Personal injuries fall under an area of law known as tort law. Under tort law, anyone injured at not fault of their own, but rather, the fault of another person or entity, is entitled to recover compensation for various types of damages. If you or someone you love has suffered losses as a result of a negligent accident, continue reading to learn some basic terms and information that will help you get started on your personal injury claim.
Statute of Limitations
An important factor to consider when facing a potential personal injury claim is time. There are set time limits on how long a personal injury victim has to make a claim against a negligent, at-fault party. The amount of time set for such cases depends on a few factors, primarily the type of injury and state laws. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more about personal injury claim timelines.
Under tort law, negligence is defined as a failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks. The burden of proving negligence in a personal injury case falls onto the plaintiff, who must show that the defendant 1) owed a legal duty of care, 2) breached that duty of care, 3) the breach directly caused the accident, and 4) the accident resulted in losses and damages.
Damages and Losses
There are various types of economic losses a victim can suffer as a result of a serious accident or injury. Common damages awarded to personal injury victims include compensatory, nominal, and punitive damages such as hospital bills, medical expenses, lost wages, loss of future earnings, physical disablement, lost ability to work, and more. See our blog, “Types of Damages Awarded for Victims of Injury” to learn more about personal injury damages.
Pain and Suffering
Also referred to as hedonic damages, pain and suffering is a legal term used in tort law that describes the cumulative non-physical injuries, or emotional and mental trauma and burdens, experienced by the victims as a result of the accident and injuries. Non-physical injuries might include fear, anxiety, grief, worry, insomnia, a loss of enjoyment for one’s life, loss of consortium, wrongful death, and more.
Personal Injury Claims
In order to recover the full and fair amount of compensation you deserve after being seriously injured in an accident that was not your fault, it is best to make a personal injury claim. In order to present an effective case, it is wise to seek out professional legal representation for help navigating and negotiating your claim. See our blog, “How to Make a Personal Injury Claim in Indiana” to learn how to get started. Or simply scroll below to skip the hassle and speak directly to seasoned Indianapolis personal injury lawyers who can help.
Indianapolis Personal Injury Lawyers
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.