Personal Injury Laws

Kentuckiana Personal Injury Lawyers

We all want and need people in our lives that we can trust and feel comfortable with. And when we have been hurt, or someone we love has been harmed, that need could expand to include competent legal advice. At McNeely Stephenson, we work hard to meet all of these needs for our clients. If a personal injury in Indiana or Kentucky has left you reeling, let us help.

Personal injury lawsuits can develop from just about any situation. Walking, driving, biking, working, shopping, going to the doctor – accidents arise out of everyday activities like these. According to the National Safety Council, unintentional-injury deaths were estimated to total 93,200 in 2013. About 29,500 of these people died from falls, which was the leading cause of injury-related death for adults age 65 and older. Motor vehicle crashes were the number one cause of death for those ages 5 to 24 and the number two cause of death for adults aged 25 and older, as well as for toddlers under five.

When an innocent person is harmed in an accident caused by someone else, he or she is entitled to seek financial compensation.

The Indiana personal injury attorneys at McNeely Stephenson have years of experience counseling clients about a variety of personal injury claims including:

Southern Indiana Car Accident Lawyer
  • Bike Accidents
  • Car Accidents
  • Medical Malpractice
  • Motorcycle Accidents
  • Nursing Home Abuse
  • Pedestrian Injuries
  • Product Liability
  • Slip and Fall Accidents
  • Truck Accidents
  • Workplace Injuries
  • Wrongful Death.

Regardless of whether an accident injures one or 100, the best way to protect your rights is to enlist the help of skilled legal representation. McNeely Stephenson understands the urgency of personal injury cases – plaintiffs may be experiencing extreme financial hardship as a result of medical costs. That’s why we usually aim to negotiate an expedient, fair settlement for our clients; but when a defendant is uncooperative, we are fully capable of taking your case to trial.

Whether in pre-suit settlement negotiations, mediation, arbitration, or litigation, we are committed to fighting for you. Fill out our contact form, or call us today at (812) 725-8224 to speak with a personal injury lawyer who is concerned about your problems and is willing to work with you, not just for you, in finding a solution.

Determining Fault

An accident can occur for a number of reasons, but when the cause is another’s negligence or carelessness, anyone injured as a result may be able to pursue compensation. Negligence, in legal terms, means a person or entity has acted in a way that a reasonable person would believe has a probability of causing serious injury. For example, driving under the influence of alcohol presents a risk of serious injury to oneself and other drivers.

Fault is not an all-or-nothing concept in Indiana. Even if you are partly to blame for an accident, you are still eligible for compensation. Liability laws vary among the states, and Indiana follows a modified comparative negligence system with a 51 percent rule. Under this system, victims can recover if it is determined that their fault does not reach 51 percent. As long as the injured party was 50 percent or less at fault, he or she may still receive damages.

Damages are awarded based on the percentage of fault, so, for example, if it is determined that you are 30 percent at fault, your recovery will be reduced by 30 percent.

If multiple parties are found to be responsible for your accident, they will be held liable for damages proportionate to their fault. If the court finds that some of the fault was contributed by a nonparty to the lawsuit, it is possible that the allocation of fault will not add up to 100 percent.

Compensatory Damages

Damages awarded in a civil case are intended to restore the victim as much as possible physically, emotionally, mentally and financially to the state they were in prior to the accident. While financial compensation cannot bring back a livelihood or resurrect a lost loved one, it can assist with day-to-day living, re-establish some peace of mind and make defendants accountable for their actions. Damages may include:

  • Lost wages for income missed while out of work
  • Lost earning potential for decreased earning capacity in the future
  • Medical expenses for hospitalization, ongoing treatment, rehabilitation, and any expected future medical costs
  • Pain and suffering compensation for the physical and emotional pain caused by the accident
  • Destruction of property compensation for damage to the victim’s car, clothing, or other personal effects as a result of the accident.

Legal Help You Can Count On

Floyd County, Indiana Injury Lawyer

The personal injury law firm of McNeely Stephenson has been getting justice from negligent and careless people, as well as their insurance companies, for over 30 years. Our office in New Albany provides personalized assistance to many areas throughout Kentuckiana, and we work on a contingency fee basis, which means that we only get paid if we collect money for you. Court costs and case expenses will be the responsibility of the client. We have seen all manner of personal injury cases, and we know the high price that victims and their families pay when a serious personal injury occurs. Learn more about your rights and options under the law by contacting us today for a confidential consultation. Complete our online form or call us at (812) 725-8224 if you have been injured and need a voice you can trust.