Indianapolis Personal Injury Attorney
Indianapolis Personal Injury Lawyer
Accidents can happen anywhere, at any time. They can be caused by negligence or carelessness on the part of another person, company, or product. When this happens, the victim may be able to file a personal injury claim to receive financial compensation for the damages caused, including medical expenses, lost earnings, pain, and suffering.
However, filing a personal injury claim can be difficult without the help of a lawyer. Personal injury lawyers from our law office will know the ins and outs of the legal process and can help you navigate it successfully. They will also negotiate with an insurance company on your behalf to get you the best possible settlement.
Injury Lawyer Team – Personal Injury Lawyers
Have you been injured in an accident, or are you the victim of medical malpractice? The personal injury attorneys at Injury Lawyer Team, sponsored by Rosenfeld Law Offices, are legal advocates representing clients injured through the negligence of others.
Contact a personal injury attorney from our law office to schedule a free consultation. All confidential or sensitive information you share with our legal team from our law office remains private through an attorney-client relationship.
What Is Personal Injury Law?
If you’ve ever been injured in an accident or event that was not your fault, you likely have had an opportunity to participate in negligent tort law.
Indiana law governs negligent tort lawsuits in civil court as a legal remedy for individuals and companies hurt by someone else’s negligence. Many personal injury cases involve different practice areas, including:
- Car accident
- Truck accident
- Motorcycle accident
- Wrongful death
- Slip and falls
- Worker’s Compensation claim
- Bicycle accident
- Negligent security
- Drowning accident
- Animal bites such as dogs
- Construction injury
- Defective medical devices
- Pedestrian accidents
Injuries can take a physical and emotional toll on victims and their families. In addition to the pain and suffering they endure, victims often have to deal with expensive medical bills and lost income.
A personal injury lawsuit can help victims get the financial compensation they need to cover these costs and move on with their lives. Contact a lawyer from our law office for assistance and use our free consultation offer.
There are a wide variety of different situations where negligent tort rules apply:
- Accidents. Negligent tort rules apply when someone acts negligently and that carelessness causes harm to another person. Examples include vehicle accidents, slip and fall incidents, and medical malpractice, among other cases.
- Intentional Acts. Negligent tort laws apply in situations where a defendant’s intentional conduct causes harm to another person. Examples of this include assault and battery and other intentional torts.
- Defective Products. When a vehicle component, consumer product, medical device, pharmaceutical, or other product is defective or unreasonably dangerous, anyone harmed by the use of the product might be able to file a product liability lawsuit against the manufacturer.
- Defamation. Negligent tort laws apply when one person’s defamatory statement causes harm to another.
What Is the Duty of Care In A Negligent Tort Case?
“Duty of care” is a legal term referring to the responsibility one person has to prevent themselves from causing harm to another person.
The driver of a car has a legal obligation to use a vehicle safely and always take adequate care when driving by considering traffic and weather conditions or visibility.
State legislatures have enacted vehicle and traffic codes that identify drivers’ legal obligations in some situations (yielding, for example) and prohibit certain driving-related conduct in other scenarios (like driving above the speed limit).
Here are some more examples of the duty of care in other kinds of injury-related cases:
- In a slip and fall case, a property or business owner has a legal obligation to keep the premises free from known hazards and must act within a reasonable time to discover and remedy other dangers as they present themselves.
- In a medical malpractice case, a doctor or other medical professional must provide treatment that aligns with the “medical standard or care,” which is often established by medical expert witnesses.
- In a defective product case, the manufacturer, distributor, and seller of a consumer product all have a legal duty to produce and sell products free of unreasonable or unexpected dangers to consumers.
Speak to a lawyer from our law office today and receive legal advice regarding your lawsuit and the rights of an insurance company.
Indiana Injury Lawsuit Statistics
Every day, people in Indiana are injured in preventable accidents. Vehicle accidents, truck accidents, slip and falls, and other types of accidents can cause severe physical trauma that leads to long-term pain and suffering.
In Indiana, there were over 9,000 injury lawsuits filed in 2015. That is a lot of people who were injured and needed legal help. The good news is that most of these people received the financial compensation they deserved.
Here are some of the most critical data on injury cases:
- In 2020, there were over 9,500 negligent tort lawsuits filed in Indiana.
- Most of these lawsuits were filed in Marion County (over 4,000 cases).
- The most common type of negligent tort lawsuit was for negligence (over 3,000 cases).
- The second most common type of personal injury lawsuit was for product liability (over 1,600 cases).
- Injury is the leading cause of death for Indiana residents under 44
- Injuries cause over 600,000 emergency room visits each year
- 719 people died in unintentional vehicle crashes in 2014
- 181 people needed immediate medical attention for a firework-related injury in 2015
- Unintentional vehicle crashes were the leading cause of injury and death for people between 1-24.
- For Indiana residents over 65, unintentional falls were the leading cause of injury or death.
- Infants under one year of age who died due to injury were most often the victims of accidental suffocation.
What Are the Steps In A Personal Injury Case?
The first step in any negligent tort case is to consult with an experienced lawyer from our law office who can evaluate your claim and help you understand your legal options.
Once you’ve decided to move forward with your case, the following steps will need to be taken:
- File a complaint with the court.
- Serve the defendant(s) with the complaint and summons (if state law requires).
- Begin gathering evidence to support your claim, including medical records, police reports, witness statements, and more.
- Depose key witnesses (this is done through written questions that must be answered under oath).
- Engage in the formal discovery process with the other side.
- Participate in pre-trial motions and conferences.
- Prepare for and attend the trial.
- Collect any damages awarded to you by the court.
An experienced lawyer from our law office can speak to you today and assist you in dealing with an insurance company.
What Are The Different Types Of Negligent Tort Damages?
If you are successful in your personal injury case, you may be awarded damages for:
- Medical Costs (including costs paid by the health insurance company): Ambulance, emergency services, hospitalization, surgery, radiology, prescription medication, physical therapy, psychological counseling, medical assistive devices, and long-term care may be claimed. With permanent disability, future medical care and treatment may be claimed.
- Lost wages: Work missed because of an injury, including future lost earning capacity in cases involving permanent injury. A minor traumatic injury can also influence your productivity as an employee and should be shown to the insurance carrier.
- Pain, Suffering, and Mental Anguish: Personal traumatic injury often lead to chronic pain, emotional distress, and posttraumatic stress resulting from a traumatic injury.
- Loss of Services and Consortium: Impact of a traumatic injury on the lives of your loved ones, including your spouse and family.
- Punitive damages (in some cases)
- Preventable death (in some cases)
These damages are typically categorized as either compensatory or punitive:
- Compensatory damages are intended to make the injured party “whole again” by reimbursing them for their losses.
- Punitive damages are meant to punish the at-fault party and deter them (and others) from engaging in similar negligent behavior.
What Are Some Common Negligent Tort Myths?
There are many misconceptions about personal injury law and the claims process. Some of the most common myths include:
- You must be injured physically to file a claim – This is not always the case. You may be able to recover damages for emotional trauma even if you haven’t suffered any traumatic physical injury.
- You have to go to court to get compensated – Most negligent tort lawsuits are resolved through settlement negotiations between the parties involved. Only a small percentage of cases go to trial.
- You have to prove that the other party was at fault – Indiana follows a doctrine known as “comparative negligence.” This means that even if you were partially at fault for the accident, you might still be able to recover damages, but your percentage of fault will reduce your award.
- You have unlimited time to file a claim – A statute of limitations is in place for most negligent tort claims, which sets a deadline for filing. If you miss this deadline, you will likely be barred from pursuing financial compensation.
- Personal injury lawsuits are always complicated and take years to resolve. While some personal injury cases are complex and can take several years to resolve, many others are relatively straightforward and can be resolved much more quickly.
If you have been injured in an accident, Talk to an experienced lawyer as soon as possible to discuss your legal options and ensure that you take the necessary steps to protect your rights. Schedule a free consultation today.
Common Injuries Involved in Personal Injury Cases
Negligence is a legal term when someone accidentally or carelessly causes harm to another person. When this happens, the injured person may be able to file a lawsuit against the party who was responsible for their traumatic injury.
Traumatic injury caused by accidents, malpractice, and defective products can range from minor to catastrophic, including:
- Traumatic brain injuries (TBI): The blunt impact to the skull in an accident can lead to permanent disabilities, cognitive impairment, and lifelong care needs. TBI is often the most severe injury in a personal injury case and can require expensive medical treatment and long-term care.
- Spinal cord injuries: A severe spinal cord injury can result in paralysis, numbness, and bladder or bowel control loss. This type of traumatic injury can require extensive medical treatment and ongoing care.
- Broken bones: Fractured bones can take weeks or even months to heal properly, resulting in significant pain and limitations on movement. In some cases, surgery may be required to repair the damage.
- Burns: Can cause pain, scarring, and long-term disability. In some cases, they may require extensive skin grafts or plastic surgery.
- Whiplash: A common neck injury that can cause pain, stiffness, and restricted movement. It often requires physical/occupational therapy to restore mobility.
- Soft tissue injuries: Sprains, strains, and tears are common soft tissue traumatic injuries that can cause significant pain and impairment. These injuries may require surgical repair or prolonged therapy.
- Eye injuries: Can be excruciating and may lead to vision loss or blindness. They often require extensive medical treatment and rehabilitation.
- Hearing loss: A common injury in vehicle accidents and can often be permanent.
- Psychological injuries: Can be just as debilitating as traumatic physical injuries and often require long-term treatment and counseling. Victims of negligent tort accidents can experience anxiety, depression, posttraumatic stress disorder (PTSD), and other mental health issues.
- Internal injuries: Organ damage is a common outcome of severe accidents and can lead to death if not treated properly.
- Dental injuries: Serious dental injuries can require extensive dental work and cause significant pain.
- Neck injuries: Neck injuries can lead to chronic pain, difficulty breathing, and other serious health complications.
- Chronic pain: Many people in vehicle accidents develop chronic pain that persists long after the initial injury has healed.
- Fatalities: Unfortunately, negligent tort accidents sometimes lead to death. When this happens, working with an experienced wrongful death lawyer is essential to ensure that the victim’s family receives the compensation they deserve.
Causes of Negligent Tort
Preventable accidents cause many personal injuries. When an accident is someone’s negligence, that person can be held liable for the trauma. This means that the injured person can file a lawsuit against the at-fault party and may be able to receive compensation for medical expenses, lost income, and pain and suffering.
Common causes of negligent injury include:
- Car accidents are the leading cause of negligent tort in the United States. They can occur for various reasons, such as driver error, distracted driving, and drunk driving.
- Slip and falls are the second leading cause of negligent tort in the United States. They can occur when someone slips on a wet surface or trips on an object in their path.
- Dog bites are a common form of negligent tort, especially for children. Dogs can bite for many reasons, such as fear or aggression.
- Physical assault is a type of negligent tort that can occur when someone is physically attacked or threatened.
- Product defects commonly cause negligent tort, especially in defective medical devices or faulty consumer products.
- Medical malpractice is a type of negligent tort that can occur when a healthcare professional makes a mistake while providing treatment.
- Chemical exposures can cause serious personal physical trauma, especially when exposed to hazardous material.
- Traffic collisions, also known as car crashes, are a leading cause of death in the United States. They can result from various factors, such as speeding and drunk driving.
- Fall accidents are a common cause of negligent tort, especially for seniors and those who are disabled.
- Workplace physical trauma is another common form of personal injury. According to the Bureau of Labor Statistics, there were approximately 2.9 million non-fatal workplace injuries in 2017 alone.
- Motorcycle accidents are one of the most dangerous events that often lead to severe traumatic injury or death. In 2016, there were 5,286 motorcycle accident fatalities in the United States.
- Pedestrian accidents often lead to serious traumatic injury or death. In 2016, there were 5,987 pedestrian fatalities in the United States.
- Bicycle accidents: In 2020, there were 818 bicyclist fatalities in the United States.
- Nursing home abuse and neglect harm nursing home residents mistreated or neglected by caregivers, staff members, families, friends, or other patients.
If you have been injured in an accident, you must speak to an injury attorney from our law office as soon as possible. An attorney can help you understand your rights, protect you from the harassment of an insurance company, and may be able to help you receive the compensation you deserve.
Who Can Be Sued In A Negligent Tort Lawsuit In Indianapolis?
For accidents caused by another person’s negligence, you can sue the person or entity responsible for your damages. Potential defendants in a case could include the driver who caused the accident, the manufacturer of a defective product, or the owner of a property where an unsafe condition caused your injury.
Some of the most common defendants in negligent tort lawsuits based on a car accident include:
- The driver of the other car involved in the accident
- The owner of the other vehicle involved in the accident
- The manufacturer of the car or part that caused the accident
- The government or agency responsible for maintaining the road or intersection where the accident occurred
- A company or individual who caused or contributed to your damages through negligence or intentional action
If you are injured in a car accident, you may also be able to sue the other driver’s insurance company. In Indianapolis, you must file a personal injury lawsuit three years from the accident date.
Potential medical malpractice defendants in a medical malpractice case where the patient suffered severe physical trauma or died could include:
- The medical professionals and healthcare providers who made the mistake
- The hospital where the errors occurred
- The manufacturer of a defective medical device used during treatment
- The company that is responsible for maintaining the equipment used during treatment
In some cases, more than one person or entity can be held responsible for your physical trauma. An experienced personal injury lawyer from our law office will investigate your case and determine who should be liable. You may be able to recover compensation from more than one defendant and their insurance company.
Essential Factors In An Indiana Personal Injury Case
Several contributing factors are crucial to the success of your case. Here are the most important ones:
- Location of the accident: The first factor to consider is the location of the accident. If the accident occurred in Indiana, you would file your lawsuit in Indiana court. If the accident happened in another state, you would file your case in that state’s court.
- Statute of limitations: Another critical factor is the statute of limitations. This is the time you have to file a lawsuit after the accident occurs. The statute of limitations for negligent tort lawsuits in Indiana is two years. If you do not file a lawsuit within two years, you may lose your right to sue.
- Type of injury: The third factor to consider is the type of injury you suffered. Some injuries are more severe than others, and some are easier to prove than others. Medical records are crucial in proving your injury. You must consult a qualified attorney to determine if your injury is covered by Indiana law.
- Amount of damage: The fourth factor to consider is the amount of damage done, such as economic and non-economic damages. Economic damages include things like medical bills and lost wages. Non-economic damages include things such as pain and suffering and emotional trauma. The damage will help determine how much money you can sue for when you pursue compensation.
Indiana Statute of Limitations: Time Restriction In Filing Negligent Tort Lawsuits In Indianapolis
If you are injured in a car accident, you may also be able to sue the other driver’s insurance company. In Indiana, the statute of limitations for negligent tort lawsuits is usually two years, meaning you have two years from the accident date to file a lawsuit.
The statute of limitations is a time limit set by law that dictates when a lawsuit must be filed. If you file a lawsuit after the statute of limitations has expired, your case will likely be dismissed.
Speak with a personal injury attorney as soon as possible after an accident before the statute of limitations expires.
The statute of limitations can vary depending on the type of case. For example, the statute of limitations for a medical malpractice lawsuit in Indiana is three years.
In some cases, a statute of repose may impose a more extended time limit on filing a lawsuit. A statute of repose differs from a statute of limitations in that it starts when the alleged wrongful act occurred rather than when the injury was discovered.
If you have been injured in an accident, speak with an Indianapolis personal injury lawyer as soon as possible. A qualified attorney at the law office of Injury Lawyer Team can help you understand your legal rights and options.
How Our Indianapolis Personal Injury Attorneys Can Help Hold Responsible Parties Accountable
- Our in-depth knowledge of state and federal laws about negligent tort compensation claims.
- We can provide legal counsel and representation to help hold defendants financially accountable for the physical trauma suffered.
- Our lawyers work with clients to build a case that provides the best chance of securing the maximum compensation possible.
- We have years of experience dealing with insurance companies on behalf of our clients and will negotiate fair settlements that consider all losses suffered.
- We have a comprehensive understanding of Indiana civil tort law to prosecute cases in court and are prepared to take on defendants in a trial if necessary.
- Our team from our law office works tirelessly to get the best possible outcome for our clients and will not back down until they have secured justice.
- Our lawyers can often obtain larger settlements than those representing themselves in court.
- Our legal representation can simplify the legal process when obtaining compensation much easier for accident victims and their families.
- Experienced personal injury lawyers from our law offices can provide guidance and support throughout the compensation process.
Victims of personal injuries should seek legal counsel from our law office as soon as possible to increase the chances of obtaining a fair settlement, compensating for medical costs and loss of income. We can ensure that an insurance company pays out the maximum compensation.
Hire An Indiana Personal Injury Attorney To Resolve Your Compensation Claim
Did someone else’s negligence lead to your personal injury, or did you lose a loved one in an accident? The personal injury attorneys at Injury Lawyer Team help accident victims obtain the financial compensation they deserve to cover medical bills, pain, and suffering, and lost work.
Contact our legal team from our law office for legal representation and schedule a free consultation today. All confidential or sensitive information you share with our law office remains private through an attorney-client relationship.
We accept all personal injury claims through a contingency fee agreement. This arrangement ensures you’ll pay no upfront fees until we resolve your case or a negotiated settlement or jury award.