The prosecutor’s job is to convict the driver. Ours is to recover what the crash cost you. The criminal case produces evidence we use: the blood or breath alcohol result, the field sobriety tests, the body-camera footage, and any guilty plea or conviction, which can establish the driver’s fault in the civil case. A sentencing court may also order restitution for some of your out-of-pocket losses. But the criminal case does not decide your claim. A driver can be acquitted or plead to a lesser charge and still be found liable, and the civil claim covers categories, including pain and suffering, future care, and lost earning capacity, that restitution never reaches. We monitor the criminal case and obtain its record, and we move the civil claim forward on its own timetable.
Indiana allows punitive damages, meant to punish and deter rather than compensate, against a defendant whose conduct was willful, wanton, or showed a conscious disregard for the safety of others. Driving drunk is a textbook example. The standard is higher than for ordinary damages: the conduct must be proved by clear and convincing evidence. Indiana caps punitive damages by statute at a multiple of the compensatory award or a fixed floor, whichever is greater, and the statute directs that most of any punitive award be paid to a state fund for crime victims, with the remainder going to the plaintiff. Even so, the availability of punitive damages changes how an insurer values the case, because an insurer that refuses a reasonable settlement risks a verdict its policy may not fully cover.
The driver is often not the only responsible party. Under Indiana’s Dram Shop Act (Ind. Code § 7.1-5-10-15.5), a bar, restaurant, liquor store, or social host that furnished alcohol can be liable for the harm the drinker caused if two things are proved: the person furnishing the alcohol had actual knowledge that the person served was visibly intoxicated at the time, and the intoxication was a proximate cause of the injury. Actual knowledge is a demanding standard, and the bar will say nobody noticed anything. It is proved through circumstantial evidence: how many drinks were served over how long, the driver’s blood alcohol level and what it implies about his condition when he was served, the bartender’s and other patrons’ accounts, and surveillance video from inside the bar.
A dram shop case lives or dies on evidence that disappears within days. Bar receipts and point-of-sale records show what was served and when. Surveillance video inside the bar and in the parking lot shows the driver’s condition. Witnesses who were there that night scatter. We send preservation demands to the establishment immediately and interview witnesses while memories are fresh. On the insurance side, drunk drivers are disproportionately uninsured or carry minimum limits. When that happens, your own uninsured and underinsured motorist coverage applies, as may coverage from other vehicles in your household, and the bar’s liability policy adds another source of recovery. When the case resolves, you get the check and we handle the bills, auditing each lien and negotiating it down. You won’t owe us a fee unless we recover.
In Indiana, most personal injury claims must be filed within two years of the date of injury (Ind. Code § 34-11-2-4). Claims against a city, county, or state agency require a formal tort claim notice much sooner, in some cases within 180 days. Waiting costs leverage, and in some cases it costs the claim entirely.
We represent injured people everywhere in Indiana. Most of an injury case happens by phone, email, and video, so you do not need to live near one of our offices to work with us.
Injury cases are handled on a contingency fee: no retainer, no hourly bill, and no attorney fee unless we recover money for you. The percentage is set in a written agreement before we start and depends on the stage at which the case resolves. How contingency fees work, in plain English.
A decorated U.S. Army veteran who set his sights on the law at age eight, James has represented hundreds of injured clients with a modern, client-first style and a refusal to let insurance companies run out the clock.
No. The civil claim proceeds on its own, and the two-year deadline runs regardless of the criminal docket. We use what the criminal case produces as it becomes available.
Yes, if the bar had actual knowledge that the driver was visibly intoxicated when it served him and that intoxication caused the crash. That evidence disappears quickly, so call as soon as possible.
Often, yes. Your own uninsured motorist coverage applies, coverage from other household vehicles may apply, and a bar or host that overserved the driver may be liable as well.
Rarely. Restitution is limited to certain out-of-pocket costs and depends on the driver’s ability to pay. The civil claim covers the full range of your losses, including pain and suffering and future care.
Five minutes on the phone and you will know where you stand. You will not owe us a fee unless we recover money for you, and the bills get handled before the check does.