Personal Injury

Our dedicated and caring personal injury team at Dominiack Legal Services, LLC is committed to helping those who have suffered debilitating and painful injuries or that have lost someone they love because of the misconduct of an individual, business or government entity obtain financial compensation to rebuild their lives. While most South Bend personal injury cases are the product of negligence (i.e. unreasonably careless conduct that creates a foreseeable risk of harm), sometimes serious injuries or wrongful death are caused by extremely reckless or intentional misconduct.

South Bend personal injury attorney Julie Dominiack recognizes that when you have been injured in a car accident, construction accidents, slip and fall, trucking accident, pedestrian accident, motorcycle accident, dog bite (animal attack) or other incident, you may suffer severe emotional distress, difficult physical challenges and burdensome financial obstacles. At Dominiack Legal Services, LLC, we know that when you are struggling with the pain associated with serious injury and trying to heal it can be extremely difficult to focus on negotiating with insurance companies and complying with legal procedures. Our South Bend personal injury law firm focuses on these pragmatic considerations for our clients so that our clients can focus on their recovery.

If you suffer serious injury in a motor vehicle accident or other incident that results in personal injury, you should promptly seek medical attention if you have suffered any injuries. Many personal injury victims involved in motor vehicle accidents or other types of accidents decline medical attention because they are experiencing only minor symptoms. However, severe medical conditions like trauma to the brain may manifest only minor symptoms initially, but a delay in medical treatment may result in bleeding in the space between the skull and the brain causing permanent brain damage and even fatalities. Prompt medical attention may provide a more favorable diagnosis and prognosis and will help derail claims by the insurance company that you must not have been seriously injured because you did not seek medical treatment.

Experienced South Bend personal injury attorney Julie Dominiack handles the full range of personal injury cases including:

  • Motor vehicle collisions

  • Auto accidents

  • Motorcycle accident

  • Premises liability claims (swimming pool accidents)

  • Construction accidents

  • Tractor-trailer collisions (trucking accidents)

  • Bus accidents

  • Slip and fall accidents

  • Fires and explosions

  • Pedestrian accidents

  • Exposure to toxic chemicals

  • Bicycle accidents

  • Animal attacks (dog bites)

  • Defective product claims

  • Medical malpractice

  • SUV and 15-passenger van rollovers

  • Drunk driving accidents

  • Distracted driving accidents

Understanding The Legal Basis For A Personal Injury Claim In Indiana

The most common basis for personal injury claims in Indiana is negligence. Negligence is a legal term that essentially delineates an act or omission that does not constitute ordinary care to avoid injury to others that results in foreseeable injury or harm. When insurance companies defend claims based on serious injuries or wrongful death in South Bend in accidents like auto collisions or slip and falls, the insurance company will typically use a variety of strategies including:

Denying Fault: The insurance carrier will claim that their insured did not engage in negligent (i.e. unreasonably unsafe) conduct. This strategy may involve either denying the factual basis for the behavior alleged to have caused the accident or admitting the conduct but denying that it caused the accident.

Disputing Injuries: One common tactic used by insurance companies is to contend that a plaintiff’s injuries were not caused by the accident. The insurance carrier will often claim that the injuries were pre-existing. If a personal injury victim delays seeking medical care after an accident, the insurance company may contend that the injuries were the result of a subsequent traumatic event or worse that the injuries are fabricated.

Delaying Settlements: Insurance companies recognize that the longer it takes for a personal injury victim to recover compensation for his or her injuries the greater the financial pressure to settle the claim. Sometimes insurance companies dealing with injury victims without a South Bend personal injury attorney will stall settlements in the hope that financial desperation will force the injury victim to settle for pennies on the dollar.

Shifting Blame to the Victim: The insurance company will often look for a basis to claim that the injury victim was partially or totally responsible for the victim’s own injuries. Even if you are partially at-fault, this does not necessarily preclude recovery for your injuries. Indiana is a modified comparative fault state, which means that you may recover for your injuries as long as you are less than 51 percent at fault for your injuries. However, your damages may be reduced by your degree of fault.

While these are merely a few examples of defenses used by insurance companies to avoid paying personal injury victims, these are among the most common strategies employed in negligence cases. Personal injury claims may also be based on intentional wrongful acts that cause injury including:

  • Road rage

  • Sexual assaults and rapes

  • False imprisonment

  • Child molestation

  • Physical assaults (including those caused by negligent security)

  • Elder abuse

  • Clergy abuse

Our South Bend personal injury lawyers have successfully represented clients in a broad range of personal injury cases including those that result in serious or even catastrophic injuries, including traumatic brain injuries, spinal cord injuries and amputation injuries as well as broken bones and fractures.
Personal injury claims based on intentional acts may be the basis for imposition of punitive damages. Punitive damages are appropriate when the conduct of the defendant is particularly inappropriate and offensive. The goal of punitive damages is to provide a deterrent to such behavior in the future and to punish the wrongdoer. The amount of punitive damages awarded may exceed all other types of damages combined.

Common Injuries And Types Of Compensation In Indiana Personal Injury Cases

The injuries suffered in a severe car accident, construction accident or other serious traumatic event may range from soft tissue injuries that will heal within a matter of weeks or months to severe debilitating injuries that may cause permanent injury, disfigurement and/or physical or mental disability. Some common types of injuries include:

  • Broken bones and fractures

  • Damage to the spinal cord (paraplegia/quadriplegia)

  • Traumatic brain injuries

  • Amputation of limbs

  • Severe full thickness burns

  • Whiplash

  • Dislocations and hyperextensions of joints

  • Damage to internal organs

  • Wrongful death

Although the precise types of compensation that may be recoverable in your South Bend personal injury claim may depend on specific circumstances of your case, there is wide range of damages that may be available. The overall goal of a personal injury case is to put the victim in the position the victim would have been in if not for the negligent or intentional misconduct of the defendant. Some of the types of damages that may be available include:

  • Expenses related to hospitalization, medical care and rehabilitation

  • Wages, salary and commission that was lost

  • Pain and suffering

  • Emotional distress

  • Diminished enjoyment of life

  • Wrongful death related damages (costs of burial and funeral)

  • Future lost income or diminished earning capacity

  • Punitive damages

Contact Us

Dominiack Legal Services, LLC has helped many families obtain the financial compensation that they need to protect their quality of life even after suffering serious injuries. Our South Bend personal injury team will carefully analyze the facts and circumstances of your accident so that we identify all potential defendants and develop the strongest litigation strategy. We have developed a reputation for effective trial strategy and presentation so insurance companies understand that they risk a substantial jury verdict if they refuse to negotiate a fair settlement for our clients. If you or someone you love has suffered an injury caused by the negligent, reckless or intentional act of a third party, we invite you to contact us to schedule a free consultation with an experienced South Bend personal injury attorney. Call us today at (574) 400-3623 so that we can fight for the compensation that you deserve!

No Recovery No Fee!

Dominiack Legal Services, LLC

115 N. William Street,

South Bend, IN 46601

Phone. 574-400-3623

Fax. 877-

Email. Julie@dominiacklawgroup.com

URL. Http://dominiacklawgroup.com