Indiana Injury Case
Personal injury can be defined as an injury to the body, mind, or emotions. This legal term is commonly used to address the negligence of another person leading up to the injury. For example, if the owner of a store does not shovel the snow in front of his or her store and, thus, leads to the victim’s injury, then this is an act of negligence. It is also used when an individual is a victim of defamation. In other words, the defendant makes a false statement that damages the reputation of the victim. There are three common types of damages: (a) bodily injury; (b) intentional infliction of emotional distress (IIED); and (c) negligent infliction of emotional distress (NIED). Examples of bodily injury include road traffic accidents, tripping, product liability (e.g., a product is defective and leads to the victim’s injury), among many others. An example of IIED would be the victim’s feeling of emotional distress after having their life threatened. A case of NIED would be an incorrect diagnosis of a sexually transmitted disease leading to the breakup of a marriage.
In Indiana, plaintiffs generally have two years to make a personal injury case. There may be shorter time limits for giving notice of intent to sue, such as making a claim against a city or county (180 days) or state government agency (270 days). But, often there are ways around some deadlines, so always consult an attorney if you think a deadline may have expired just to be sure. Many Indiana injury cases also call into play a rule of law called “comparative fault.” That is, a situation in which the injured person is found to be partially responsible for what happened to them. For example, if the injured person were to be driving a little over the speed limit and is hit by another car that runs a red light, some responsibility or fault might be assigned to each person. This means that a certain percentage of the plaintiff’s damages award will be taken away (e.g., 20% fault would take $2,000 out of a $10,000 damages award). However, if the plaintiff is found to be more than 50% responsible, then there may be no damages award to collect. In the case of dog biting and attacks, dog owners can sometimes benefit from what’s called the “one-bite rule.” This means that if there is no prior history of negligence, then the defendant may be able to avoid being held responsible for a personal injury. Sometimes however, an owner may be held accountable the first time an animal related injury happens. Always consult an attorney to get clear advise for any given situation.
If you or loved one has been injured due to the negligence of another, call the Law Offices of David W. Holub immediately. Our lawyers are experienced in all types of personal injury case and will help you receive the compensation you deserve.