Personal injury statutes cover a range of civil lawsuits resulting from accidents caused by another party’s negligence. Monetary damages may be available if you suffered bodily injuries, emotional and psychological health damage, or financial harm in a preventable accident.
A diligent Winfield personal injury lawyer could help you navigate the challenging civil court process and advocate on your behalf. Reach out today and schedule an appointment with The Law Offices of David W. Holub to review your options.
Types of Personal Injury Lawsuits
Some examples of lawsuits falling under personal injury regulations include the following:
- Dog bites
- Car crashes
- Motorcycle wrecks
- Commercial truck collisions
- Medical malpractice lawsuits
- Pedestrian and bicycle accidents
- Nursing home and long-term care facility neglect or abuse
- Slips and falls injuries from accidents caused by landowner negligence
Winning an award for damages requires navigating the civil court process and taking prompt action to begin preparing a claim.
Steps to Take After An Accident Caused by Negligence
After sustaining damages and losses in an accident caused by someone else’s negligence, individuals should take the following steps to protect their well-being and help secure compensation.
- Seek treatment from a medical professional even when injuries are not apparent
- Contact the local law enforcement authorities to report the event
- Gather evidence, such as taking pictures, documenting damages, speaking to witnesses, and collecting contact information
- Notify insurance companies promptly and give them all the necessary details and information
- Collect documentation, such as medical records and hospital bills
- Contact a Winfield personal injury attorney for legal advice and guidance
A lawsuit must prove that the party responsible for the accident is liable for damages. This means showing they were negligent by failing to exercise sensible care and prevent causing harm to others.
State Tort Laws
Understanding state tort laws is vital for collecting compensation from the liable party after an accident.
The statute of limitations sets a strict deadline for filing a civil lawsuit. Under the Indiana Code § 34-11-2-4(a)(1), the maximum time to initiate legal action is two years from the day of the cause of action. While the courts may grant an exception in some cases, missing the cutoff date usually means losing eligibility to seek payment from the at-fault party.
Modified Comparative Negligence
Indiana civil code follows the modified comparative negligence rule to determine and assign a degree of fault to all parties involved. People can still pursue a payout from the defendant even if they share part of the fault for the accident unless they are 51 percent responsible.
The court reduces the available compensation by the plaintiff’s share of fault. Because of this, a solid case to establish the full extent of the defendant’s liability is crucial. During a consultation, a personal injury lawyer in Winfield could review the applicable statutes and rules and answer any questions.
Contact a Personal Injury Attorney in Winfield Today to Schedule a Consultation
You have every right to pursue payment when someone’s careless actions cause you or your loved one harm. Civil laws protect the public by holding negligent parties financially responsible for their actions. However, the rules and regulations are complex, and seeking the help and guidance of a legal professional could significantly increase your chance of success.
A reliable Winfield personal injury lawyer could handle the investigation, review, and legal work of your case to ensure compliance and fight for a fair outcome. Call The Law Offices of David W. Holub today to obtain aggressive legal representation.