As a resident of Indiana, you have the right to file a claim when someone else’s negligence leads to your injury. But in order to have a chance of winning fair compensation, you need the help of an experienced attorney.
The team at Rosenfeld Injury Lawyers, LLC has a long history of helping injured victims obtain compensation for damages suffered due to another person’s negligence. Read on to find out how our injury lawyers can help or reach out to us for a free consultation!
Who Can File a Personal Injury Claim in Indiana?
Personal injury law is a unique sector of the legal field. It is separate from criminal proceedings and is a means for individuals to pursue a settlement when they are injured by another party. A claim is the process of filing a lawsuit against that party and going through the legal process to either reach a settlement or continue to a civil trial.
In the state of Indiana, there are several parties that can file personal injury claims:
- An injured victim
- A surviving parent, child, or spouse of a deceased individual
- A victim’s family members
- A legal representative of a minor
What Is the Basis of Personal Injury Cases?
The basis of a personal injury lawsuit is important to understand. There are three primary reasons for why a lawsuit may be warranted:
- Negligence – The defendant did not act in a way that would be reasonably expected to prevent harm to the victim
- Strict liability – The defendant’s actions led to an injury regardless of their state of mind or intent
- Intentional harm – The defendant committed an intentional act that resulted in harm to the victim
Cases That Our Indiana Personal Injury Lawyers Handle
Our personal injury attorneys can help accident victims who have experienced each of the following scenarios and more.
Motor vehicle accidents are one of the top causes of personal injuries and fatalities and one of the most common cases of Indiana car accident lawyers. The fatality rate from motor vehicle crashes in Indiana has risen in the past few years to 1.17 per 100 million vehicle miles traveled in 2022 .
As far as traffic accidents go, some of the most dangerous involve motorcyclists. Indiana motorcycle accident lawyers face cases with more severe injuries and death because of the lack of protection for riders, as well as many drivers’ lack of attention to these smaller vehicles. 116 motorcycle fatalities occurred in Indiana in 2022 .
Although all traffic accidents can be dangerous, larger commercial vehicles can cause catastrophic injuries or death at a higher rate. 5,640 truck accidents occurred in this state in 2022 , so the chances of victims needing help from Indiana truck accident lawyers are high.
Nursing Home Abuse
Elderly individuals are at a higher risk of abuse, and nursing home neglect is a huge problem across the country and in Indiana. 16% of Indiana nursing homes reported a staffing shortage in 2022 , which is a leading cause of nursing home abuse and neglect.
When senior citizens are unsafe in their environment, our Indiana nursing home abuse lawyers can help them win the compensation they deserve for their suffering.
Birth injuries can occur to both a mother and infant during the delivery process, and sometimes these issues are the fault of a healthcare worker or hospital. Accident victims could suffer from lifelong health problems as a result, making their potential damages extremely high in a birth injury case with the best lawyers on their side.
The maternal mortality rate in Indiana is 31.1 per 100,000 births, much higher than the national average of 23.5 .
Indiana is ranked as the ninth most perilous state in terms of medical malpractice concerns . Victims may have suffered the consequences of an anesthesia or surgical error, unclean instruments, or other problems that resulted in further personal injuries or health concerns.
As the consequences of the negligence increase, so too can the compensation package you can win with the help of a skilled personal injury law firm.
Defective products are another area of this legal sector that can vary widely in scale. Some of the most common products involved in the United States are children’s toys, microwaves, automobiles, and medical devices.
Defective Medical Devices
Healthcare often depends on the use of medical devices, but if a manufacturer or distributor error has resulted in defective equipment, patients could be at risk. Some common medical device defects include cochlear implants and hernia meshes, which our injury lawyers deal with frequently.
When people step foot onto a property that they are legally allowed to be on, the property owner has a certain duty of care to ensure everyone is safe on the premises. If negligence or strict liability leads to an injury when someone is on the property, then the owner could be vulnerable to a premises liability lawsuit for any damages suffered.
Drugs are recalled all the time, and when people suffer the consequences of these defective medications, the negative impact on their lives can be devastating. Over 14,000 drug products have been recalled in the last ten years , so it is a very common problem for people across the country and in Indiana.
In the most extreme circumstances, a person’s negligence, strict liability, or intentional actions could cause another person to die. This could be a death from the incident itself or a later death due to personal injuries suffered.
Filing a Personal Injury Lawsuit With Rosenfeld Injury Lawyers
Pursuing the claims process on your own is incredibly challenging. However, our Indiana personal injury lawyers can guide you through it so you have a better chance of winning.
- Free consultation – A personal injury attorney from our team will discuss the merits of your case with you, by asking basic questions to ascertain its potential for success
- Gathering information and case evaluation – Next, they will gather more information about the case and determine where it falls under based on Indiana law
- Filing a claim – Once the claim has been officially filed with the appropriate entity, the process has officially begun
- Discovery process – During this phase, the defendant, plaintiff, and associated legal teams collect as much evidence and information as possible, often requesting data from the opposing party
- Negotiation and mediation – This stage is when you truly benefit from the assistance of our personal injury attorneys, as they fight for a fair settlement amount from the defendant or insurance company based on the damages suffered
- Legal representation in a trial – Most personal injury cases are settled before court, but those that are not are much less complicated when you have the right personal injury lawyer on your side to represent you during trial
Do You Have a Personal Injury Case?
Generally, there are three standards that must be true in order for you to file a personal injury claim:
- A person or entity behaved negligently or recklessly
- Their conduct resulted in the injury
- Damages have been suffered by the victim of the incident
Evidence gathered for the case must prove that these three aspects are true before a settlement can be rewarded to the victim.
Proving a Personal Injury Case in Indiana
To prove that the above three requirements have been met, and you therefore deserve compensation, there are several factors that come into play. The following elements will have an impact on the outcome of the case:
- Duty of care – The level of responsibility the defendant has in preventing your injury
- Breach of conduct – The defendant behaved in a way that fell short of that duty of care
- Causation – The injury can be proved to be the result of the breach of conduct
- Damages – The result of the injury involved economic or non-economic damages that can be proven
How Long Do You Have to File a Personal Injury Lawsuit?
The nature of the injury and what caused it will determine how long victims have to file their claims. Different categories have a statute of limitations in the state of Indiana that determines this.
What Is the Statute of Limitations for Personal Injury Claims in Indiana?
As the case is with many states, claims for most personal injuries in Indiana must be filed within two years. For wrongful deaths, the limit is two years from the date of the victim’s death.
Types of Compensation Our Personal Injury Attorneys Can Help You Recover
There are three types of damages that can come into play in personal injury cases:
- Economic – Measurable damages that have a specific dollar amount, including medical expenses, property damage, cost of repairs, lost income, lost earning potential, funeral or burial costs, etc.
- Non-economic – Unmeasurable damages that are related to the emotional cost of the injury or death, such as disfigurement, loss of life enjoyment, loss of companionship, pain and suffering, etc.
- Punitive – Though rare, punitive damages are awarded if the defendant was particularly reckless and further punishment is deemed necessary.
How Much Is Your Personal Injury Case Worth?
There is no defined amount for settlements in personal injury cases. Many factors are at play, so it really depends on the individual circumstances of your claim. If you want an estimate, you could always call for a free case evaluation to learn more.
Factors That Affect Personal Injury Settlement Amounts
- Type of injury suffered
- The cause of the incident
- When the accident happened
- The level of damages that occurred as a result
- The proportion of fault between the defendant and the plaintiff
Settlement Amounts That Our Personal Injury Attorneys Have Recovered
Here are just a few examples of settlements we have recovered for personal injury victims and their families:
- $1.1 million for a nursing home patient who was dropped by staff members
- $7 million for a pedestrian struck by a company car
- $7.14 million for four boys who were molested by a youth sports coach with previous offenses
- $4.15 million for a hospital patient who died trying to walk to the bathroom after numerous calls to nurses for assistance
How Long Does Settling a Claim Take with a Personal Injury Lawyer?
There is no specific timeline that can be applied across the board with these cases. The length of time required depends on multiple factors, including:
- Responsiveness of the defendant
- Physical recovery of the victim
- Nature of the injury
- Negotiation process with a stubborn defendant or insurance company
- Court proceedings that could take years
How Much Does a Personal Injury Lawyer in Indiana Cost?
The benefit of working with our Indiana personal injury attorneys is that we work on a contingency fee basis. This means that there are no upfront costs to you, the client, and you only pay if we win a settlement for you.
As you are likely already struggling financially due to your injuries, the contingency fee for our legal services is only deducted from the total settlement amount once the case is won.
Contact Our Indiana Personal Injury Attorneys If You Have More Questions!
The law firm at Rosenfeld Injury Lawyers cares about getting accident victims back on their feet financially after a devastating event, whether that involves car accidents, a traumatic brain injury during surgery, fall injuries, slip-and-fall accidents, or medical malpractice.
It is your right as a resident of Indiana to pursue compensation for damages suffered, such as medical expenses, lost wages, or emotional distress, and our personal injury attorneys are here to help you get it!
To get your free consultation and learn more about Indiana personal injury laws, call our law firm today at 888-424-5757. Connecting with one of our personal injury attorneys is the first step you can take on the path to securing your financial future after a devastating injury or the death of a family member.