Indianapolis Personal Injury Lawyer
Indianapolis Personal Injury Lawyer
Accidents can occur anywhere and at any time, often resulting from negligence or carelessness by another person, company, or product. When this happens, the victim may file a personal injury claim to receive financial compensation for damages, including medical expenses, lost earnings, and pain and suffering.
Filing a personal injury claim can be challenging without legal assistance. The personal injury lawyers from our law office understand the intricacies of the legal process and can help you navigate it successfully. They will also negotiate with the insurance company on your behalf to secure the best possible settlement.
Injury Lawyer Team – Personal Injury Lawyers
Have you been injured in an accident or are a victim of medical malpractice? The personal injury attorneys at the Injury Lawyer Team are dedicated advocates for clients injured due to others’ negligence.
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
If you’ve been injured in an accident or event that wasn’t your fault, you likely have grounds for a negligent tort lawsuit under Indiana law. Negligent tort lawsuits in civil court provide a legal remedy for individuals and companies harmed by someone else’s negligence. Many personal injury cases involve various practice areas, including:
- 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:
- Accidents: Negligent tort rules apply when someone acts negligently, causing harm to another. Examples include vehicle accidents, slip and fall incidents, and medical malpractice.
- Intentional Acts: These laws also apply when a defendant’s intentional conduct causes harm, such as in assault and battery cases.
- Defective Products: If a vehicle component, consumer product, medical device, pharmaceutical, or other product is defective or dangerous, anyone harmed might file a product liability lawsuit against the manufacturer.
- Defamation: Negligent tort laws cover cases where one person’s defamatory statement harms another.
Speak to a lawyer from our law office today for legal advice about your lawsuit and the rights of an insurance company.
Indiana Injury Lawsuit Statistics
Every day, people in Indiana are injured in preventable accidents, leading to severe physical trauma and long-term pain and suffering.
In 2015, over 9,000 injury lawsuits were filed in Indiana, with most plaintiffs receiving the financial compensation they deserved. Key data include:
- In 2020, over 9,500 negligent tort lawsuits were filed in Indiana.
- Marion County saw over 4,000 cases, the most in the state.
- Negligence was the most common lawsuit type, with over 3,000 cases.
- Product liability was the second most common, with over 1,600 cases.
- Injuries are the leading cause of death for Indiana residents under 44.
- Injuries cause over 600,000 emergency room visits annually.
- In 2014, 719 people died in unintentional vehicle crashes.
- In 2015, 181 people needed immediate medical attention for firework-related injuries.
- Unintentional vehicle crashes are the leading cause of injury and death for people aged 1-24.
- For residents over 65, unintentional falls are the leading cause of injury or death.
- Accidental suffocation is the most common cause of death for infants under one year.
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 behaviour.
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:
- Physical injury is required: Not always; emotional trauma can also warrant damages.
- Court is necessary for compensation: Most lawsuits are resolved through settlements.
- Fault must be proven: Indiana’s “comparative negligence” allows for partial fault while still recovering damages, though the award may be reduced by the plaintiff’s fault percentage.
- Unlimited time to file: Statutes of limitations set deadlines for filing claims.
- Claims are always complicated and lengthy: While some are complex, many are straightforward and resolved 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 the traumatic injury.
Traumatic injury caused by accidents, malpractice, and defective products can range from minor to catastrophic, including:
- Traumatic brain injuries (TBI): Can cause permanent disabilities, cognitive impairment, and require long-term care.
- Spinal cord injuries: May lead to paralysis, loss of sensation, and require extensive treatment.
- Broken bones: Often need weeks or months to heal and can limit movement.
- Burns: Can cause pain, scarring, and may require skin grafts or plastic surgery.
- Whiplash: A common neck injury requiring physical therapy.
- Soft tissue injuries: Sprains, strains, and tears may need surgery or prolonged therapy.
- Eye injuries: May lead to vision loss or blindness.
- Hearing loss: Often permanent, common in vehicle accidents.
- Psychological injuries: Can be as debilitating as physical injuries, requiring long-term treatment.
- Internal injuries: Organ damage can be life-threatening if untreated.
- Dental injuries: May need extensive dental work.
- Neck injuries: Can cause chronic pain and serious health complications.
- Chronic pain: Persistent pain after the initial injury has healed.
- Fatalities: Require experienced wrongful death lawyers to ensure fair compensation for the victim’s family.
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 older people 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
The statute of limitations for filing a negligent tort lawsuit in Indiana is typically two years. Consult a personal injury attorney promptly to ensure your case is filed within this timeframe.
How Our Indianapolis Personal Injury Attorneys Can Help Hold Responsible Parties Accountable?
- Provide legal counsel and representation.
- Build a strong case for maximum compensation.
- Negotiate fair settlements with insurance companies.
- Prosecute cases in court if necessary.
- Offer support and guidance throughout the legal process.
Victims of personal injuries should seek a fair settlement, compensating for medical costs and loss of income. We ensure that an insurance company pays out the maximum compensation.
Hire An Indiana Personal Injury Attorney To Resolve Your Claim
If you’ve been injured due to someone else’s negligence or lost a loved one in an accident, the personal injury attorneys at Injury Lawyer Team are here to help you obtain the financial compensation you deserve. Contact our legal team to schedule a free consultation today. All confidential or sensitive information shared remains private under 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.