The Role of Liability in a Personal Injury Lawsuit

When you’ve been injured in an accident, it can be difficult to understand the legal process and your rights. One of the most important aspects of a personal injury lawsuit is establishing liability for the injuries sustained. In order to successfully pursue a claim for damages, it is necessary to prove that another party was negligent or otherwise responsible for causing your harm. A qualified personal injury attorney will help evaluate who may be liable and what evidence must be presented in court to win your case. Establishing liability is critical when seeking compensation for medical bills, lost wages, pain and suffering, and other losses related to your injuries.

Continue reading to learn more about how negligence plays a role in determining liability in personal injury cases.

Call 317-881-2700 to Speak With an Injury Attorney in Indianapolis Indiana
Call 317-881-2700 to Speak With an Injury Attorney in Indianapolis Indiana

The 4 Elements of a Personal Injury Case

When someone is the victim of an accident that was caused by another’s negligence, and as a result has suffered physical injuries, they may be able to file a personal injury lawsuit. In such cases, liability must be proven for the injured party to receive compensation. Liability in a personal injury case means that one party is legally responsible for causing the accident and any resulting damages or losses. Negligence is a legal concept that applies when someone fails to use reasonable care in their actions and causes foreseeable harm to another person. Negligence can take many forms, such as drunk driving or failing to maintain a safe premises.

To prove negligence, the following 4 elements must be established:

Duty of care: The defendant had an obligation to act with reasonable care towards the plaintiff.

Breach of duty: The defendant failed to meet their duty of care.

Causation: The breach of duty caused harm to the plaintiff.

Damages: The plaintiff suffered physical, emotional, or financial damages due to the breach of duty.

If all four elements are present, then the defendant may be found liable for the plaintiff’s injuries. It is important to understand that negligence is a legal concept and can only be determined by courts or a jury in a personal injury lawsuit. If liability is established, then it may be possible to seek compensation from the negligent party and their liability insurance carrier.

Speak to an Accident Lawyer Soon

In conclusion, establishing liability for a personal injury claim requires proving negligence on behalf of another party. To do so, you must demonstrate that they had a duty of care towards you, failed to fulfill that duty of care, caused harm because of their act or failure to act reasonably, and you suffered damages due to their breach of duty. Speak with an experienced attorney about your case if you have been injured in an accident as you will need assistance navigating the legal process. 

Do I Need a Personal Injury Attorney?

If you’ve been involved in an accident that resulted in injuries, you may be wondering if you need a personal injury attorney. The answer is yes, even if it is just to talk to an attorney initially after the injury causing incident. They can guide you through the process and help you understand the legalities involved. Ultimately, having a personal injury attorney on your side can make all the difference in the outcome of your case.

Would you like to learn more about filing a personal injury claim for compensation in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a proficient personal injury lawyer in Indianapolis. We represent victims all throughout the state of Indiana, including Indiana residents injured in other states, and residents of other states injured in Indiana.

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Are Schools Liable for Playground Injuries to Children?
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How Long Does it Take to Settle an Accident Claim?

If your personal injury claim settles too quickly, does that mean you’ve settled for less compensation?

If your claim settles too slowly, will you be able to cover your out-of-pocket expenses while in recovery?

How long will it take to settle my case and receive payment?

These are common questions asked by wrongfully injured accident survivors all across the nation, and rightfully so. It is important to understand your rights as an accident victim, as well as your eligibility for pursing legal action against the at-fault party and their insurance carrier. Continue reading to learn how long personal injury claims take to reach a settlement or verdict, and what you can expect as a client of a skilled and experienced accident attorney.

Indianapolis IN Personal Injury Claim Law Firm
Indianapolis IN Personal Injury Claim Law Firm 317-881-2700

The Beginning of the Personal Injury Claims Process

There are certain strategies that work better than others when it comes to obtaining the maximum settlement or verdict for a personal injury claim. The best and most effective approach is to hire a licensed and experienced personal injury law firm to represent you in your case. From there, they will navigate each and every aspect of your claim, using their own proven strategies to recover the full and fair compensation you deserve.

In fact, hiring a reputable Indiana accident lawyer is your first step you should take as soon as you are medically stable after an accident. Even if you are not medically stable enough to contact a lawyer and discuss your claim, you can have your spouse or next of kin do it for you. Family and guardian ad litems can file personal injury claims on behalf of an injured victim in certain circumstances.

Settling Too Quickly Can Mean Less Compensation

In most cases, settling a personal injury claim too quickly can result in being shorted on the compensation the victim is rightfully owed. Although there are some cases in which settling quickly is the right option, most times, a personal injury lawyer will continue to fight the insurance company until a maximum settlement is reached. This takes time, which is just one element of a personal injury case that can extend the amount of time it takes to come to an end. With a skilled accident lawyer on your case, you will not have to worry about settling too quickly and sacrificing monies that you could have been awarded or offered.

Why Cases Sometimes Take a Long Time to Settle

Along with back and forth negotiations and stubborn insurance companies, other common reasons why personal injury cases take longer to reach a settlement include:

▷ Victim has not yet reached maximum medical improvement (MMI);
▷ The case involves a considerable amount of money;
▷ There are legal or objective issues that need resolving.

Never accept a lowball settlement from an insurance adjuster after being wrongfully injured in an accident because once the settlement is agreed to, there is no going back on it if you find you need further medical care. Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana to learn more about your rights to compensation.  We represent injured persons and the dependents in wrongful death cases throughout the state of Indiana and Indiana residents injured in other states.

You Should Also Read:

What is the Worth of My Personal Injury Claim?
Top 3 Things You Can Do to Maximize Your Accident Settlement
What is Maximum Medical Improvement in a Workers’ Compensation Case?

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