{"id":2230,"date":"2019-01-04T17:17:48","date_gmt":"2019-01-04T17:17:48","guid":{"rendered":"https:\/\/www.chblawfirm.com\/blog\/?p=2230"},"modified":"2019-01-04T17:17:48","modified_gmt":"2019-01-04T17:17:48","slug":"defining-duty-of-care-in-a-personal-injury-lawsuit","status":"publish","type":"post","link":"https:\/\/www.chblawfirm.com\/blog\/defining-duty-of-care-in-a-personal-injury-lawsuit\/","title":{"rendered":"Defining “Duty of Care” in a Personal Injury Lawsuit"},"content":{"rendered":"\n
\"Personal
Personal Injury Lawyers 317-881-2700<\/figcaption><\/figure><\/div>\n\n\n\n

Negligence is the legal concept that most personal\ninjury claims and lawsuits depend on. Without proof of negligence, it would be\ndifficult to establish fault, which in turn, makes it virtually impossible to\nrecover compensation for an injured victim\u2019s (or family\u2019s) damages and losses.\nFor this reason, as a victim of a negligent accident, it is critical to retain\nan experienced Indiana personal injury attorney who is well-versed in the type\nof accident and injuries you have suffered. <\/p>\n\n\n\n

When it comes to proving fault in a personal injury\ncase, your seasoned attorney is your best chance at achieving the outcome you desire.\nAside from hiring a qualified lawyer, you can also be sure to make your claim\nas soon as possible, before your state\u2019s statute of limitations ends. In the\nmeantime, continue reading to learn more about establishing fault in a personal\ninjury case, starting with a common legal concept known as \u201cduty of care.\u201d<\/p>\n\n\n\n

Breaching Duty of Care<\/h1>\n\n\n\n

Negligence can be defined in many ways, but there are\ntwo fundamental factors that make evident its basic concept; these two factors\nare \u201cduty of care\u201d and \u201cbreaching\u201d the duty of care.  Every person in the\nUnited States has a legal responsibility, or duty of care, to prevent or avoid\ncausing harm to another person, whether intentional or accidental. <\/p>\n\n\n\n

Establishing a party\u2019s duty of care is the primary\nstep in a personal injury case. The legal team works to prove that a particular\nparty (person, company, etc.) had a responsibility, or duty of care, and then\nfailed to uphold that responsibility, directly causing another person to be\ninjured or killed. Personal injury lawyers want to demonstrate to the court\nthat the opposing party breached their duty of care, which directly led to an\ninnocent person incurring serious injuries and subsequent losses. <\/p>\n\n\n\n

The Next Step in a Personal Injury Case<\/h1>\n\n\n\n

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\u2019s negligence. <\/p>\n\n\n\n

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.\u00a0 <\/p>\n\n\n\n

What You Need to Do<\/strong><\/h2>\n\n\n\n
\"Personal
Personal Injury Law Firm \n317-881-2700<\/figcaption><\/figure><\/div>\n\n\n\n

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> to learn more about making a personal injury claim in Indiana<\/a>. 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.<\/p>\n","protected":false},"excerpt":{"rendered":"

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\u2019s (or … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1517,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[53],"tags":[900,898,899,897,901],"class_list":["post-2230","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-personal-injury","tag-duty-of-care-accident-claim","tag-duty-of-care-meaning","tag-duty-of-care-negligence","tag-indiana-personal-injury-attorney","tag-personal-injury-claim-indiana"],"_links":{"self":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2230","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/comments?post=2230"}],"version-history":[{"count":1,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2230\/revisions"}],"predecessor-version":[{"id":2231,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2230\/revisions\/2231"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media\/1517"}],"wp:attachment":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media?parent=2230"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/categories?post=2230"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/tags?post=2230"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}