Negligence is the legal concept that most personal injury claims and lawsuits depend on. Without proof of negligence, it would be difficult to establish fault, which in turn, makes it virtually impossible to recover compensation for an injured victim’s (or family’s) damages and losses. For this reason, as a victim of a negligent accident, it is critical to retain an experienced Indiana personal injury attorney who is well-versed in the type of accident and injuries you have suffered.
When it comes to proving fault in a personal injury case, your seasoned attorney is your best chance at achieving the outcome you desire. Aside from hiring a qualified lawyer, you can also be sure to make your claim as soon as possible, before your state’s statute of limitations ends. In the meantime, continue reading to learn more about establishing fault in a personal injury case, starting with a common legal concept known as “duty of care.”
Breaching Duty of Care
Negligence can be defined in many ways, but there are two fundamental factors that make evident its basic concept; these two factors are “duty of care” and “breaching” the duty of care. Every person in the United States has a legal responsibility, or duty of care, to prevent or avoid causing harm to another person, whether intentional or accidental.
Establishing a party’s duty of care is the primary step in a personal injury case. The legal team works to prove that a particular party (person, company, etc.) had a responsibility, or duty of care, and then failed to uphold that responsibility, directly causing another person to be injured or killed. Personal injury lawyers want to demonstrate to the court that the opposing party breached their duty of care, which directly led to an innocent person incurring serious injuries and subsequent losses.
The Next Step in a Personal Injury Case
Once the two above-mentioned concepts are demonstrated and confirmed in court, the next step in a personal injury case is to prove that the injured victim (or plaintiffs) were direct victims of injury and suffered serious damages and losses as a direct result of the defendant’s negligence.
If the concepts of negligence and duty of care can be established and upheld, then a plaintiff has a greater chance of winning their case and recovering recompense for their damages and losses. Such damages and losses may include hospital bills, medical expenses, lost wages from time off work, pain and suffering, prolonged physical therapy, loss of consortium, wrongful death, and much more.
What You Need to Do
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn more about making a personal injury claim in Indiana. Our office is based out of Indianapolis, but we provide representation for victims all throughout the state of Indiana, as well as, individuals who were injured in Indiana, but live elsewhere. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to get started, today.