![\"Indianapolis](\"https:\/\/www.chblawfirm.com\/blog\/wp-content\/uploads\/2016\/03\/Indianapolis-Personal-Injury-Lawyer-300x200.jpg\")
Indianapolis Accident Lawyers 317-881-2700<\/p><\/div>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. <\/p>\n
The 4 Main Elements of a Negligence Lawsuit:<\/h1>\nThe Plaintiff must prove\u2026<\/em><\/font><\/h3>\nⅠ. The defendant had a legal duty of care.<\/strong><\/p>\nAn 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. <\/p>\n
Ⅱ. The defendant breached that duty of care.<\/strong><\/p>\nContinuing 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. <\/p>\n
Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.<\/strong><\/p>\nSince 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. <\/p>\n
Ⅳ. The Plaintiff\u2019s injuries caused damages and losses.<\/strong><\/p>\nThe 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. <\/p>\n
Types of damages include:<\/h1>\n
Compensatory<\/strong> \u2013 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. <\/p>\nGeneral<\/strong> \u2013 Monetary compensation for injuries.<\/p>\nNominal<\/strong> \u2013 Awarded when negligence is proven, but losses have not yet occurred. <\/p>\nSpecial<\/strong> \u2013 Compensates for material possessions lost or damaged in the accident.<\/p>\nPunitive<\/strong> \u2013 Awarded to victim for the purpose of punishing the defendant for their negligence. <\/p>\n![\"Indianapolis](\"https:\/\/www.chblawfirm.com\/blog\/wp-content\/uploads\/2015\/07\/Accident-Lawyers-Indianapolis-Indiana-200x300.jpg\")
Indianapolis Accident Attorneys 317-881-2700<\/p><\/div>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<\/a> if you or someone you love was recently injured as a result of another person or company\u2019s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.<\/p>\nCall Craven, Hoover, and Blazek P.C.<\/a> at 317-881-2700<\/strong> to schedule a free consultation<\/strong> 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<\/strong> to get started on your financial recovery, today. <\/p>\n","protected":false},"excerpt":{"rendered":"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 … Continue reading
Ⅰ. The defendant had a legal duty of care.<\/strong><\/p>\n 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. <\/p>\n Ⅱ. The defendant breached that duty of care.<\/strong><\/p>\n 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. <\/p>\n Ⅲ. The breach of care directly caused the accident, which caused the Plaintiff injuries.<\/strong><\/p>\n 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. <\/p>\n Ⅳ. The Plaintiff\u2019s injuries caused damages and losses.<\/strong><\/p>\n 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. <\/p>\n Compensatory<\/strong> \u2013 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. <\/p>\n General<\/strong> \u2013 Monetary compensation for injuries.<\/p>\n Nominal<\/strong> \u2013 Awarded when negligence is proven, but losses have not yet occurred. <\/p>\n Special<\/strong> \u2013 Compensates for material possessions lost or damaged in the accident.<\/p>\n Punitive<\/strong> \u2013 Awarded to victim for the purpose of punishing the defendant for their negligence. <\/p>\n Indianapolis Accident Attorneys 317-881-2700<\/p><\/div>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<\/a> if you or someone you love was recently injured as a result of another person or company\u2019s negligence. They have the knowledge and resources to prove your case and win the settlement you deserve.<\/p>\n Call Craven, Hoover, and Blazek P.C.<\/a> at 317-881-2700<\/strong> to schedule a free consultation<\/strong> 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<\/strong> to get started on your financial recovery, today. <\/p>\n","protected":false},"excerpt":{"rendered":" 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 … Continue reading Types of damages include:<\/h1>\n