Car accidents, slip-and-falls, and medical misdiagnoses are just some examples of personal injuries. In these situations, another person’s actions (or inaction) caused injury to another. If you were hurt, even if you can’t single out a responsible party (like in a slip-and-fall), you could receive a settlement. Get help understanding personal injury law in Merrillville by giving a personal injury lawyer in Merrillville, IN, like Lerner and Rowe, a call today.
What Does Indiana Law Say About Liability and Personal Injuries?
Here is what Indiana law says about personal injuries:
- In Indiana, if someone acts carelessly or wrongfully, you may be eligible for compensation.
- If you were injured, you have two years from the date of the injury to pursue a lawsuit.
- If you were partially at fault, your settlement amount will be reduced by your percentage of fault.
- Indiana has stricter punitive damage caps than other states; punitive damages are capped at three times your compensation damages or $50,000, whichever is greater.
In Indiana, you have the right to file a lawsuit against the party responsible for your injury.
What Kind of Damages Can a Person Get from a Personal Injury Case?
Indiana law lets a party pursue three types of damages: economic, non-economic, and punitive damages. Economic damages include medical expenses, lost wages, and anything that has a fixed dollar amount. Non-economic damages compensate you for pain and suffering, emotional distress, and things that don’t have a fixed dollar amount. Punitive damages are not common, but are awarded for extreme negligence or harm.
According to Indiana’s cap on punitive damages, if you had $30,000 in economic damages and $20,000 in non-economic damages, a jury could theoretically award you up to $150,000 in punitive damages if the defendant acted with extreme negligence.
What Types of Accidents Typically Involve a Claim?
Any accident with liability could involve a claim. Here are some examples:
- Car accidents typically start with the other party’s insurance company. Sometimes, the insurance company will pay out what they think is fair as a settlement. Your claim could turn into a lawsuit if the settlement isn’t enough. Your compensation from a car accident claim could be reduced by your shared liability (if you were speeding and someone ran a stop sign, you might be 20% liable and your compensation would be reduced accordingly).
- Slip-and-fall cases can involve private property, a business, or a public place. A plaintiff has to prove that the defendant’s negligence caused their slip and fall injury in order to file a personal injury claim.
- Dog bites can result in a personal injury claim if the dog has a history of aggression or the owner does not properly restrain the dog. If the victim provoked the dog in any way, their percentage of liability could potentially negate the claim.
- Workplace injuries are another type common in Indiana, but these are handled through the workers’ compensation system in most situations, unless gross negligence elevates them to a personal injury claim.
How Long Do You Have to Pursue a Case Under the Personal Injury Law in Merrillville?
There is a clock ticking on any personal injury case. Many times, the statute of limitations is clear. It starts from the date of your injury. But what if you don’t find out about your injury until after the fact? What if you are disabled during the statute of limitations and cannot actively pursue your case?
The statute of limitations for personal liability in Indiana is generally two years. If you didn’t know about your injury and discovered it later, the statute of limitations starts at the date your injury was discovered. If, for some reason, the statute of limitations needs to be suspended, this is called “tolling.” It happens in rare situations, like the ones described above.
Why Should You Hire a Personal Injury Law Firm in Merrillville, IN?
If you consult with a personal injury lawyer like Lerner and Rowe on your case, your risk is zero. If you use a lawyer, the odds of winning a favorable settlement in your personal injury claim increase.
Why use a lawyer?
- Lawyers can negotiate, present motions, and file paperwork on your behalf.
- A lawyer can carry out a deposition.
- A law office has a staff of trained professionals to help them with paperwork and make sure that nothing falls through the cracks in your case.
There is another reason to get a lawyer for a personal injury case. Not a lot of information exists about the lifetime cost of a TBI, but a study found that over 30 years ago, the average TBI patient paid over $115,300 (not adjusted for inflation). If you are injured in an accident and someone only has minimal coverage, it’s not going to be enough to cover your injuries, care, and cost.
The costs of personal injuries vary. Slip-and-falls could be a sprain or a bruise. Severe ones could result in a head injury. That is why If you are injured, you should work with a personal injury lawyer in Merrillville, IN, like Lerner and Rowe, on your case. Contact us today to schedule a free consultation.