When you are hurt because of another person’s misconduct—whether in a traffic collision, an unexpected fall, or even a doctor’s mistake—it can be both frustrating and expensive. In more severe cases, an injury caused by someone else’s negligence can be life-altering. Therefore, seeking civil compensation for your injuries may be the best way of preserving your overall quality of life after your accident.
A seasoned Highland personal injury lawyer could provide irreplaceable assistance with getting the positive results you want. At The Law Offices of David W. Holub, we understand how difficult situations like yours can be on both legal and personal levels. An attorney from our team could work diligently to ensure your rights are enforced and your best interests protected.
Understanding Negligence and Comparative Fault
The legal theory at the heart of most personal injury lawsuits in Indiana is negligence, which, in brief, is the notion that someone who accidentally harms another person should be held liable for the consequences of their actions just like they would be if they had caused harm intentionally. Four components of legal negligence must be established for a claim of this nature to proceed:
- The existence of a “duty of care”—meaning the defendant’s obligation to act responsibly under specific circumstances
- A specific action constituting a breach of that duty of care
- Causation of an accident through the breach of duty
- The existence of compensable damages stemming directly from the accident
A skilled Highland personal injury attorney could help with proving that someone else’s actions meet all these criteria and that an injured plaintiff’s actions are not to blame. Otherwise, a court might assign that plaintiff a percentage of comparative fault for their own injuries and reduce the total compensation available to them based on that percentage—or even deny them compensation altogether.
What Damages Are Recoverable?
Compensable damages for personal injury claims can be both economic and non-economic in nature. This means it is possible to seek recovery for losses with objective financial values, like medical bills and lost work income, as well as for losses that can only be valued subjectively, like physical pain and mental anguish.
In situations involving especially egregious negligence or deliberately malicious conduct by a defendant, a court may impose additional punitive damages as extra compensation to the injured party. State law caps punitive damages at either $50,000 or three times the value of economic and non-economic damages combined—whichever is greater. However, as a personal injury legal professional in Highland could affirm, it is fairly rare for punitive damages to be awarded.
Speak with a Highland Personal Injury Attorney Today
Money alone is an insufficient salve for the pain, trauma, and physical scars that a serious accident can leave you with. However, civil recovery can still be vital in supporting the financial losses that your accident has caused and will cause you in the future.
When you need help getting the best possible result in your unique case, make contacting a Highland personal injury lawyer from the Law Offices of David W. Holub one of your top priorities. Call today to schedule a consultation.