If you have been hurt because of someone else’s negligence, you may have a personal injury claim. Tort law is designed to protect victims when someone else’s actions or failure to act resulted in injury or property damage.
Personal injury is a broad area of law that encompasses many types of cases. As affirmed by the American Bar Association (ABA), personal injury law rests on two basic questions:
- Is the defendant liable for the plaintiff’s damages?
- What is the extent of the plaintiff’s damages?
In most cases, to hold a defendant liable, you must prove that they acted negligently. Negligence means they failed to behave with the level of care that someone of sound mind would consider reasonable. In other words, they failed to act in a way that most people would under the same circumstances.
An Indianapolis personal injury lawyer might be able to help you prove liability and damages and seek compensation. For more information, contact Pintas & Mullins Law Firm at (800) 794-0444.
What You May Recover in a Personal Injury Lawsuit
A plaintiff’s damages are their costs caused by the defendant’s negligence. In many states, including Indiana, you may seek compensation even if your own negligent behavior contributed to your injuries.
Under the state’s contributory fault statute, IC 34-51-2-6, you may sue for damages as long as your amount of fault is 51% or less. Any settlement you receive will be reduced by your amount of fault. If you receive a settlement of $100,000 and are found to be 30% at fault, you would receive $70,000.
In personal injury cases, you may seek awards for:
- Medical costs: These are any expenses related to your bodily injuries, such as hospital stays, doctor visits, medications, physical therapy, or any other medical treatments.
- Lost wages: If your injury caused you to miss work, you could collect lost wages. If your injury has left you unable to work in the same capacity as before, you may be able to seek future lost wages or permanent disability payments.
- Property damage: If your personal property was damaged because of someone else’s negligence, you might be entitled to the costs of repair or replacement. For example, compensation may be awarded for vehicle damage in a car accident case.
- Pain and suffering: You may be awarded damages for stress, anxiety, trauma, loss of enjoyment of life, and mental anguish. You may also be compensated for permanent scarring, disfigurement, or loss of a limb.
- Wrongful death: If your loved one was killed because of someone else’s negligent behavior, you might be able to seek awards on their behalf. You may also seek compensation for your loss of future financial support.
- Punitive damages: When a defendant has behaved particularly maliciously or recklessly, they may be ordered to pay punitive damages as a form of punishment.
Personal Injury Cases
There are many types of cases that fall under personal injury law, including, but not limited to:
- Car accidents
- Slip and fall accidents
- Medical malpractice
- Dog bites
- Defective products
- Dangerous drugs and medical devices
- Truck accidents
- Workplace injury
Personal injury lawsuits are civil cases, not criminal cases. You may win a monetary settlement in a personal injury suit, but the defendant will not be punished with fines or incarceration. However, for certain offenses, defendants may also face criminal charges.
For example, someone who injures you because they were driving while intoxicated also has committed the crime of drunk driving and will have to face the associated criminal penalties. A defendant can be found not guilty in a criminal case, but still be held liable for damages in a civil lawsuit.
Personal injury cases are subject to the statute of limitations. These are time limits set by law that a plaintiff has to commence legal action. In Indiana, you have two years to take action for personal injury, property damage, and wrongful death, according to Indiana Code section 34-11-2. The statute of limitations begins when your property is damaged, your injuries occur, or your loved one dies. If the statute of limitations expires, you may not be able to pursue your case.
An Indianapolis personal injury lawyer with Pintas & Mullins Law Firm can help you learn more about the types of personal injury cases, and the statutes of limitations.
For a free legal consultation with a Indianapolis Personal Injury Lawyer serving Indianapolis, call (800) 794-0444
Call Pintas & Mullins Law Firm
If you were injured because of someone else’s wrongful or negligent actions, you deserve compensation. Your injuries are not your fault, and you should not have to shoulder the costs alone.
The goal at Pintas & Mullins Law Firm is to provide you with legal help so that you can focus on healing.
We want to be there for the victims we serve and their families. Our team takes an active role in every case, making sure to keep you updated throughout the legal process. Our primary objective is to achieve the best possible outcome for your case while providing you with legal and emotional support.
Pintas & Mullins Law Firm can help you through every step of the legal process, from investigating your claims to representing you in court, if necessary. An Indianapolis personal injury lawyer can help you investigate your case and gather evidence to support your claims, such as eyewitness statements, medical records, official documents, surveillance video, and expert testimony.
We are not afraid to take on the toughest cases. We have helped clients nationwide win millions of dollars in settlements. We work on a contingency basis, so we do not collect a fee unless we win a settlement for you. For more information about how Pintas & Mullins Law Firm may be able to help with your case, call (800) 794-0444 for a risk-free consultation.