If the defense believes that the trial lawyer only wants to settle, they will never pay the true value of the case.
Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieveattorney profiles
The AV Preeminent Rating from Martindale Hubbell is the HIGHEST RATING and considered a significant accomplishment. It is a peer-reviewed process reflecting that other attorneys rank Mike Stephenson at the highest possible level of professional excellence.attorney profiles
Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.attorney profiles
The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.attorney profiles
Our attorneys are proven advocates and trial attorneys. They have served as lead trial counsel in more than 100 civil jury trials, and have handled litigation in 18 statesattorney profiles
McNeely Stephenson is proud to have the opportunity to fight for families across Indiana. For over 35 years our attorneys have won record-breaking victories for our clients…
Our lives today expose us to more risks than ever before. We spend twice as much time in our cars than we did 25 years ago. While workplace safety regulations have greatly expanded over the years, so, too, have the number of companies willing to skirt those regulations to enhance their profit margins. The volume of goods shipped across our highways continues to grow, increasing the risk of truck wrecks. And, in too many tragedies, such as drunk driving crashes, fatalities occur.
In the legal world, the term “personal injury” doesn’t just mean that an individual has been hurt. It means that the harm was caused by the negligence or carelessness of another. The key issue is whether or not the other party was negligent. Indiana personal injury attorneys Mike Stephenson and Brady Rife can help you sort out the facts if you or a family member has suffered some form of injury or wrongful death.
Call McNeely Stephenson at 1-317-825-5200 to schedule a free consultation. For more than 30 years we have been helping injured people across Indiana recover compensation for their medical bills, lost income, and other expenses incurred through no fault of their own. You can rely on us to be trusted advisors and proven advocates.
McNeely Stephenson attorneys take on many types of personal injury cases, demonstrating excellence in handling many types of claims. Such cases can include vehicular collisions of all kinds:
The attorneys of McNeely Stephenson can also assist you with a personal injury case that involves serious physical damage, regardless of where the injury occurred:
At McNeely Stephenson, we also handle the following types of personal injury cases:
With more than 30 years of experience working with families across Indiana, our Indianapolis personal injury lawyers have handled litigation in 18 states and served as lead trial counsel in more than 100 civil jury trials. As you look for information online, consider the results our attorneys were able to secure in each of these complex personal injury claims:
Although no amount of settlement money can ever accomplish what damage awards were designed to do in the first place – put the victim back in the position he or she was in prior to the accident—you can be assured that the attorneys at McNeely Stephenson have got your back when it comes to making you as financially whole as possible.
Lawyer Mike Stephenson is a Martindale-Hubbell AV-rated attorney, the highest possible attorney peer rating. When you call Mike, you can have complete confidence that you are talking with an attorney with more than 30 years’ experience, offering you compassionate and successful representation.
Lawyer Brady Rife has developed a diverse civil litigation practice for both plaintiffs and defendants throughout Indiana. Brady, a diligent and thorough attorney, will give you nothing less than his best, 100 percent of the time.
As you contemplate filing a personal injury lawsuit, keep in mind that there is a statute of limitations – or a deadline – for filing personal injury claims, so it is unwise to delay. If you were injured as a result of someone else’s negligence, you deserve compensation. Don’t lose the opportunity to obtain the money you need to put your life back on track and to make your family’s future financially secure. You can be assured that our Indiana personal injury lawyers, and our financial resources, will go the distance on your behalf. We offer free consultations, and there is no fee for any of our work if we don’t win your case. Call us at 1-317-825-5200, or use our online contact form.
Tractor trailers can be dangerous machinery leaving more than exhaust in their wake. Often times a trucker, trucking company, or the rig itself has a history of negligence, maintenance issues, close calls or accidents.
Other factors that can aggravate the risk posed to drivers by big rigs include:
If you are online researching the legal rights and resources available in the aftermath of a truck accident, reach out to an Indiana truck accident lawyer at McNeely Stephenson. Call our Indiana trucking wreck attorneys to talk about your questions — 1-317-825-5200.
We were defense attorneys … now we use what we learned to help our clients prove their cases. Let us share some words of wisdom with you:
Truck accident cases can be complex legal claims that require thorough investigation and demand aggressive litigation to secure the best possible outcome for the plaintiff. Attorney Mike Stephenson has more than three decades of experience and substantial financial resources to commit to your case. We build a legal team specifically to handle your case.
Call to learn more about our investigative and litigation strategies: 1-317-825-5200.
We spend an average of 18 ½ hours in our cars each week – two months out of every year! We rely on our vehicles and our roads to carry us between destinations. But sometimes something goes wrong. Click here to read more about our clients and how our investigation team was able to discover critical evidence initially overlooked by law enforcement and even other attorneys.
When considering hiring an Indianapolis vehicle accident lawyer, you should look for an attorney who will give you competent and compassionate representation with a “client first” approach. That’s exactly what you’ll get with proven advocate Attorney Mike Stephenson. His entire legal team is committed to doing whatever is necessary to achieve the best possible outcome in your case.
In Indiana alone, drunk drivers kill almost 1,000 Hoosiers each year. Indiana has a “zero tolerance” policy for drivers under the age of 21 – We Have Zero Tolerance for Drunk Drivers of any Age. Period. While many lawyers refer to these claims as “drunk driving accidents,” we know otherwise. Drunk driving crashes aren’t accidents – they are caused by someone’s dangerous decision to drive under the influence. Drunk Drivers Think Only About Themselves. We Put You First.
Traffic accidents happen every day, everywhere. They can be minor inconveniences or life-altering traumatic events. People often blame the motorcyclist or point to the inherent risk of riding a bike, but the fact is that most injured motorcyclists are hurt by the negligence of other drivers. The motorcyclist is the victim – not the person at whom to point fingers. Our thorough investigative process includes securing the right experts for your bike wreck case. Did a traffic signal malfunction? Did all safety equipment perform up to standards? What was the other driver actually doing at the time of the accident? Did the engineering of the highway contribute to the motorcycle accident?
America’s roads are jammed with vehicles of varying sizes trying to keep people and products moving. Aggravating circumstances can increase the risk posed to the average driver by big rigs. We were defense attorneys … now we use what we learned to help our clients prove their cases. Truck accident cases can be complex legal claims that require thorough investigation and demand aggressive litigation to secure the best possible outcome for the plaintiff. Indianapolis vehicle accident lawyer Mike Stephenson has more than three decades of experience and substantial financial resources to commit to your case. We build a legal team specifically to handle your case.
Indiana has more than 3,021 miles of trails and bikeways and 301 miles of rails-trails open for public use. While this is a wonderful opportunity for pedalcyclists to enjoy the outdoors and get some exercise, research statistics reveal that collisions between cars and bicycles happen most often around existing and proposed bicycle paths. The vast majority (96 percent) of collisions involving bicycles in Indianapolis occurred within one mile of bicycle paths. Bicycle accidents share many of the same causes as other accidents on the roads, including distracted drivers and drivers who are impaired by drugs or alcohol.
Indiana is known as “The Crossroads of America” . . . and for good reason. More major highways intersect in Indiana than in any other state. With a total 1,190 miles of interstates traversing it – most of them converging in Indianapolis – Indiana leads the country in interstates per square mile. CarInsuranceComparison.com ranks Indiana in the top three of the states with the safest highways, outranked by only Iowa and Minnesota. And yet, we have become accustomed to hearing news reports of accidents on Indiana interstates, some of them deadly.
As with all motor vehicle accidents, a number of things can cause or contribute to a bus accident, such as equipment that is inadequately maintained. Driver inattention is frequently cited in bus accidents, just as it is in car accidents. A number of different parties may be held liable in a bus crash, from the bus driver to the company he or she works for to the manufacturer of faulty equipment. The Indiana law firm of McNeely Stephenson has been successfully litigating accident cases since 1982.
Traveling from the base of the skull down to the tailbone, the spine is one of the most vital parts of the human body. When it is damaged — in a motor vehicle collision, a fall, or a sports-related accident — the consequences can be life-altering… and life-ending.
The spine is composed of small bones, called vertebrae, which are stacked on top of one another. They are generally thought of as being in three sections: the cervical spine, from the skull to the upper chest; the thoracic spine, from the upper chest to the middle back; and the lumbar vertebrae, from the middle to the lower back.
The vertebrae create a channel for the spinal cord, which carries messages from the brain throughout the body.
Between the vertebrae are flexible disks which act as shock absorbers and contain many nerve endings, as well as facet joints which assist in movement.
Muscles and ligaments are necessary to provide support and keep the spinal column in proper alignment. Trauma to any one of these parts of the spine can hamper natural movement, cause extreme pain and disability, and impair one’s earning ability and enjoyment of life.
The Indianapolis spine injury lawyers of the McNeely Stephenson law firm have helped many accident victims recover compensation for back injuries caused by the negligence of others. Call 1-855-206-2555 for a free consultation.
Car accidents account for nearly half of all spinal cord injuries (SCI), and this type of injury causes significant and life-long disability. Each year there are about 12,000 new cases of spinal cord injury in the U.S., and currently there are approximately 256,000 Americans living with an SCI.
Spinal cord injuries are categorized as complete or incomplete, and the degree of disability varies accordingly. Generally, the closer the injury is to the head, the more dysfunction the person will experience. When trauma occurs to the high cervical nerves (C1-C4), the following impairments are typical:
Obviously, the medical and personal care expenses following a spinal cord injury are enormous, both immediately after the accident and for the rest of the patient’s lifetime.
At McNeely Stephenson, we vigorously assert our clients’ right to sufficient compensation for both past and future expenses, relying on analysis from medical experts and life planners.
In addition to doctor and hospital charges, adequate financial compensation for a spinal injury victim also includes expenses such as:
Accidents can also cause injuries that are less severe than spinal cord injury but are still very painful and disabling. One of the most common injuries sustained in highway collisions is whiplash, caused by quick and jarring movement of the neck.
The bones of the spinal column may be fractured by a forceful impact. Spinal fractures may be treated non-surgically with a brace or may require surgical procedures and the insertion of metal screws, rods and cages. In addition to the risk of spinal fluid leaks, these surgeries are subject to the same complications as other surgical procedures, including blood clots and infection.
Sudden traumatic force may also cause injury to the material between vertebrae, or herniated disks. The pain associated with a herniated disk ranges from slight to debilitating, is usually intensified by movement, and typically occurs along the sciatic nerve, down the back of the leg. A herniated disk may also cause numbness, muscle weakness and paralysis.
At McNeely Stephenson, we represent people like you who have been injured due to another person’s negligence or careless actions. You are in the best hands possible with our Indianapolis brain injury lawyers, regardless of whether your injury results from a motor vehicle crash, a workplace accident, or a sports mishap.
A person with a traumatic brain injury has their world turned upside down in an instant. Their family can experience much of the same confusion over the medical prognosis, as well as feel overwhelmed by worries because bills are mounting and the breadwinner cannot work. Since 1982, we have stood beside accident victims in Indiana and throughout the Midwest.
Our attorneys are personal injury experts and they have the credentials to back up that claim. Attorney Mike Stephenson has litigated injury claims in 18 states and served as lead trial counsel in more than 100 civil jury trials. Mike was named an Indiana Super Lawyer from 2003 through 2013. He is a member of the Indiana State Bar Association, the American Board of Trial Advocates, the American Association for Justice, the Litigation Counsel of America (a Trial Lawyer Honorary Society), and the Association of Plaintiff Interstate Trucking Lawyers of America (APITLA).
Attorney Brady Rife brings a diversity of experience in personal injury litigation to the table. Brady has been an Indiana Super Lawyer from 2012 through the present and is a member of the Indiana State Bar Association and the Shelby County Bar Association.
Together, the attorneys of McNeely Stephenson will strive always to meet the highest standards of client care. What is your first step toward justice? Let us put our resources to work for you, because we believe justice matters.
Our Clients Know We Care: Mike and his team were kind and explained everything they did in terms I could understand. They are quick to respond and work incredibly hard for you. I was glad to have someone like him in my corner. -Nancy B.
As soon as you hire us, we go to work for you. We will visit the site of the accident with our team of investigators, who will document the physical evidence with photographs. They will also record eyewitness accounts and obtain police records and safety logs—in short, all the documentation we need to move forward with your case.
Experts of all types are crucial to winning a personal injury suit, especially one involving brain injuries. You can rest assured that we will secure the most qualified experts available to us for your case. Because traumatic brain injury claims can be complex, the proficiency of your experts is crucial in both the investigation and litigation phases of your claim. We are committed to obtaining the best possible outcome for our clients, with our experts coming from around the world if necessary.
If a settlement is the most appropriate solution, we will arrange the most suitable one possible, but we are always ready to go to trial and fight for you and your rights.
McNeely Stephenson charges clients on a contingency basis, meaning that we get paid only when you win monetary damages. Contingency basis is the fairest system for injured persons because it allows everyone to obtain justice without worrying about the cost of representation.
Please keep in mind that there is a time limit for filing your case in Indiana, so it is wise not to delay. We are here to help you. Please don’t wait to pursue the compensation you deserve for the losses you’ve suffered because of another’s negligent, reckless, or deliberate actions.
Many times, the impact of a traumatic brain injury (TBI) is obvious. The victim is left in a coma or otherwise permanently incapacitated. Other times, however, the impact is not quite as obvious, but it is, nevertheless, just as life changing. The person may suffer brain damage that causes memory loss, change in attitude, depression, headaches, change in performance at school or work, increased aggression and diminished functioning from a head injury.
Take the case of “J.C.”, a 34-year-old man working as a pipefitter in a factory. He was seriously injured when a lift malfunctioned, and he was pinned between the lift and ceiling, crushed, until a co-worker found him. J.C. suffered significant brain damage due to lack of oxygen to the brain.
This was a complex case that demanded an extensive, thorough investigation to identify what happened. Our legal team was able to determine that the lift had been improperly maintained and that the equipment had an inherently poor safety design. Several of the defendants settled for undisclosed sums prior to trial.
When TBIs occur because of another party’s negligence or recklessness, regardless of the situation, your best path can be seeking legal representation, such as with the lawyers of McNeely Stephenson.
Traumatic brain injuries can occur in the workplace, like J.C.’s did. TBIs are also commonly sustained in many other types of injury situations:
Many TBI symptoms occur quickly after injury, but sometimes it can take days or even weeks for the full extent of harm to make itself known. Remember that any head injury can be serious and deserves to be investigated.
Symptoms of a mild TBI include no loss or a short loss of consciousness, headache, nausea, vomiting, drowsiness or difficulty sleeping, and sensitivities to sound or light.
Symptoms of a moderate to severe TBI include a loss of consciousness that can last for hours, a worsening headache, nausea and vomiting that does not go away, seizures or convulsions, physical weakness or numbness, dilated eye pupil(s), severe confusion, slurred speech, difficulty waking someone up, and clear fluid trickling from the ears or nose.
The Glasgow Coma Scale (GCS) is used to determine the level of consciousness following a TBI. The scale runs from 3 to 15. Generally, a score of 3 to 8 means the person is in a coma. The higher the number, the better the prognosis generally is. GCS classifications are:
The initial diagnosis of a mild, moderate, or severe TBI does little to inform us about the residual, permanent outcome of the injury suffered. Some of the longer-term complications of TBIs can be:
Because many of these problems and diseases cannot be predicted, it is imperative that you seek medical help after a head injury. If you believe negligence was involved in your TBI, we also recommend you pursue legal representation.
Regardless of the cause, traumatic brain injury claims can be difficult cases to litigate in Indiana. The defense may challenge the diagnosis or severity of the injury. Symptoms of brain injuries often fluctuate, and it can be challenging for a jury to immediately understand the impact of the injury if they are not familiar with a plaintiff’s normal functioning before the accident.
The right lawyer will demonstrate depth of experience and skill in handling TBI personal injury cases, but they will also show compassion for your situation. Your attorney should act as your advocate, providing you with emotional support as well as winning financial compensation for you. The right lawyer is more than someone with legal expertise and resources.
If you or a loved one has suffered from a traumatic brain injury, it is crucial that you retain an attorney as soon as possible so that you can concentrate on your medical recovery while your attorney secures your financial recovery.
We want to build a team with you which is dedicated to justice. Call McNeely Stephenson today to talk with Mike or Brady about their trial experience and how it can benefit your case. If you prefer, you can use our confidential online contact form. Let us take the burden off you and your loved ones. Please don’t wait another day to move toward the compensation you deserve.
We have been blessed with the opportunity to represent numerous families struggling after the loss of a family member. Our Indiana wrongful death lawyers have been enriched by the memories shared by those left behind and inspired by the boundless love that endures beyond death.
We know that a family’s pain is compounded in wrongful death claims because the loss was unexpected and caused by someone else’s negligence. This double-whammy of intense grief and anger complicates the healing process.
Some of your first questions might be: What is a wrongful death case like? Have you helped others like me? What types of financial recovery can be secured? It is important to the memory of your lost family member and the future of the remaining family members to pursue a legal investigation to fully understand what happened. Talk to an attorney at McNeely Stephenson to learn about the process of handling a wrongful death lawsuit in Indiana.
Let’s start by defining the basics. Wrongful death means a death caused by the negligence or wrongful action of another party. Wrongful death can be the basis for a suit against those who caused the wrongful death to occur. A lawsuit can be filed on behalf of the family members who are suffering the loss of company and financial support the deceased would have provided.
Examples of a wrongful death can include cases such as the following:
Those who can be sued in a given case can vary widely. For example, in a wrongful death suit in which both a drunk driver and a roadway defect were involved, those who could be sued might include:
In Indiana, we have three legal statutes that define and set the parameters of wrongful death cases:
The statutes spell out certain conditions under which a wrongful death case can be brought and also provide legal definitions. For example, a child is an unmarried adult with no dependents who is either under the age of 20 or under the age of 23 and attending some form of education past the high school level. In Indiana, a child can also be a fetus able to live outside the mother’s body (has attained viability).
Generally, only certain family members can sue on behalf of the person who suffered the wrongful death, meaning parents or legal guardians, spouses, and children, including adopted children. Both parents must file in the case of a child’s death if they are still married. If the parents are divorced, the parent with custody files. If that parent is deceased, a personal representative will be appointed to pursue the wrongful death case.
In Indiana, technically, it is the personal representative of the deceased’s estate who files the wrongful death suit; the family members become the estate’s beneficiaries and collect with the court. They will make the decision on how to split the proceeds of the damages among them should the case be won.
You are usually not allowed to sue for emotional distress, pain and suffering, or similar non-economic damages. However, you can ask for compensation for the loss of love and companionship.
If the adult who died was unmarried with no dependents, damages are capped at $300,000. It is the only damages cap mentioned in the laws.
Punitive damages are not allowed in Indiana.
For wrongful death, the statute of limitations is two years from the date of the death. However, depending on whether the death resulted from medical malpractice, a defective product, or some other cause, the time might be calculated from the date of the act which led to the death or the date of the death itself.
Our investigative team goes to work immediately to uncover the ‘who’, ‘what’, ‘when’, ‘where’, ‘why’ and ‘how’. We are committed to bringing together the most qualified experts available (irrespective of cost) to uncover what happened. Your experts will come from around the world if necessary. Wrongful death lawsuits can be complex, and the proficiency of your experts is crucial in both the investigation and litigation phases of your claim.
Holding the responsible party accountable will not bring closure, but financial resolution can help secure the hopes and aspirations your loved one had for the family. Although it may be difficult to discuss legal and financial issues while you are grieving, you owe it to yourself and the memory of your loved one to have a capable attorney on your side as you face an uncertain future. Attorney Mike Stephenson is committed to doing whatever is necessary to achieve the best possible outcome for you and your family.
Wrongful death claims can be costly to pursue, and many law firms are not in a position to effectively reach a resolution in these cases. You can be assured that our attorneys are willing to go the distance and put our financial resources to work on behalf of your family and in the memory of your loved one. We offer free consultations and would like to discuss how we can be of service to you. Contact Mike today by calling 1-317-825-5200. Have You Helped Others Like Me?
Our attorneys bring the full weight of our 30+ years of experience and substantial financial resources to bear for each case we handle. If someone’s negligent or reckless actions have caused the death of a family member, it is your right to seek compensation. It is critical to have a knowledgeable and trustworthy legal professional representing you. Attorney Mike Stephenson has represented the survivors of wrongful death victims due to medical malpractice, vehicle accidents, workplace hazards, dangerous consumer products, and other causes of death.
A favorable personal injury settlement can accomplish a lot. It can pay for property damage, cover medical bills, and compensate for pain and suffering. In some cases, it can even be used to punish bad actors and deter future wrongdoing. Ironically, though, no amount of settlement money can ever accomplish what damage awards were designed to do in the first place – put the victim back in the position he or she was in prior to the accident. Nowhere is this more evident than in a catastrophic injury case.
Catastrophic injuries are those that cause either death, or, at a minimum, a significant and permanent deterioration of the victim’s quality of life. A spinal cord injury resulting in paralysis is a classic example. For victims and their families, these cases do not end when a settlement check is issued or the jury renders its verdict – the consequences last a lifetime.
At McNeely Stephenson, we understand that financial compensation will not undo the harm you suffered. But that does not mean your catastrophic injury claim is something to be taken lightly. The fact that you or your loved one may never fully recover from the physical injuries inflicted during the accident makes proper handling of the legal claim imperative. Your future depends on it. Contact our team of Indiana trial attorneys now to learn more about your rights.
One of the most heartbreaking things that can happen is when your child becomes injured. It’s even worse when the injury could have been prevented, if it hadn’t been for another party’s recklessness or negligence. Injuries to children feel especially upsetting to all of us because they have their whole lives ahead of them.
There is no accepted legal definition that specifies what makes a personal injury catastrophic. However, a serious injury from which a person is not expected to recover that prevents them from performing gainful work is generally considered to be catastrophic.
A lifetime of lost wages, huge medical and rehabilitation bills, the physical pain suffered during recovery, the tragedy of disfigurement, and the financial and emotional distress of family members—all of these factors can deem an injury to be catastrophic. When another party is responsible for such devastation, it is fitting that they should bear the monetary costs of the injured party’s pain and loss.
You often hear the term “freak accident” used to describe horrific incidents. This terminology is meant to characterize one-of-a-kind accidents that no one could have foreseen or prevented. The truth is that very few accidents are without some type of fault. The facts surrounding a catastrophic accident are always unique, to be sure, but the conduct involved usually fits a familiar pattern. Here are the most common categories of catastrophic injury causes:
Vehicles of all types and weights can wreak havoc when they are not driven with care or when some other form of negligence is responsible for the victim’s injuries. The accident can be one of the following types:
2016 figures indicate that almost one million workers were seriously injured on the job that year, a fairly typical annual number. Many types of catastrophic injuries can occur while you are on the job:
Severe, disabling injuries can also come about from:
After 30 years of representing accident victims in Indiana, the attorneys at McNeely Stephenson have witnessed catastrophic injuries affecting every function of the human body. The worst of these injuries are the ones that permanently impede a victim’s . . .
Limitations in any one of these areas cause irreparable harm not just to the victim, but to the wellbeing of the victim’s dependents and loved ones. The amount of compensation obtained in a catastrophic injury settlement should reflect this fact.
Catastrophic injuries and catastrophic accidents do not necessarily go hand in hand. An accident that appears terrible, such as a high-speed traffic crash, may produce relatively inconsequential injuries. Conversely, a seemingly-minor accident, like falling off a work platform only a few feet above the ground, may lead to permanent disability. This is why, when it comes to proving damages, our lawyers focus on what matters most – your injury.
We represent persons who have suffered all types of catastrophic injuries due to another party’s negligence, including:
Unfortunately, some catastrophic injuries result in death. When that occurs, a wrongful death case can be brought if another party is at fault.
The financial burdens of a catastrophic injury case can be staggering, and should not fall on your and your family’s shoulders if someone else is responsible for your pain, injuries, and disability. The typical varieties of monetary damages awarded to catastrophic injury victims include:
Amounts can vary widely, depending on the individual case. The catastrophic injury lawyers at McNeely Stephenson will take many factors into account when it comes to obtaining the compensation you deserve.
In Indiana, as in many states, personal injury cases are subject to the “comparative fault” rule, meaning that if the injured party is found to be partially at fault, monetary damages can be reduced or even eliminated.
Here’s an example: Suppose you are driving 5 mph over the speed limit when someone else abruptly moves into your lane, resulting in a crash that produces a catastrophic injury. It could be determined that you were at fault for a portion of the accident because you were speeding—let’s say the court decides you are 15 percent at fault. Under the comparative fault rule, any damages you are awarded would be reduced by 15 percent.
If you are found to be 50 percent or more at fault for the injury, under the comparative fault rule you would not be able to collect monetary damages from any other party determined to be at fault.
Some states limit the amount of monetary damages you can collect for non-economic injuries in personal injury cases. Limitations such as these are called damage caps. In Indiana, as of 2017, there are no damage caps for personal injury (tort) cases involving non-economic injuries. Non-economic injuries are situations that involve loss of function, such as the loss of a limb, blindness, mutilation, permanent disability, or reproductive or sexual harm. Non-economic injuries also include what is commonly called “pain and suffering,” which can be considerable after an amputation or catastrophic burn injury.
Economic damages in personal injury cases, generally meaning lost wages and any relevant medical expenses, are not capped in Indiana and in fact are rarely capped.
Wrongful death damage caps are a bit more complex in Indiana, and depend upon the victim’s age and marital status, and on certain details concerning the surviving parties.
In Indiana, both catastrophic injury and wrongful death cases must be filed within two years from the date of the injury, regardless of the specific cause of injury, except when a government entity is the defendant. A claim against the state must be filed within 270 days from the date of the injury, and a claim against a city or county must be filed within 180 days.
When an insurance company is notified that one of its insureds may have caused a catastrophic injury, it immediately goes to work strengthening its side of the case. As a victim, you need to do the same. The first step is to contact an experienced Indiana personal injury law firm for a consultation and case evaluation. McNeely Stephenson has offices in Indianapolis, New Albany, and Shelbyville.
We can also visit with you on the telephone, or even at the hospital or at home if necessary. Call 1-317-825-5200 or use our convenient and confidential online form to tell us about your case now.
We are exceptionally proud of our use of cutting edge technology to help tell our clients’ stories and illustrate the impact of the damage for jurors.
After a settlement, A Fortune 100 company president asked to use our MEDIATION PRESENTATION to help educate his managers on the consequences of the failure to comply with safety protocols.
This, says Attorney Mike Stephenson, was “one of OUR best gold stars ever.”
Other law firms highlight testimonials from their clients, but what do their competitors say? What opinion do their peers hold of how they perform for their clients? What do some of the top legal minds and skilled attorneys offer about the firm’s capabilities on behalf of their clients?
Mike is an enormously experienced and skilled attorney with great instincts and talent.
It was an honor to work with him.
An extremely talented and well respected attorney in the legal community, I wholeheartedly recommend Mike to anyone looking for a lawyer who knows the law and truly cares about protecting the rights of his clients and getting them the most favorable result possible.
I have found Mike to be a smart and experienced, yet humble, lawyer, litigator. I have worked with him on three cases that posed some difficulties in reaching a near maximum settlement. I believe that Mike's assistance in those cases, without a doubt, resulted in a substantially better outcome for the client.
I would recommend Mike Stephenson to anyone in need of an attorney. He is skilled, knowledgeable, dedicated and persistent. Except as limited by his professional ethics, honesty, and integrity, he is committed to doing whatever work is needed to bring any case to the best possible conclusion. I have never written a letter such as this before but because of Mike’s extraordinary service to me and my clients,I felt compelled to share my experience with others.
If you ride a motorcycle, you most likely have a favorite season. For many riders, it’s the fall. Or, perhaps your motorcycle is your main means of transport, so you ride it year-round. A greater number of people are enjoying motorcycles these days: it’s estimated that more than 8 million motorcycles are regularly cruising our highways. However, enjoying the pleasures of biking comes with a downside—motorcycle deaths in Indiana have jumped ...