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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses

THERE IS NO “AVERAGE” CAR ACCIDENT SETTLEMENT

yellow folder with settlement word on it

When you’re trying to put your life back together after a serious automobile accident, you hardly know where to start. While your body fights to overcome the physical injuries you’ve sustained, your mind is trying to stay calm and clear-thinking. Naturally, one of your big concerns is getting the financial help you’re going to need. The other driver’s insurance company has already offered you a settlement.  Sounds like a lot of money, but will that be enough, given the emergency room visit, the tests, the consults, the treatments, with plenty more of those yet to come?

As longtime personal injury attorneys in Indiana, we work extensively on accidents resulting in catastrophic losses resulting from car accidents.  And when insurance simply is not enough to compensate for those losses, our firm is there to see you get the recovery you deserve.  What we’ve found over the years is this: The biggest question on clients’ minds is “How much?”  Just what IS the amount of the average car accident settlement in this state?

And while this may not be what our new clients want to hear, at the starting stages of our work together, the only honest answer is “It depends”.

There are a number of factors which impact the amount of any car accident settlement. Each of these factors must be investigated, documented, and evaluated before it can become part of the negotiations we carry on with the insurance company, or, in a very few cases, part of the evidence a jury weighs in a trial. These factors include:

  1. the type of injury you suffered (physical, mental, financial)
  2. the types of medical and/or mental treatments you have already received and perhaps will continue to need
  3. how much insurance coverage you have (and how much coverage the driver who caused the accident has)
  4. comparative fault (was any part of the cause of the accident your fault?  Were you driving over the speed limit? Was your seat belt fastened? Were you using your phone?)

It’s important to understand auto insurance law in Indiana. We are a “fault” insurance state.  What that means is that, after being hurt in an accident in which another driver was at fault, you have the right to sue.  Actually you have three choices:

  • file a claim under your own insurance policy
  • file a claim against the other driver’s insurance
  • file a lawsuit against the other driver

(In “no-fault” states, the injured person cannot sue the other driver for pain and suffering, emotional distress, or inconvenience.)

The other thing important to mention is that the damage to your automobile will be settled separately from any injury claim. The insurance company will typically pay for the cost of repairs and the cost of replacement parts.  If those costs exceed the value of the car, the insurance company might call it a “total loss” and pay you for the depreciated value of your car.

There are minimum amounts of financial responsibility for car accidents in Indiana, known as 25/50/25:*

  • $25,000 per person for death or bodily injury
  • $50,000 per accident when multiple people are killed or injured
  • $25,000 per accident for damage to other people’s property

* amounts are subject to change – check bmv website for current numbers

You’re beginning to understand why there’s no quick answer to the question “So how much can I expect to get in a settlement?”  But there’s much more to think about.  When an accident causes bodily harm, health insurance companies may also get involved. In fact, if your health insurance is through an employer, or through Medicare or Medicaid, a lien might be placed on any settlement you eventually receive by that insurer.

Even more complexity is involved because, in addition to recognizing the financial losses you’ve suffered through medical bills and lost earnings, the law considers physical pain and suffering plus mental pain and suffering (anxiety, shock, and even sexual dysfunction), if those are judged to have originated with your accident.

At Ramey & Hailey, we understand. You’ve got, and rightfully so, a big, burning question on your mind: How much – and how soon – will I get the financial help I need?  We know you don’t want to hear this, but the answer, for now, at least, is the same: “It depends!”

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