$157 THOUSAND

Personal Injury Claim

JR was offered a settlement of $35,000. The jury returned a verdict in her favor for $157,000, a net verdict over two times the amount offered by the RTB’s insurance company.

our client results

What does “personal injury” mean?
What types of injuries fall into the personal injury category?
Who is the defendant in a personal injury lawsuit?
What types of damages can I get through a personal injury lawsuit?
How much is my case worth?
How long does a personal injury lawsuit take?
Do I have to worry about a filing deadline for a personal injury lawsuit?
What will it cost to file a lawsuit?

For more than three decades, Indiana attorney Mike Stephenson has been successfully litigating personal injury cases. People seeking information about filing a personal injury lawsuit often have similar questions. We hope you will find the answers to the following frequently asked questions helpful. If you have other questions about your particular case, feel free to call McNeely Stephenson at (855) 206-2555. He and the entire firm of McNeely Stephenson are ready to put their experience to work for you.

What does “personal injury” mean?

When used in a legal context, “personal injury” has a more narrow definition than when used in ordinary conversation. It describes an injury caused by the negligence or carelessness of another person or a business. Negligence is the failure to exercise a reasonable standard of care for the safety of others. It is this requirement of negligence that limits situations which may be remedied by a personal injury lawsuit. For damages to be awarded in a personal injury lawsuit, there must be a finding of negligence.
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What types of injuries fall into the personal injury category?

Car accidents are the most common cause of personal injury. Others are slips and falls, workplace accidents, dog bites, boating accidents, motorcycle wrecks, and unsafe products. Any of these, if caused by the negligence of a person or company, could be the subject of a personal injury lawsuit.
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Who is the defendant in a personal injury lawsuit?

In a personal injury lawsuit, the defendant is the person or company whose negligence led to your being injured. This could be another driver, the driver’s employer, a retail store, a manufacturer, a neighbor or anyone else who carelessly caused your injury. The key is to determine who was negligent and how their actions or inactions harmed you.
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What types of damages can I get through a personal injury lawsuit?

Depending on the specifics of your case, you could be awarded some or all of the following:

  • Payment of past medical bills
  • Payment of future medical expenses
  • Lost wages
  • Loss of future earning capacity
  • Compensation for past pain and suffering
  • Compensation for future pain and suffering
  • Household services
  • Loss of consortium
  • Property damage.

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How much is my case worth?

People who are contemplating filing a lawsuit always wonder how much they might get if they win. Unfortunately, we can’t predict or guarantee what any personal injury plaintiff will ultimately receive, either in settlement or as the result of a trial. It can depend on many factors, such as the severity of the injuries and whether the plaintiff was partly at fault for the accident.
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How long does a personal injury lawsuit take?

Again, each case is different. Often, a defendant will make an offer to settle the case so that they don’t have to go to trial, so this shortens the time involved. You can read about some of the results we were able to achieve for personal injury clients through settlement and mediation here. Settlement is not always possible, or even desirable. Mike Stephenson of McNeely Stephenson is as skilled in the courtroom as he is in a conference room.
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Do I have to worry about a filing deadline for a personal injury lawsuit?

There is a deadline, or statute of limitations, for such claims. In Indiana, the statute of limitations for personal injury actions is codified at Section 34-11-2-4(1) of the Indiana Code. Personal injury actions in this state must be filed within two years of the injury. If you’ve been injured and are dealing with medical treatment and the changes a serious injury can have on one’s life, those two years can go by quickly. It’s important that you not delay in contacting a personal injury attorney, so that you don’t lose the opportunity to seek compensation for your injuries.
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What will it cost to file a lawsuit?

Your initial consultation with Mike Stephenson will be free. Serious accidents can have serious financial consequences, so personal injury cases are handled on a contingency fee basis. This means that we don’t get paid unless and until you receive compensation. We’ll be glad to evaluate your situation, but you’re under no obligation to pursue the matter further. Call Mike Stephenson at (855) 206-2555 or use the online contact form.
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real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

What is your next step?

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. Call today.

Contact McNeely Stephenson today using our contact form, or call 1-855-206-2555.

Updates
Personal Injury Lawyer
July 23, 2018 / Personal Injury, Vehicle Accidents
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AWARDED. CREDENTIALED. PROVEN.

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 achieve

AWARDED. CREDENTIALED. PROVEN.

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.

AWARDED. CREDENTIALED. PROVEN.

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.

AWARDED. CREDENTIALED. PROVEN.

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.

AWARDED. CREDENTIALED. PROVEN.

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 states