Do I need a lawyer after a car accident?

When people often handle it themselves

• No one was hurt, and no one feels hurt days later.
• The damage is small and fault is clear.
• Both drivers have insurance, and the insurers agree on who pays.

Even then, keep the crash report, the photos and every estimate. Some property-damage-only disputes under $10,000 go to small claims court in Indiana (Indiana Code title 33).

When people usually call a lawyer

• Someone was hurt, especially if treatment is still going on or work was missed.
• Fault is disputed. Under Indiana’s modified comparative fault rule, at 51 percent or more at fault you generally cannot recover, so the share matters a great deal.
• A government vehicle was involved. A written notice is generally due within 180 days when a city, town or county is involved, or 270 days when the state is.
• The other driver had no insurance or too little, and your own uninsured or underinsured coverage may need to be claimed.
• A truck, a motorcycle, a pedestrian or a cyclist was involved. These crashes raise their own questions; see the truck, motorcycle and walkers, cyclists and passengers guides.
• Someone died. A wrongful death action in Indiana is generally brought by the personal representative of the person who died, within two years.
• An insurer asks for a recorded statement or a signed release and you are unsure what it means.

What a lawyer does after a car accident

In general terms, a lawyer handling a crash gathers the evidence (the report, photos, witnesses, medical records), deals with the insurers, works out which policies apply, keeps track of deadlines, and, if needed, files a lawsuit. Injury lawsuits in Allen County are generally filed in the Allen Circuit or Allen Superior Court. What any one lawyer would do in your situation is a question to ask them.

The deadlines that make timing matter

Indiana law generally gives two years to file a personal injury lawsuit, and two years for damage to the car (Indiana Code 34-11-2-4). The deadline can be shorter or different in some cases, including government claims and claims for injured children. Two years sounds long, but evidence fades, witnesses move, and cameras record over themselves much sooner.

What a lawyer costs

Every attorney sets their own terms, including whether a first meeting costs anything. Some injury lawyers work on contingency, meaning the fee depends on the outcome. Indiana’s professional conduct rules require any contingency fee agreement to be written and signed by the client. It must state how the fee is figured, the percentage that applies if the matter is resolved without a trial, at trial or on appeal, which expenses are deducted, and whether expenses come out before or after the fee is calculated. It must also say which expenses you owe whether or not you recover anything (Indiana Rule of Professional Conduct 1.5).

Ask any lawyer to explain the percentage and the costs before you sign, and ask for a copy of the agreement.

Questions to ask before hiring

1. Do you handle car accident matters in Allen County, and who would work on mine?
2. Which deadline applies to my situation?
3. How is your fee figured, and which costs would I owe either way?
4. What do you need from me now?
5. How will you keep me updated?

Two ways to find one in Fort Wayne

Call the free referral line on this page to reach a participating independent attorney’s office; attorneys pay to take part, the call costs you nothing, and you decide whether to hire anyone. Or pick a firm yourself from the Fort Wayne car accident law firms directory, a free public list. Not sure where to start? Read what to do after a Fort Wayne car accident first.

Questions people ask