Obviously, being charged with a felony is a very serious matter. Convicted felons generally face jail time of over a year. Furthermore, convicted felons face lifelong difficulties resulting from a felony conviction.
Often times, it is possible to reduce your felony charges to a misdemeanor. Other times, it is possible to plead to a felony and have the conviction subsequently reduced to a misdemeanor. The sooner you contact an Indiana criminal lawyer, the sooner your attorney can start investigating your case, advising you on the best way to proceed, and building your defense.
Common Legal Questions for Felony Crimes
With so much to do in the aftermath of a serious truck crash, it’s tempting to put off your consultation with a lawyer—but doing so could jeopardize your claim. To give your case the best chance of resulting in a fair settlement, there are steps you must take and mistakes you must avoid over the days and weeks that follow the collision. A seasoned Indiana truck accident lawyer will guide you through the claims process and help you avoid costly errors such as:
- Missing appointments with your doctor;
- Making recorded statements to the insurance company or the trucking company’s legal team;
- Publishing details about your case on social media;
- Missing critical deadlines;
- Overlooking evidence; and
- Signing a release and accepting a settlement before you know the full extent of your injuries.
To win your case, it must be shown that the defendant’s negligence caused your injuries. Depending on the cause of your crash, your attorney might use the following types of evidence to prove liability:
- Testimony from people who witnessed the collision;
- Surveillance and dashcam footage;
- Truck Driver’s Log Books;
- Bills of lading;
- Cell phone records;
Toll booth, gas, and restaurant receipts;
- Weigh station records;
- The police report; and
- Accident reconstruction expert testimony.
It is important to understand that immediately following a truck accident, the trucking company’s attorneys will be at the site as soon as possible to gather evidence, interview witnesses, and talk to the driver. The trucking company has the resources to make sure this gets done immediately after accident. By comparison, most injured parties are either in the hospital, injured, or recovering before they even think about contacting an attorney.
While you do have two years to file a lawsuit, delaying the start of your case and allowing the trucking company to have this advantage can hurt your future suit. Contact us at 1-877-77-AVNET today to secure representation and have your own attorney gathering and preserving the evidence as soon as possible.
If you were injured in a truck accident, you may be entitled to compensation for your medical bills, lost income, loss of future earning capacity, vehicle repairs, pain and suffering, mental anguish, and loss of enjoyment in life. Punitive damages may also be recoverable if the defendant’s actions constituted gross negligence or willful or wanton misconduct.
It is very likely that you will receive a phone call from the trucking company’s insurer soon after the accident. If this happens, you should decline to answer any questions and refer the caller to your lawyer.
The claims adjuster represents the trucking company’s insurance company, and therefore, may have incentive to find reasons to dispute your claim. You might be coerced into unknowingly admitting fault or making other compromising statements during a recorded conversation. Your Indiana truck accident attorney will know how to handle correspondence with the insurance company without compromising your claim.
From medical bills to property repairs to lost income, the costs incurred immediately after a truck accident can be prohibitively expensive, so you might think that you won’t be able to afford an attorney. Fortunately, Avnet Law works on a contingency fee basis, so you won’t have to worry about paying anything upfront to take advantage of its legal services. Also, you won’t owe any attorney’s fees unless you recover compensation.
The trucking company’s attorney offered me a settlement and asked me to sign a release. What should I do?
DO NOT SIGN A RELEASE until you have discussed your case with an Indiana truck accident attorney. Even if the settlement offer is enough to cover your medical expenses, vehicle repairs, and lost wages, it might not include all the compensation to which you are entitled. For example, the initial settlement offer might leave out non-economic damages such as pain and suffering and mental anguish, or compensation for lost earning capacity and future medical care. If you accept a settlement that does not cover all of your future damages, you might wind up in overwhelming debt, and if you sign a release, you will not be able to pursue further compensation.
- Burial and funeral expenses;
- Lost income including prospective net accumulations;
- Loss of household services;
- Cost of administration of the deceased’s estate;
- Pain and suffering the deceased endured;
- Loss of love and affection; and
- Loss of parental guidance.
- The cost of past and future medical bills;
- The amount of income you have lost during recovery;
- Whether your injuries have reduced your earning capacity;
- The severity and permanence of your injuries;
- Whether your injuries are preventing you from partaking in activities that you previously enjoyed; and
- Whether the defendant acted with gross negligence or wanton or willful misconduct.
Punitive damages are only available in truck accident claims that involve gross negligence or wanton or willful misconduct. For instance, you may be able to recover punitive damages if the truck driver acted purposely in causing the accident, or engaged in conscious and intentional misconduct he knew would probably result in injury. You may recover punitive damages if the truck driver was drunk at the time of accident or if he was driving over his hours and fatigued. Each case is different so contact an attorney immediately to find out if punitive damages are warranted in your case.
- Diagnostic imaging such as X-rays and CT scans;
- Pharmacy receipts;
- Invoices for medical care;
- Other medical records;
- Testimony from medical and financial experts;
- Contractor invoices for modifications to your home or vehicle to accommodate your injury;
- Your journal about how the injury has affected your life;
- Photos of your injuries; and
- Mechanic receipts.
- Any photos, witness statements, and other evidence you gathered at the scene;
- The police report;
- Any emails, texts, and other correspondence between you and the insurance company or the defendant’s legal team;
- A written description of what happened;
- The names, phone numbers, and addresses of any eyewitnesses;
- The names and insurance information of all drivers involved in the collision;
- Diagnostic imaging and other medical documents;
- Paystubs and your most recent income tax return; and
- Your auto insurance policy.
Here are a few factors that will determine whether or not your case goes to trial:
- Whether the trucking company and/or its insurance company is willing to cooperate;
- The types of damages you are pursuing;
- Whether you were partially at fault for the crash;
- The strength of your evidence; and
- The complexity of your case—for example, the number of defendants involved.
Unlike some larger law firms, Avnet Law offers personalized representation. We will answer your calls on weekends and after office hours. Having an attorney readily available to address your concerns and keep you updated on the progress of your case will greatly reduce the stress on you and your family.
While many attorneys may only accept cases that are likely to result in a settlement, Avnet Law is willing to take your case to trial if the trucking or insurance company refuses to offer a fair payout. We have the experience and knowledge to represent your interests if your case goes to court.
- The trucking company;
- The truck driver;
- The owner of the trailer;
- The freight broker;
- Any repair or maintenance shop or company that worked on the truck;
- The manufacturer of the truck;
- The truck loader; and/or
- The shipper
Determining liability after a truck crash often requires an exhaustive investigation. Avnet Law can review the police report, photos of the scene, and dashcam footage to determine the cause of the crash. If necessary, he can also file subpoenas to obtain black box data, surveillance recordings, cell phone records, and other evidence that can be used to prove fault.
The answer to this question depends on why the cargo spilled. But just as above, all the same defendants may be possible. If, for example, the truck driver was speeding through a curve and the momentum caused the cargo to fall, the driver or his or her employer may be liable. If the cargo was negligently loaded, you may have grounds for a claim against the company that loaded the cargo. If the device used to secure the cargo malfunctioned, the company that designed, manufactured, or distributed the device might be liable.
Hear from some of our past clients…
Mr. Avnet went well, over and beyond, for my situation. I would refer Mr. Avnet to my closest friends and family members. This guy truly cares about his clients.
Mr. Ary Avnet worked with our family in a very difficult and stressful time. He was always respectful, kind and worked hard at solutions for our situation. Mr. Avnet went above and beyond for our family. Always quick to respond to our concerns and fears. We most definitely recommend this fine man for your legal issues.
Ary is extremely professional and knowledgeable – I felt so much more at ease having him on my side during my case. He was quick to respond to any calls/questions I had. I would highly recommend him to anyone in need of legal assistance.