Auto Accidents Attorney in Valparaiso, Indiana

People injured in car accidents have questions regarding the law and their personal injury claim. I am a Valpo based attorney licensed in the state of Indiana who can help people like you understand their claim.


Common Causes Of Auto Accidents In Valpo, IN

Auto accidents are very common in Valparaiso Indiana due to the high population and short distance to Chicago. Common causes of auto accidents in Valpo include:

Drunk Drivers: Drunk driving is a serious risk and against the law in any Indiana city or county jurisdiction. Not only can the driver receive serious injury due to their decision to operate the vehicle under the influence but they also endanger those around them as well. Alcohol can decrease driver reaction time even in small amounts. In 2020, Porter County had 6400 car crashes and alcohol was a factor in 131 of the crashes. 

Speeding: Because Valparaiso has a number of main thoroughfares like SR 49 and US 30, people tend to think that it is like the autobahn where there are no speed limits. 

Hit and Run Accidents: in Indiana, a driver is required to stop their vehicle and swap info with another driver after an accident has taken place. Law enforcement is expected to investigate the scene and draw up a report regarding the crash while both parties are present. In most cases, the reason a driver would flee the scene results due to a suspended license, no auto insurance or they are impaired (read about Valparaiso drunk driving accidents HERE)

Distracted Driving: With the advancement of technology, our phones seem to be integrated in everything we do. This could pose a problem as we attempt to integrate them with our driving schedules. Texting while driving is a serious issue that causes drivers to become distracted and inevitably harm themselves or others on the road.  

Who Will Pay for My Medical Expenses In A Valpo Claim?

Ultimately, the at-fault driver is responsible for reasonable and necessary medical expenses. However, the injured person is responsible for his/her medical treatment during the case. This is why we strongly recommend that you purchase Medical Payments Coverage. If you do not have medical payment coverage through your auto policy, you can utilize your health insurance or a government health benefit to receive medical care. If you do not have any medical insurance, we may be able to assist you in finding a physician that will wait for the case to resolve before requiring payment.

The Doctor Wants Me to Take Some Time Off of Work, how Will I Get Paid In Indiana?

Lost income is an element of compensation that an injured party is entitled to receive from an at-fault driver at the time of settlement or jury verdict. If you have sick days at work, short term disability or long term disability; you may need to apply for these benefits.

How Do I Get Compensated for My Valpo Indiana Personal Injuries?

Your Indiana attorney will seek compensation for your injuries from the other driver’s insurance company. If the other driver is uninsured or underinsured, your attorney will be able to seek compensation from your insurance company if you purchased uninsured or underinsured motorist coverage. See Chapter 15 for a more complete description of uninsured and underinsured motorist coverage. The compensation you receive will depend on the facts of the accident, the nature and extent of your injuries and whether your injuries are permanent.

For What Sort of Losses Can I Receive Money?

Legally speaking, you can receive money for your damages in the state of Indiana.

You will have the burden of proving your damages by a preponderance of the evidence (more likely than not). The following will be considered by an insurance adjuster or jury when considering the value of the case or a damage award:

  1. Past Healthcare Expenses

  2. Future Healthcare Expenses

  3. Past Lost Wages

  4. Future Loss of Earning Capacity

  5. Pain & Suffering Damages which are intangible and consist of physical and mental pain and suffering, humiliation, disfigurement, and loss of enjoyment of life

What Are the Damages if Somebody Died in The Accident?

In a non-medical malpractice case (i.e. Automobile or premises liability) the estate’s damages are governed by the Indiana Wrongful Death Act. The Act is governed by Indiana Code 34-23. The damages available are slightly different depending on whether the decedent is married or unmarried and has children. Generally, damages include reasonable medical, hospital, funeral, burial expenses and lost wages necessitated by the wrongful act or omission that caused the adult person’s death. A surviving spouse may receive damages for loss of love, care and affection, and a surviving child may recover for loss of guidance and parental care. The damages that may be awarded to the parents of a child or single adult who has passed away are different. There are damage caps for wrongful death in Indiana.

Will I Be Able to Recover Money for My Injuries if I Was Partially at Fault for The Accident?

Maybe! Indiana is a modified comparative fault jurisdiction and the city of Valpo certainly is under that umbrella. The brief answer is that any monetary damage award will be reduced by the percentage of the injured person’s fault up to 50%. If a jury determines the injured party is more than 50% at fault, he/she is entitled to NOTHING, ZIP, ZERO. This is why it is important to seek the advice and/or hire a lawyer early in your case so facts can be developed to support your claim.

Additionally, Indiana is a contributory negligence jurisdiction in two scenarios. Under contributory negligence – the injured person has to be faultless to receive compensation for their injuries. That is right, if the injured party is determined to be 1% at fault, he/she is entitled to NOTHING, ZIP, ZERO. Contributory negligence comes into play in cases where the state, municipality, governmental agency is being sued and in medical malpractice cases.

Finally, an injured person has to know of a doctrine called Mitigation of Damages. Under this doctrine, if an injured person fails to follow their doctor’s advice the jury can reduce the verdict. The argument from the defendant will be that the client would have recovered or improved if he/she would have followed their doctor’s advice. A client who fails to follow their doctor’s advice severely jeopardizes their chance of recovery – even if they were not at fault for the accident.


The City of Valparaiso, IN

Valparaiso Indiana, often referred to as just “Valpo” is a city with a population of 33,897 people as of the 2019 census data via City Data. The median home value in Valparaiso is $207,346 (City Data Link). Valparaiso, Indiana is home to VU. Valparaiso University operates today with many different courses of study available to students as a private University. Valpo University had a law program in the past however, the program shut its doors to new law students in fall of 2018 due to a compliance issue by the ABA. 

Valparaiso Travel Conditions

Northwest Indiana is often referred to as the crossroads of America and Valpo is located in the heart of NWI. Chicago is just under 30 minutes to an hour away from most NWI locations, South Bend is 45 minutes from Valpo, and Indianapolis is only 2 hours south. 

If you are traveling cross-country on many of the larger interstate highways the chances are you may be driving through Indiana to get to your destination. This means that Valparaiso and other NWI locations possess high amounts of traffic and congestion. Auto accidents are common while traffic is heavy or the weather is bad on I-80, I-94, the Indiana Toll Road and the SR 49 bypass. 

Also, being so close to the lake can cause hazardous road conditions that make the problems worse. Intense thunderstorms can pop up anytime during the summer and freak blizzards can freeze over roads in just a matter of hours.   

I can help you navigate your Valpo Indiana claim so give me a call today or contact my team!

Guy DiMartino Law Indiana 

Michigan City, IN Office

📍 1000 Washington Street Michigan City, IN 46360

✆ (219) 600-4793


Valparaiso, IN Office

📍 332 W 806 N Valparaiso, IN 46385
✆ (219) 600-4793