Emerson Divorce and Accident Injury Attorneys, L.L.C.

At Emerson Divorce and Accident Injury Attorneys, all personal injury cases are handled on a contingency fee basis. This means you pay absolutely nothing upfront and owe us no fees unless we successfully recover compensation for you. There are no hourly rates, no retainers, and no hidden costs. Our fee is a percentage of the amount we recover, which we discuss transparently during your free initial consultation. This arrangement ensures that every injured person in Hamilton County has access to experienced legal representation regardless of their financial situation.

Under Indiana Code § 34-11-2-4, you generally have two years from the date of your injury to file a personal injury lawsuit. For wrongful death claims, the two-year clock starts from the date of death. Medical malpractice cases have their own specific filing requirements under the Indiana Medical Malpractice Act. Missing these deadlines typically means losing your right to pursue compensation entirely. We strongly recommend contacting an attorney as soon as possible after your accident — critical evidence disappears quickly, and insurance companies begin building their defense immediately.

First, call 911 and seek immediate medical attention — even if you feel fine, many injuries like whiplash and concussions have delayed symptoms. Get a police report filed at the scene. Document everything with photos of the vehicles, road conditions, and your injuries. Exchange insurance information but do not admit fault or give a recorded statement to any insurance company. Then contact a Carmel car accident attorney before speaking with the other driver's insurer. Insurance adjusters are trained to minimize your claim — having an attorney handle those communications protects your rights from day one.

Indiana is a "one-pot" equitable distribution state. Under Indiana Code § 31-15-7-4, the court presumes an equal (50/50) division of all marital property, but this presumption can be rebutted based on factors like the contribution of each spouse, the economic circumstances of each party, the conduct of the parties during the marriage, and the earnings or earning ability of each spouse. In high-asset divorces involving business interests, professional practices, or significant retirement accounts, this process becomes significantly more complex and often requires forensic accountants and business valuation experts.

While Indiana law does not require you to have an attorney for an uncontested divorce, it is still highly advisable. Even in amicable divorces, the decisions you make about child custody, child support, and property division have long-lasting consequences. An experienced family law attorney can review your agreement to ensure it is fair, legally sound, and does not leave you vulnerable to problems down the road. Many clients come to us after attempting to handle their own divorce and realizing the paperwork and court requirements are more complex than expected.

There is no single "average" car accident settlement because every case depends on the severity of your injuries, the extent of your medical treatment, your lost income, available insurance coverage, and the strength of your liability evidence. Minor soft-tissue injuries may settle for tens of thousands of dollars, while cases involving traumatic brain injuries, spinal cord damage, or wrongful death can result in six- and seven-figure recoveries. At our firm, we have recovered settlements and verdicts ranging from $130,000 for a Carmel bicycle accident to $1.5 million for a medical malpractice wrongful death case. A free consultation with our attorneys can give you a more realistic picture of what your specific case may be worth.

Indiana has a mandatory 60-day waiting period from the date the petition is filed before a divorce can be finalized. In practice, an uncontested divorce with no children and simple assets can sometimes be completed in 60 to 90 days. However, contested divorces — especially those involving custody disputes, high-value assets, or disagreements over spousal maintenance — can take six months to over a year in Hamilton County, depending on court schedules and the complexity of the issues.

Yes, Indiana follows a modified comparative fault system under Indiana Code § 34-51-2. You can recover compensation as long as you are less than 51% at fault for the accident. Your recovery is reduced by your percentage of fault — for example, if you are found 20% at fault and your damages total $100,000, you would receive $80,000. If you are 51% or more at fault, you are barred from recovering anything. Insurance companies frequently try to assign more fault to victims than warranted, which is why having an experienced personal injury attorney is critical to protecting your recovery.

The biggest difference is volume. Large Indianapolis firms sign up hundreds or even thousands of cases at a time, then delegate the actual work to junior associates and paralegals. At Emerson Divorce and Accident Injury Attorneys, we intentionally limit our caseload so that JR and Jill personally handle every case from intake through resolution. You will always know exactly who is working on your file, and you will always be able to reach your attorney directly. We also have deep roots in Hamilton County — our office is in Carmel, we know the local courts intimately, and we have spent over 45 combined years building relationships and a reputation in this community. Both JR and Jill are recognized among the Top 100 Personal Injury Attorneys in Indiana by the National Trial Lawyers Association. You get big-firm credentials with boutique-firm care and accountability.

Yes. Every potential client receives a free initial consultation with one of our attorneys — not a paralegal, not an intake specialist, but an actual licensed attorney. During this consultation, we listen to the details of your situation, explain your legal options, and provide an honest assessment of your case. For personal injury cases, there is truly no cost or risk to you at any point — we work on contingency, so you only pay if we win. For family law matters, we discuss fee structures during the consultation so there are no surprises. Call us at (317) 969-8000 or request a consultation online.