La Porte County Personal Injury Lawyer
In the aftermath of a personal injury, accident victims face endless rounds of doctor visits, disruption of work schedules and home life and uncertainty about the future. The focus should be on recovery, not medical bills, legal questions or pressure from insurance companies. But all too often, those issues demand attention.
That is where an experienced La Porte County personal injury lawyer can help. A knowledgeable attorney can advise you as to your right to compensation for the injury and related consequences.
Your personal injury lawyer can serve as your advocate to speak on your behalf, explain and help evaluate your options, and work towards the complete compensation to which you deserve.
Common Types of Personal Injuries Claims
A personal injury is considered the harm suffered to an individual’s body, as opposed to damage caused to property, which is another common type of claim following an incident of negligence. When a personal injury is due to the fault of another individual or organization, the individual suffering the injury may file a lawsuit against the party at fault to recover monetary compensation.
Although many types of incidents can lead to a personal injury claim, some of the more common include:
- Car accidents
- Motorcycle and Truck Accidents
- Pedestrian or Bicycle Accidents
- Wrongful Death
- Workplace Injuries
- Falls caused by unsafe conditions
- Malpractice by medical professionals
- Nursing home abuse or negligence
- Injuries at birth
- Product liability
- Dog bites or other animal attacks
Of course, this list is not complete. A La Porte County personal injury lawyer can evaluate the circumstances of a particular case and determine whether an individual has grounds for a lawsuit to obtain compensation.
Factors to Keep in Mind When Filing a Claim
Those considering filing a personal injury lawsuit need to be aware of the state’s statute of limitations. In the state of Indiana, an individual must usually file a claim for personal injuries within two years of the incident that resulted in the injury.
That a time period may be shorter if the claim is against a government entity, or maybe longer if the claimant is a child. The rules regarding the statute of limitations may be complex. Nevertheless, once that window of opportunity passes, any chance of recovery is barred by the statute which is why it is vital that individuals get in touch with a La Porte County personal injury attorney.
A second factor to bear in mind is the state rule regarding contributory negligence. Indiana follows a modified comparative fault rule, meaning that if it is determined that the injured individual is partially at fault for causing the injury, any recovery amount may be reduced by the claimant’s percentage of fault.
So, if for instance, an individual is injured by using a chainsaw with a defective guard, a court might find that the company that manufactured the chainsaw is 90 percent at fault for poor manufacturing processes and the consumer was 10 percent at fault for operating the saw in a dangerous manner.
In that case, if the court determined the claimant proved a total of $100,000 in damages, the consumer would receive only $90,000 to reflect their 10% of contributory fault. If the individual’s own conduct contributes 50% or more to the injury, then they can recover no damages.
When an individual found to be entitled to compensation, the court will award amounts of money referred to as damages. Generally, these attempt to provide compensation for specific consequences of the injury, such as medical bills.
Sometimes the damages provide compensation for consequences that are not easily quantifiable, such as pain and suffering. On occasion, the court may award punitive damages to deter similar wrongdoing in the future.
Compensatory damages may include amounts to cover items such as:
- Lost wages from work, past and present
- Medical bills
- Expenses to pay for caregivers or modifications to the home
- Pain and suffering
- Loss of consortium or loss of enjoyment of life
How a La Porte County Personal Injury Attorney Can Help
When you are trying to manage your physical recovery, you need someone to handle the legal issues and questions on your behalf. An experienced La Porte County personal injury lawyer will understand how the laws apply to the facts of your particular situation and can help evaluate potential settlement offers.
Your attorney will fight to obtain the full recovery to which you deserve under the law. Preserve your rights, and call a lawyer today.