The city of Portage, Indiana, offers gorgeous scenery and plenty of opportunities for outdoor fun. It’s no surprise that many people relocate here. However, with the population growth comes higher risk for negligence and wrongful injury. If you live in Portage and have been involved in an accident that was caused by someone else, you should seek counsel from a skilled Indiana personal injury attorney.
The Law Offices of David W. Holub represent clients throughout northwest Indiana and beyond. Our skilled, highly competent attorneys are known for the aggressive and vigilant way in which they represent their clients. At the same time, our team understands how difficult it is to be a victim and shows the utmost compassion for those who call on them for help.
No matter what kind of situation you experienced, our Portage personal injury lawyer stands ready to help.
Types of Injury Claims We Take
There are many types of personal injury claims which could result in a damages award. David W. Holub handles many situations, including:
- Defective product lawsuits for dangerous products, such as tools, toys, or medicine
- Premises liability claims resulting from accidents, such as falling on icy sidewalks or violent dog bites
- Nursing home abuse or neglect
- Birth injuries and other medical malpractice cases
- Construction site negligence
- Pedestrian and bicycle accidents caused by reckless motorists
- Motor vehicle collisions involving cars, trucks, motorcycles, or public transit
A Portage personal injury attorney could handle the legal work and communications to negotiate a fair settlement – or take the case to court, if a settlement is unlikely.
Grounds Necessary to Recover Damages
Personal injury cases must show evidence of the essential elements of negligence to win a settlement. The four components of negligence include the following:
Legal Responsibility or Duty
When people are carrying out actions that could cause harm to others, such as driving a vehicle, they have a legal responsibility (called duty of care) to act responsibly. Property owners have a duty to keep their premises safe and doctors have a duty follow proper medical procedures.
Breach of Legal Obligations
Failing to act reasonably or in a way that any other prudent person would in the same circumstances is considered a breach of legal duty. Evidence of the defendant’s thoughtless or reckless actions would fulfill this element.
Causation
Causation means there must be a link between the negligence and the injury the other parties sustained. While it does not have to be the only cause, evidence must support the connection.
Verifiable Damages
Even when someone is negligent and causes an accident, if the other parties do not suffer verifiable damage, there are no grounds for a lawsuit. A personal injury lawyer in Portage can help the claimant gather hospital bills, medical records, eyewitness information, and expert statements.
State Personal Injury Laws
Winning an award for damages in a civil lawsuit requires adhering to the state statutes. The first is the civil court statute of limitations, which governs when someone must file a personal injury claim.
However, according to the Indiana Code 34 § 11-2-4, the plaintiff must file the case within two years of the day they sustained damages. The expiration date may change in some cases, such as those involving minors. A personal injury lawyer in Portage could review the statutes and answer specific questions during the consultation.
Another significant statute to be aware of is shared liability and the comparative negligence rule. In some instances, the plaintiff is often partially responsible for the accident. Their final damages award may be reduced by their percentage of fault for the incident. .
Call a Trusted Personal Injury Attorney in Portage Today
Personal injury laws allow you to seek compensation when a person or entity fails to use caution and leads to harm. There are a lot of moving pieces to these claims and they can be difficult to manage.
Many people seek help from a knowledgeable Portage personal injury lawyer to reach the best potential outcome. Call the Law Offices of David W. Holub to schedule a free consultation and review your options for legal recourse.