When legal matters arise in Munster, residents should feel confident in the services provided by the Law Offices of David W. Holub. Our team is experienced in personal injury cases and can help clients get the support they need to heal after an accident.
The range of personal injury claims handled by the Law Offices of David Holub is expansive. Specifically, the team has successfully represented clients after car accidents, truck accidents, construction accidents, and slip and fall cases. The team has also helped clients receive the support they deserve after instances of medical malpractice and work-related injuries.
If you or someone you love has suffered an injury due to negligence, consult a Munster personal injury lawyer today and ensure your rights are protected.
General Negligence Claims
A personal injury lawsuit could fall under one of several legal principles. These laws tend to be state-specific, so it is important to apply Indiana statutes to these cases with the help of a state-licensed personal injury attorney in Munster.
Negligence is one of the most common causes of an accident, in part because it is a broad term and can apply to almost anyone. Negligence occurs when a person is expected to act with reasonable care but they instead act with unreasonable carelessness. When that careless action is the cause of someone’s injury, the negligent person could be held legally responsible for the damages they caused.
Traffic collisions are often sources of negligent injuries. From passenger cars to commercial trucks to motorcycles, everyone is expected to follow the laws and behave safely on and around the road to prevent dangerous accidents. In addition to motor vehicle crashes, we also handle:
- Medical malpractice and nursing home abuse
- Defective drugs and product liability
- Premises liability claims (including slip and falls)
- Bicycle and pedestrian crashes
- Catastrophic injuries
- Worksite injuries and construction accidents
Failing to abide by the duty of care can open an individual up to legal liability.
Personal Injury Limitations
There is not typically a cap on the actual damages of an accident, which means the injured person could potentially recover any cost related to their medical care and lost wages. The state also does not have a general cap on non-economic damages, those like pain and suffering or loss of enjoyment, for personal injury cases.
Under Indiana Code § 34-11-2-4, there is a two-year limit from the time the injury took place for the plaintiff to file their lawsuit. Failing to do so could result in the claim being dismissed.
Comparing Plaintiff and Defendant Fault
I.C. § 34-51-2-5 outlines restrictions on compensation based on contributory negligence. If multiple parties were acting negligently leading to the injury, the plaintiff may have their financial award decreased based on how much their own negligence contributed to the accident.
When a defense of contributory negligence is presented, the jury must determine a percentage of fault that can be attributed to both sides. A plaintiff found to be partially responsible will have their compensation reduced by the percentage of fault assigned to them. A personal injury attorney in Munster could help prevent too much liability from being assigned to an injured client.
Let a Munster Personal Injury Attorney Help Your Case
In any lawsuit, errors in filing or presenting your case could delay your compensation or even prevent you from receiving it at all. An experienced Munster personal injury lawyer can navigate these complex legal procedures for you to build the strongest case possible. Get a free consultation when you call the Law Offices of David W. Holub.