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How to Handle Your Indiana Negligence Case


In order to begin working on your personal injury claim in Indiana after an accident, it’s of the utmost importance to understand and familiarize yourself with your state’s specific negligence laws. The laws vary from state to state, from contributory negligence to comparative negligence.

If this is your first time dealing with a personal injury claim, Indianapolis attorneys can help answer any questions you may have. The first order of business is to determine who was at fault for the accident and injuries.

How Does Negligence Work in Indiana?

The state of Indiana follows a system of comparative negligence. Under this type of negligence, it is possible to recover damages even if you are partially at fault for the accident. The amount you will be able to recover will be reduced, but under different negligence laws it would have been eliminated entirely. Indiana specifically follows the 51% rule. This rule explains that if your percentage of fault should surpass 50%, then you will lose your right to recover anything.

Ask Indianapolis Attorneys How Much Your Claim Is Worth

The worth of a claim also may vary from state to state, and under Indiana state law there are outlined guidelines to be followed.

The party or individual responsible for the injury may be responsible for the following:

  • All past and future estimated medical expenses regarding injuries that resulted from the accident
  • Time loss from the workplace (most often as a result of hospitalization and physical therapy)
  • Property damage
  • Any and all permanent disfigurement or disability
  • Emotional and/or social distress
  • Changes that result from an inability to work and could force you to look for a new job
  • Any other costs that are a direct result of your injuries

Next, it is important to have at a basic understanding of the different components of your personal injury claim in Indiana. You should contact your Indianapolis attorney for further advice on pursuing a claim.

5 Parts of an Injury Claim in Indiana 

  1. Duty – If the court recognizes that the defendant owes the plaintiff a duty — that the defendant is at fault for what the plaintiff claims — then the duty must be paid. A judge instead of the jury in the trial usually makes this decision.
  2. Breach of Duty – If the defendant were to not fulfill the duty repayment that he or she owes, that is considered a breach of duty. This occurs after the ramifications of the owed duty are solidified and approved by the court.
  3. Cause in Fact – During the trial the plaintiff is required to prove that the defendant’s action caused the injuries directly (typically in a cause-effect relationship).
  4. Proximate Cause – Refers to the scope of a defendant’s responsibility in the case. If the defendant is the cause for damages that are considered to be outside the realm that he or she could have foreseen, then that injury is not counted.
  5. Damages – The plaintiff in the case is furthermore required to prove their injuries legally.  

Indianapolis Attorneys Can Help

The most beneficial step you can take after your accident is to consult with your Indianapolis attorney. A skilled and experienced attorney can help you build a strong and well-supported injury claim in Indiana.

Your personal injury claim in Indiana could allow you to recover damages for the following:

  • Medical expenses (including hospitalization, treatments, medication, physical and/or emotional therapy)
  • Lost wages that result from time taken off work
  • Pain and suffering