dassow + Deets, our Lafayette personal injury lawyers have over a century of combined experience and have recovered more than $300 million in compensation for our clients. We strive to maximize each of our individual client’s recoveries, fighting for the maximum amount they are owed. As your legal team, we will provide personalized and compassionate representation, and a partner attorney will be directly involved in your case from start to finish.
When Should You File a Personal Injury Claim?
If you have been injured or lost a loved one due to the negligent, wrongful, or intentional conduct of another person or party, you could be entitled to financial compensation. As the plaintiff, or the person bringing the claim, you have the burden of proof. This means that you (along with your attorney) are the one responsible for proving your case.
To file a personal injury claim based on negligence, you will need to prove the following:
- The party against whom you are bringing the claim (the “defendant”) owed you a duty of care, meaning they had a legal responsibility to act reasonably, follow the law, and take certain precautions to avoid causing injury
- The defendant failed to uphold the duty of care, whether by acting negligently, recklessly, or wrongfully or by intentional inflicting injury
- You were injured and/or suffered measurable damages, such as medical expenses, lost wages, pain and suffering, or lost enjoyment of life due to your injuries
- The defendant’s negligent, wrongful, or intentional conduct was the direct or proximate cause of your injuries and/or damages
You will also need to prove that you were not more at fault for the incident that caused your injury than the defendant. Under Indiana’s rule of modified comparative negligence, you can only file a claim for compensation when you were 50 percent or less to blame. If you are found to be partially at fault, your total recovery will be reduced by your at-fault percentage. For example, if you are found to have been 25 percent to blame for an accident that led to your injuries, you could only recover up to 75 percent of the amount you are seeking in compensation.
How Long Do You Have to File a Personal Injury Lawsuit in Indiana?
Like other states, Indiana has what is known as a statute of limitations on personal injury cases. This means that you have a deadline by which to file your lawsuit; if you miss the deadline, you will almost certainly lose your right to sue the liable party for damages.
The statute of limitations on most personal injury cases in Indiana is two years from the date of injury. In some cases, however, when the injury is not immediately discoverable, you have two years from the date on which you discovered the injury or reasonably could have discovered the injury to file a lawsuit. This discovery rule often applies in cases involving medical malpractice and negligence.
One exception to the two-year statute of limitations is cases involving child injuries. When a child under the age of six is injured and has grounds to file a personal injury lawsuit, they (or their parents or guardians) have until their eighth birthday to sue for damages.
In any case, it is important that you act quickly if you believe you have grounds for a personal injury lawsuit. The sooner you reach out to our Lafayette personal injury attorneys, the sooner we can begin gathering evidence and building your case. In addition to the statute of limitations, there may be other deadlines (such as insurance claims filing deadlines) that could apply. We encourage you to reach out to our firm today if you were recently injured due to the negligent or wrongful conduct of another. Your initial consultation is free.
Types of Cases We Handle
At Hovde Dassow + Deets, we are well-versed in all types of personal injury cases.
Our attorneys frequently represent clients in cases involving:
- ATV accidents
- Aviation accidents
- Car accidents
- Child injuries
- Construction accidents
- Defective drugs and medical devices
- Defective products
- Drunk driving accidents
- Motorcycle accidents
- Nursing home injuries
- Premises liability
- Train accidents
- Truck accidents
- Uber and Lyft accidents
- Workplace injuries
- Wrongful death
No matter how complex or serious your situation may be, our team is here to help you meet and overcome the challenges you are facing. We take the time to get to know each and every one of our clients. We listen to their stories and create personalized legal solutions with the goal of securing the best possible outcome.
There are absolutely no upfront or out-of-pocket expenses when you hire our firm. Instead, we provide all our legal services on a contingency fee basis. This means that we only collect attorney fees if/when we recover compensation for you.
Words can not express how exceptional Rick Hovde and Kelly Faulk are in the Field of Medical Malpractice- Bob D
You can tell we're just not a client but a family that they care about.- Steve H.
The best thing about working with Hovde Dassow + Deets was Nick's professionalism & knowledge.- Sarah S.
Our family very much appreciates the services we received from Nick Deets & his staff.- Teresa S.
Very professional, honest, upfront all throughout the case.- John H.