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Indiana Personal Injury
If you are injured as a result of an accident that occurs in Indiana and is caused by the fault of another, you may be able to recover damages. The purpose of the recovery is to reimburse for losses and damages, such as past and future medical bills, past and future income, and pain and suffering.
Types of Personal Injury Cases in Indiana
The field of personal injury refers to mental, emotional, and physical injuries or harm that happen to someone's health or body, as a result of negligence of another. Personal injuries can range in severity along a continuum. At the mild extreme of that continuum, a party can suffer an injury such as a sprain or contusion. At the debilitating, severe, and extreme end of the spectrum, a party can suffer a disfigurement, paralysis, or even, tragically, death. It is important to note that personal injury law does not afford any recovery for damage that occurs to real or personal property, such as a house or car.
Personal injuries can happen in any number of manners. Quite often, personal injuries may be triggered by the following causal factors, among other potential causes:
- automobile accidents
- aviation accidents
- construction and industrial accidents
- dangerous or defective products
- dangerous premises
- gun accidents
- dram shop liability
- farm injuries
- asbestos-related injuries
- motorcycle accidents
- nursing home negligence
- elevator and escalator injuries
- recreational and sporting accidents
- swimming and diving accidents
- trucking accidents
How Is Fault Determined in Indiana Personal Injury Cases?
In order to recover money in a personal injury case, a plaintiff in Indiana must establish the defendant was negligent in conduct and actions. More specifically, a successful and prevailing plaintiff must prove the following legal elements:
- Duty. The party who caused injury or harm (defendant) had a legal duty or responsibility not to harm or injure the plaintiff.
- Breach. The party who had the legal duty or responsibility not to cause harm to plaintiff failed to meet that duty and, in fact, breached or violated it.
- Causation. There is a causal connection between the breach of the legal duty or responsibility on the part of defendant and ultimate harm or injury caused to the plaintiff.
- Damages. The plaintiff suffered harm or damages, often in the form of physical injuries and/or financial loss, as a result of injury caused by the defendant's breached duty owed to the plaintiff.
Indiana Has Adopted the 51 Percent Bar Rule in Negligence Law
Like 20 other states in the U.S., Indiana Court has adopted the 51 percent bar rule. Pursuant to this rule, an injured or damaged party is not able to recover if he or she is 51 percent or more at fault for his or her own injuries. However, the plaintiff can recover if he or she is 50 percent or less at fault. It is important to note that Indiana, like most states, lessens the plaintiff's ultimate recovery in accordance with the degree of fault for the accident at issue.
Whether you live in Bloomington, Evansville, Fort Wayne, Indianapolis, South Bend, or elsewhere in Indiana, a personal injury attorney can provide assistance in the areas of legal options, remedies, alternatives, and potential sources of recovery.
Find a local Indiana personal injury attorney today
An Indiana personal injury lawyer can help evaluate your situation and explain your legal options. If the Indiana personal injury attorney thinks you have a viable case, your lawyer will gather evidence related to your accident and accident-related expenses. Call now to speak with an attorney at 877-913-7222.