Indiana Personal Injury Lawyers

Personal injury law is a broad body of law that touches many civil cases filed every year in Indiana. Unlike in a criminal case, the state is not a party to a civil action, including personal injuries. While you might feel seriously wronged or even victimized, police and prosecutors play no role in a personal injury lawsuit. However, that does not mean your defendant will not be held responsible for their actions.

No two personal injury cases are the same. While similar cases might follow similar legal rules and procedures, each plaintiff's case strategy and damages claims may be wildly different. A skilled attorney is needed to help you get financial compensation while navigating the complex legal process. If you are successful, any expenses and losses you experienced as a result of your injuries will be covered by the defendant.

If you suffered physical, emotional, or financial harm because of the actions of another, you could sue that person for both economic and non-economic damages in a personal injury lawsuit. Our Indiana personal injury lawyers can help you get just compensation for your losses. Call the offices of Wruck Paupore about a free legal consultation today. Call us at (219) 322-1166.

Reasons to File a Personal Injury Lawsuit in Indiana

You might have any number of reasons to file a personal injury lawsuit. Contrary to what some people think, a civil action does not necessarily have to be related to a criminal offense. However, you can certainly sue someone for committing a crime against you. In fact, many personal injury cases are based on events that are not crimes at all. Whatever the case may be, our Indiana personal injury attorneys can help.

Many personal injury lawsuits are based on accidents. Accidents tend to revolve around proof of the defendant's negligence. If you can prove that your defendant behaved negligently and caused the accident, you can hold them liable. Car accidents are common examples of personal injury lawsuits based on negligence, but any kind of accident could lead to legal action. This includes slip and fall accidents or even work-related accidents.

On the other hand, the defendant may not have been negligent at all. While it is upsetting to consider, the defendant might have intended to hurt you. When a personal injury lawsuit involves an intentional tort, the necessary elements you must prove will depend on what kind of tort you are alleging. A battery is not the same as a burglary, so each tort will carry different elements that must be shown in court. Our Indiana personal injury attorneys can help you figure out how to prove your case.

You should give serious consideration to filing a personal injury lawsuit if you incurred financial expenses because of someone else's actions. Medical bills, costs of property damage, and lost wages from missing work are all money down the drain. You should not have to shoulder this expensive burden alone.

Proving Liability in a Personal Injury Case in Indiana

Holding a defendant liable requires more than mere allegations. You must have evidence and proof to support your claims. In a negligence case, four critical elements must be proven if you want to be successful. First, you must prove that the defendant owed you a legal duty or obligation. The exact nature of this duty may vary from case to case. Second, you have to prove that the defendant breached or violated this legal duty. Third, you must prove causation. Causation is evidence that the defendant's breach of duty is the real and proximate cause of your injuries. Finally, you have to prove your damages are real and not hypothetical. You cannot allege possible harm in your damages, only real harm you actually suffered.

As mentioned before, intentional torts may have elements unique to each tort, and an attorney can help you figure out what you must prove. In either circumstance, you need evidence. Evidence could be physical evidence taken directly from the scene of the accident or incident. Evidence could also include records, like medical records showing the extent of your injuries. Our Indiana personal injury lawyers will help you find the evidence you need to prove your case and get compensation.

Damages in a Personal Injury Case in Indiana

Our Indiana personal injury attorneys can also help you calculate your damages. While damages are ultimately awarded by the court, we must decide how much we think your damages are worth before filing your case. Courts may award several types of damages, including compensatory and punitive damages. Our Indiana personal injury attorneys will fight for all your damages claims.

Compensatory damages are meant to make up for the plaintiff's injuries and other losses. Ideally, compensatory damages should place a defendant in the same financial position they were in prior to their injuries. However, certain types of compensatory damages may be awarded even where the plaintiff lost no money, like for pain and suffering.

Compensatory damages are either economic or non-economic. Economic damages are related to losses that came at a real and tangible cost to plaintiffs. For example, medical bills, car repair bills, or lost income are all financial losses that carry a specific dollar amount. Non-economic damages are more subjective and do not come with a predetermined price tag. We must make arguments regarding the value of these damages and present evidence supporting our claims.

Punitive damages are not meant to make the plaintiff whole again but are instead intended to punish the defendant. In some states, punitive damages have no limits and can be extremely high in serious cases. In Indiana, punitive damages are capped. According to Indiana Code § 34-51-3-4, punitive damages are limited to 3 times the value of your compensatory damages or $50,000.

Call Our Indiana Personal Injury Attorneys

After any accident or injury you sustained at the hands of another, you deserve to have your damages compensated. Our Indiana personal injury lawyers can help you get justice through financial compensation. The team at Wruck Paupore is available for free legal consultations. Call us today at (219) 322-1166.