While the saying, “accidents happen,” is common, the truth is that virtually every accident can be traced back to a specific reckless or careless act by at least one person involved. If you have been injured due to someone else’s actions, the person who caused the accident can often be held civilly liable for any injuries and losses they caused as a result of their misconduct.
However, as any experienced attorney could tell you, knowing that someone else is to blame for injuring you and actually getting them to pay for your ensuing damages are two very different things. The assistance of a seasoned Wheatfield personal injury lawyer from the Law Offices of David W. Holub could help maximize your compensation so that you can focus on healing.
Taking Action Over Different Types of Accidents
Different legal theories may be applicable in different scenarios, but broadly speaking, personal injury claims in Wheatfield are built around the legal theory of negligence. In other words, someone who accidentally or intentionally causes another person to get hurt through careless actions is liable for any compensable losses that the other person sustained from their injuries.
Negligence can be applied to various types of accidents in all kinds of circumstances, including:
- Healthcare provider misconduct
- Traffic accidents, especially those involving commercial trucks
- Slips and falls and other accidents caused by negligent property management
- Collisions between motor vehicles and motorcyclists, bicyclists, or pedestrians
It is also possible to file a lawsuit over injuries caused by defective consumer products, undisclosed side effects in medications, and dog attacks.
Navigating Around Common Legal and Procedural Obstacles
Unfortunately, there is no shortage of roadblocks for injured people trying to recover financially for injuries that someone else caused. Indiana Code § 34-11-2-4 gives most injured parties two years after sustaining—or in some cases, discovering—their injury, even if that injury will have permanent and debilitating consequences for them.
On top of that, IC § 34-51-2-5 et seq. establishes a “modified comparative fault” system, which allows civil courts to reduce the total compensation available to an injured person by whatever percentage of fault they hold for causing their own injuries. This statute also prohibits people who are found to hold a majority of the total fault for an accident from seeking any compensation whatsoever from other at-fault parties—a case outcome that a personal injury attorney in Wheatfield could provide help avoiding.
Speak with a Wheatfield Personal Injury Attorney Today
No one deserves to suffer a serious injury, especially when it is due to someone else’s careless actions. When you have been harmed in this way, it is important to be as proactive as possible in enforcing your civil right to recover. Between the time limits imposed by state law and the risk that important evidence may be lost or destroyed, acting quickly after an accident can be the difference between getting a positive case result and getting paid nothing for your damages.
Get help from a capable and compassionate Wheatfield personal injury lawyer. Call today to learn more about what our team at the Law Offices of David W. Holub could do for you.