The Wagner Reese personal injury attorneys help plaintiffs fight for justice and fair recovery after someone else’s negligent, reckless, or careless actions result in an injury to you or death of a loved one. Personal injuries occur anytime, but you do not have to face the journey alone. Our Indianapolis personal injury lawyers are here to help.
What Is Personal Injury Law?
Personal injury law, or tort law, protects you if another person’s action or inaction harms or injures you or your property. In successful tort litigation, the individual who causes the injury or harm compensates the victim who suffered the damages. Let us explore different dimensions of the subject area.
Personal Injury Claims
Every tort claim, including strict liability, negligence, or intentional harm, comprises two premises — damages and responsibility. The attorneys consider the defendant’s liability concerning the damages sustained, as well as the extent and nature of the injuries. Our justice system will likely award you compensation if the plaintiff proves damages and liability.
Negligence is the basis for most personal injury suits, from falls/slips to auto collisions. To support this claim, the plaintiff must provide evidence that a negligent party owed the plaintiff the duty of care, that they violated that obligation, that this infringement caused injuries, and that the plaintiff incurred non-economic and economic damages. These may include emotional trauma, suffering, pain, loss of earnings, and medical expenses. You must document all these factors and present them during the suit against the negligent party via the courts.
The law describes medical malpractice as negligent actions committed by a medical practitioner — hospice or hospital worker, technician, dentist, nurse, or doctor — whose execution of duties deviates from the standards of practice of individuals with similar experience and training, thus harming the patient or patients.
Strict product liability is a law that applies in nearly all U.S. states. It supports consumers who wish to pursue action against manufacturers who distribute defective commodities, causing harm to buyers or any individual who comes into contact with them. If a defective product harms you, you need not prove that the product was defective instead of the manufacturer’s negligence. Our attorneys will issue strict liability action against the parties that furnished, sold, manufactured, or designed the commodity.
The Most Common Causes of Personal Injury in Indianapolis and Indiana
Injuries occur in Indianapolis and Indiana for a wide range of reasons. Car accidents account for the most common cause of injuries due to negligence. Since these incidents have multiple antecedents, Wagner Reese personal injury lawyers can help Indianapolis residents understand the nature and scope of injuries before determining whether they deserve compensation. Let us evaluate news stories and statistics demonstrating the scope of accidents across Indianapolis.
Injuries associated with auto accidents range from chronic suffering and pain to minor harm or death. Statistics indicate that Indiana reported 47,428 car accident-related injuries in 2018. 36,932 of these occurred in Marion County.
5,241 accidents happened within work zones.
19,604 tragedies involved speeding vehicles.
91% of the drivers and passengers were wearing seatbelts.
A car accident victim deserves legal advice or representation by a personal injury lawyer in Indianapolis who will listen to their story and provide insights based on the circumstances.
One of the common causes of collisions in Indianapolis and Indiana are accidents involving semi-trucks. Data from the Indiana Criminal Justice Institute (ICJ) provides that the state recorded 16,910 crashes involving commercial automobiles. These include buses, combination vehicles, pickup trucks, school buses, and large trucks with a capacity of more than 15 passengers.
Bicycle riding around the city is a popular transportation means for Indianapolis residents. However, there are growing concerns over bicycle safety. Some of these challenges include the lack of emphasis on bike safety among motorists and the lack of dedicated bike lanes. Bike riders who ignore road safety rules risk their lives and those of other drivers. This is a form of negligence.
When injuries occur on someone else’s property or one that another individual manages, the most probable cause is poor maintenance or improper supervision. In this case, Indianapolis residents are subject to slip and fall injuries and fatal electrocutions.
How an Indianapolis Personal Injury Lawyer Will Evaluate Your Claim
Our Indianapolis personal injury lawyers at Wagner Reese investigate your case to fully comprehend how the injury occurred and gain a better scope of the subsequent costs, damages, and injuries. Once the personal injury attorney understands these facts, they will contact the insurance company or a lawyer. Our legal practitioners will also advise on negotiations and other significant developments while your suit is pending. We recommend concentrating on rehabilitation, recovery, and restoring your normal life.
How to Establish Damages
When the defendant successfully provides evidence supporting the plaintiff’s liability in a medical malpractice or personal injury case, they will likely recover non-economic or economic damages. The former includes damages incurred due to the accident, including out-of-pocket costs, household services, reputational damage, vocational rehabilitation, loss of earning capacity, property damage, lost income, and medical bills. Economic damages account for the compensation the plaintiff receives due to the monetary loss the victim suffers due to the accident.
Different juries arrive at varying conclusions after evaluating either economic or non-economic damages. If there is insufficient evidence, it can be challenging to assign a monetary value to economic damages. Parties supporting tort reform argue that non-economic damage awards are excessive and draw from heightened emotions rather than proof. Most states do not cap non-economic compensation in medical malpractice lawsuits.
Personal injuries can cripple your and your loved ones’ wellbeing if you choose to self-represent. You are subject to several other challenges if you opt to handle the situation without proper legal advice. Peers have recognized our lawyers in the legal community, including U.S. News & World Report, The Best Lawyers in America©, the Multi-Million Dollar Advocates Forum, and Super Lawyers®.
We understand how life-altering and devastating accidents are and pride ourselves on our role in making a difference in each client’s life. Schedule a free consultation with Indianapolis personal injury lawyers at Wagner Reese Law Firm today!
This content has been reviewed by the attorneys at the Wagner Reese offices.