Indianapolis Accident Lawyers 317-881-2700

When a victim sues an at-fault person in civil court for personal injuries that resulted from an accident caused by the defendant, it is considered a negligence lawsuit. In criminal court, there are wrongdoers, whereas, in civil court, there are negligent or at-fault parties. In a negligence lawsuit, the plaintiff (victim or family of victim) carries the burden of proving their case. In order to do so, they must provide evidence to prove the 4 main elements of every negligence lawsuit.

The 4 Main Elements of a Negligence Lawsuit:

The Plaintiff must prove…

Ⅰ. The defendant had a legal duty of care.

An example of having a duty of care would be a school. Teachers and administrators have a duty of care to ensure children are looked after and kept safe from danger.

Ⅱ. The defendant breached that duty of care.

Continuing the example above, if the teacher takes their class to the park, and a child falls into a pond, she is guilty of negligent supervision.

Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.

Since the child would likely have not fallen into the pond if they were being properly supervised, the teacher could be held liable for any injuries or wrongful death that resulted from the child falling into the pond while under her supervision.

Ⅳ. The Plaintiff’s injuries caused damages and losses.

The final element of every negligence case has to do with damages and losses. Victims can recover various types of damages depending on the details and circumstances of their case.

Types of damages include:

Compensatory – Compensates for actual costs incurred as a result of the accident/injuries, such as lost wages, hospital bills, and medical expenses. Compensatory damages can include both general and special damages.

General – Monetary compensation for injuries.

Nominal – Awarded when negligence is proven, but losses have not yet occurred.

Special – Compensates for material possessions lost or damaged in the accident.

Punitive – Awarded to victim for the purpose of punishing the defendant for their negligence.

Indianapolis Accident Attorneys 317-881-2700

It is the judge in the end who decides what duty of care the defendant had with the plaintiff. It is the personal injury attorneys who fight on behalf of injured victims to ensure they receive the full and fair amount of compensation for their damages and losses. Choose an experienced Indianapolis personal injury lawyer if you or someone you love was recently injured as a result of another person or company’s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! Call 317-881-2700 to get started on your financial recovery, today.

Indianapolis Accident Lawyers 317-881-2700

Under tort law, when a person is a victim of a civil wrong-doing, a court may award damages to compensate them for their injuries and losses. Assessing the amount of damages is often a difficult and complex process since so many variables influence the final determination. A court must consider the losses or injuries of a victim’s person, property, and overall quality of life. Courts take this responsibility seriously since the law intends to help victims get back to the same state of life they were in before their accident.

It requires substantial evidence on behalf of the victim to recover the full and fair amount of compensation for the total amount of damages and losses. Evidence includes medical records, police reports, expense records, witness statements, interviews, and much more. But when the process of assessing damages is over, there are certain categories of damages that may be awarded. Continue reading to learn what three types of damages are awarded to injured victims and what they each represent.

Compensatory Damages

Compensatory damages are also called “actual” damages, since they are calculated by traceable and tangible losses. Compensatory damages have two subcategories: special damages and general damages. Special damages compensate victims for quantifiable economic losses, such as lost wages, hospital bills, medical expenses, legal fees, and property damage.

Special damages can also include incidental, speculative, and future damages if substantial evidence can prove future losses like prolonged therapy or loss of earning capacity. General damages, also referred to as hedonic damages, represent non-monetary losses, like pain and suffering. Pain and suffering can represent several losses, including mental anguish, loss of consortium, physical disablement, lost ability to work, reduced quality of life, wrongful death, grief, humiliation, damaged reputation, and more.

Punitive Damages

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Courts may also award additional punishable damages in special cases of egregiously offensive conduct. These are called punitive damages, or exemplary damages, and are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives monetary compensation). Punitive damages are awarded in cases where victims suffered losses as a result of anothers extreme maliciousness, brazenness, or flagrant negligence. They are intended to set an example, as well as,
reform the wrong-doer and deter others from
similar immoral behaviors.

Aggravated Damages

Aggravated damages are not a separate category of damages, but rather an extension of general damages that fall under compensatory damages. Aggravated damages are essentially the same as punitive damages, since they are awarded for cases of egregious invidious conduct, however, they are directly compensatory in nature. Punitive damages are meant to punish, whereas aggravated damages are meant to monetarily compensate a victim for aggravated injuries sustained by a defendant’s extreme malevolent conduct.

Indianapolis Personal Injury Attorneys

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 when you need experienced Indianapolis personal injury attorneys you can trust. Seasoned accident lawyers Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to recover the full and fair compensation victims of wrongful injuries deserve. Our personal injury law firm provides free initial consultation and never collects attorney fees unless we recover a settlement for you. Get started on an effective path to restoring your life after a serious accident by calling our Indianapolis accident attorneys at
317-881-2700 to schedule an appointment today.

Craven, Hoover, & Blazek P.C.

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The Fundamentals of a Negligence Lawsuit