Indianapolis Accident Attorney / Indiana Injury Lawyer
Indiana residents who become seriously injured by a defective product, a car accident, an unsafe construction site, or medical malpractice may have grounds for legal action under what is known as personal injury law. An Indiana injury lawyer can evaluate the circumstances surrounding an accident or injury and determine if the victim and family members have a case.
A personal injury is a severe injury suffered by one person, caused by the negligence or wrongful actions of another. Personal injuries can happen as a result of many different factors, including accidents and dangerous products or environments. Not all injuries are cause for a personal injury claim — some injuries are no one’s fault and could not have been reasonably prevented. The key is whether negligence was involved.
In legal terms, the following must exist in order to prove a negligence claim:
- The person who caused the injury owed a duty to the injured party (such as the duty of a fellow driver to obey traffic laws or the duty of a construction company to obey safety regulations);
- The person failed to carry out that duty;
- The victim suffered injury as a direct result of that failure.
Personal injury lawsuits are typically filed for severe injuries — those that take a significant physical, emotional and financial toll on the victim and his or her family. Among the most common types of injuries that merit personal injury claims are:
- Head and spinal injuries;
- Severe burns;
- Broken bones;
- Organ damage;
- Loss of limb;
- Severe illness;
- Post traumatic stress disorder;
- Loss of mobility or loss of use of limbs and other impaired functions.
Victims who have been seriously injured and file a personal injury claim may be awarded damages, or compensation for the suffering caused by the injury. The amount and kinds of damages vary according to the type of injury and the cause, but in general the types of damages include:
- Pain and suffering;
- Lost wages;
- Medical benefits – including both the medical bills already incurred and expected future costs, such as therapeutic treatment or long-term care;
- Loss of consortium – spousal or parent-child relationships that have been negatively impacted by the injury.
Victims of severe personal injury should seek legal help immediately to file a claim for any damages. There are time limits during which a lawsuit can be brought against the responsible party. An Indiana injury lawyer can provide the legal advice and representation necessary to help clients and their families receive the financial compensation they deserve.
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