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Negligence Law in Indiana<\/h1>\n\n\n\n
\u201cLegal negligence\u201d occurs when a person or corporation\nowes a duty of care to another person, and fails to uphold that duty, therefore\nbecoming responsible for any subsequent injuries, damages, or losses. For\ninstance, a drunk driver who fails to stop at a red light will be held liable under\nnegligence law for the injured victim\u2019s damages and losses. See Indiana\nCode Title 34, Section 51-2-5, et seq.<\/a> for details regarding state negligence\nordinances. The insurance company for the drunk driver would pay for any\ndamages assessed against the drunk driver. <\/p>\n\n\n\n Here in Indiana, the plaintiff in a personal injury\nlawsuit (the victim), holds the burden of proving negligence. There are some\ncentral elements to a negligence case, and a personal injury victim must be\nable to prove that these elements exist:<\/p>\n\n\n\n \u2726 The\ndefendant owed the plaintiff a duty of care.<\/p>\n\n\n\n \u2726 The defendant breached their duty of care.<\/p>\n\n\n\n \u2726 If it weren\u2019t for the defendant\u2019s breach, the plaintiff would not have suffered harm.<\/p>\n\n\n\n \u2726 The defendant\u2019s breached duty of care was a responsible cause of the plaintiff\u2019s injuries.<\/p>\n\n\n\n \u2726 Any reasonable person would have been able to foresee the accident could have occurred.<\/p>\n\n\n\n \u2726 As a result of the incident, the plaintiff suffered damages and losses.<\/p>\n\n\n\n Damages and losses include both economic and\nnon-economic damages. Losses that can be defined by an actual dollar amount and\nredeemed through financial compensation are considered economic damages, such\nas hospital, medical expenses, lost wages, and anything else that was a direct\nfinancial loss to the victim or their family. Non-economic damages are awarded\nfor emotional or mental losses and tribulations, such as pain and suffering,\nmental anguish, loss\nof consortium<\/a>, permanent disabilities and more. <\/p>\n\n\n\n For cases in which a plaintiff is partially\nresponsible for their injuries, Indiana uses the contributory negligence legal\nprinciple. Contributory negligence, also known as \u201ccomparative\nfault<\/a>\u201d, is the legal concept that refers to the situation in which an\ninjured person is a contributing factor to their injuries. This is common in\nmotor vehicle accidents and slip and fall accidents. In contrast, comparative\nnegligence divides the amount of fault among each person involved in an\naccident. This concept is used in a situation where multiple parties were\nnegligent.<\/p>\n\n\n\n Here in Indiana, the law gives personal injury\nclaimants 2 years from the date of the incident to make a claim against the\nat-fault party in most situations. See our blog, \u201cIs\nit Too Late For Me to Make a Personal Injury Claim?<\/a>\u201d to learn more about\nour state\u2019s statute of limitations. Applicable time limits are\nsubstantially less, depending upon who the at-fault party is, so it is very\nimportant to call an injury attorney as soon as you have been able to obtain\nyour initial treatment for your injuries.<\/p>\n\n\n\n Call Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> to schedule a free consultation with an experienced Indianapolis personal injury attorney<\/a> 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. We represent injured persons throughout Indiana.<\/p>\n\n\n\n As a personal injury victim who has a claim, you shouldn\u2019t have to decipher through complex legalese just to be sure your rights are being protected. Although the best course of action is to consult with an attorney who focuses … Continue reading Proving Negligence<\/h1>\n\n\n\n
Personal Injury Damages <\/h1>\n\n\n\n
Contributory Negligence<\/h1>\n\n\n\n
Statutes of Limitations<\/h1>\n\n\n\n
Indianapolis Personal Injury Attorneys Who Will Fight For Your Rights<\/strong><\/h2>\n\n\n\n
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