I Was Injured. Can I File A Lawsuit Against The Party That Caused My Injury?
In general, when a person is injured as a result of another person's negligence, the injured party may pursue a claim against the party or parties that caused the injuries. You are entitled to compensation for your injuries if it is found that a defendant was negligent and that such negligence was a cause of your injury. Any personal injury case depends on liability, damages, and whether or not you can collect from the negligent party or parties. The Indiana Comparative Fault Act provides that recovery is barred if a claimant's fault exceeds 50 percent of the total fault. Otherwise, the claimant's recovery is diminished in proportion to his degree of fault. The Comparative Fault Act does not apply to medical malpractice claims against "qualified providers" or claims against governmental agencies or public employees. In those cases, any contributory negligence of the claimant will be a complete bar to recovery.
Personal injury law attempts to cover all areas and types of injuries suffered by individuals. Some of the most common areas are automobile accidents, premise liability, medical malpractice, and product liability, among others. Whether or not you are entitled to compensation may depend on the type of accident that caused the injury.
Indiana operates on a "fault" system, which determines liability based on a showing that one party was at fault because of negligence, which caused the accident. In other words, if the other driver is to blame for the accident, you can collect damages, and vice versa. Generally, people who operate motor vehicles must exercise reasonable care under the circumstances. Failure to use reasonable care is the basis for most lawsuits for damages caused by an automobile accident. In these cases, proof of fault is often contested and requires thorough investigation. A driver may also be liable for an accident caused by intentional or reckless conduct. A reckless driver is one who drives unsafely, with willful disregard for the probability that the driving may cause an accident.
The other driver's insurance company is the liability carrier and will pay you, as a victim of the other driver's negligence, for your out of pocket damages and pain and suffering. The mandatory minimum liability coverage in Indiana is $25,000 per person and $50,000 per accident for personal injury, and $10,000 for property damage. If the person who caused your injury has automobile liability insurance, an insurance adjuster will gather the pertinent records including medical records, medical bills, wage loss verification and the like in an effort to verify your damages. The insurance company may make you an offer to settle the claim. You may find the offer acceptable and once you accept it, the claim process is over. If you do not receive an acceptable offer, you can proceed with filing a lawsuit. Be careful when dealing with the other party's insurance company because they may try to rush you into a settlement before you can adequately evaluate the extent of your damages. If you are in an automobile accident with an uninsured driver who is at fault or a driver who does not have enough insurance to cover your damages, the uninsured or underinsured motorist provisions of your own policy will apply if you have purchased such coverage. This coverage would also apply if you were hit by a "hit and run" driver.
If you were injured at someone else's home or at a commercial establishment, the person responsible for the premises may be found liable. This can cover a variety of situations including slip and falls, dog bites, assaults, among others. In general, it is the duty of an owner to exercise reasonable care in the maintenance of the premises and to warn a visitor of any dangerous conditions that are known, or should be known to him, if the conditions are not likely to be perceived by the visitor. The owner or operator of the property must have notice of the defect or circumstances that caused your injury prior to the injury having occurred. The notice can either be actual notice or implied notice, meaning the owner knew or should have known of the dangerous condition given all of the surrounding facts and circumstances. The person liable for your damages is the party in control of the property. That party is responsible for the care, maintenance and inspection of the property. For example, an owner may not be the responsible party if he or she has leased the property to another party who actually has control over the premises.
The duty of a possessor of land to the injured person may vary depending on the status of the person at the time of the injury. Business owners have the highest responsibility to those who are invited onto their premises. They are obligated to inspect the premises to discover any dangerous conditions and warn the public of dangers upon the premises. A homeowner has a duty to exercise ordinary care in maintaining the premises in a reasonably safe condition to prevent injury. Possessors of land must take reasonable measures after an accumulation of ice and snow to diminish the risk of injuries. In general, the standard of care owed to a trespasser is usually less than that owed to a person who has permission to be on the property.
Product Liability deals with recoveries for personal injury or property damage resulting from the use of a product. A lawsuit can be brought against anyone participating in the chain of manufacture for that product, from the manufacturer, to the designer to the retail store. When a company designs and manufactures a product, they have a responsibility to ensure that anyone exercising reasonable care within the expected parameters of usage expected for the product will not be injured. An action can be based on negligence, breach of implied or express warranty, or strict liability.
Under the newest theory of strict liability, you must show that the product was defective and unreasonably dangerous; the product was defective when it left the manufacturer; and the defect caused the injury. In general, a product is unreasonably dangerous or defective if it fails to perform in a manner reasonably to be expected in light of its nature and intended function. Indiana law states that a product is in a defective condition if, at the time it is conveyed by the seller to another party, it is in a condition not contemplated by reasonable persons among those considered expected users or consumers of the product; and that will be unreasonably dangerous to the expected user when used in reasonably expected ways. A product is defective if the seller fails to properly package or label the product to give reasonable warnings of danger about the product; or give reasonably complete instructions on proper use of the product; when the seller, by exercising reasonable diligence, could have made such warnings or instructions available.
Be aware that there are limits to product liability law such as when the product is too old, when the consumer was careless in using the product, when the consumer knew of the defect, or when the product was altered. An action based on strict liability may not be brought against a seller unless the seller is a manufacturer of the product as well or when the manufacturer cannot be sued in Indiana.
Under a negligence theory, the claimant must prove the elements of duty, breach of duty, damages, and proximate cause. As for the breach of warranty theory, a warranty is like a promise. An implied warranty exists whether or not you have a written "warranty". An implied warranty of merchantability means that the product sold conforms to the ordinary standards of care and are comparable to similar goods sold under similar circumstances. An implied warranty of fitness for a particular purpose exists when the retailer, distributor, or manufacturer has reaso
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Personal Injury Articles
- Who Is Responsible When A Person Is Injured?
- How Do I Decide If I Need To Hire An Attorney?
- How Much Will An Attorney Cost?
- How Long Do I Have To Hire An Attorney?
- How Will My Claim Be Processed?
- What Damages Can I Recover?
- How Can I Determine How Much My Claim Is Worth?