With a productive industrial economy and a beautiful dune ecosystem in its backyard, Chesterton is a great place to live, work, and raise a family. Unfortunately, it is not immune to accidents from negligent activity.
When a resident of Chesterton suffers a wrongful injury, the Law Offices of David W. Holub spring into action with a forceful, comprehensive approach to his or her case. No matter how the case unfolds, Holub clients can count on powerful representation at every turn.
We are not just committed to securing justice through fierce representation; we are attuned to the needs of each client and can promptly address questions, issues, and problems as they arise. Throughout the legal process, our Chesterton personal injury lawyers provide the utmost courtesy, respect, and sympathy as we work through the aftermath of traumatic and potentially tragic events.
Personal Injury Negligence Laws
One of the most common reasons for a personal injury lawsuit is negligence. Generally, a negligent injury occurs when a person owes a duty to provide a standard minimum level of care, then they breach that duty by acting carelessly, and injure someone else.
On the road, the care expected of all drivers is to follow traffic laws, stay alert, and have control of their vehicles. Someone could breach that duty of care by taking their eyes off the road to text while behind the wheel. If that distraction causes the driver to hit another car, the inattentive driver may be liable for any injuries their distracted driving caused.
The seasoned attorneys on the Holub team handle personal injury and wrongful death cases in the following practice areas:
- Medical malpractice and defective medical products
- Consumer product liability and defective drugs
- Passenger vehicle and truck accidents
- Bicycle, motorcycle, and pedestrian crashes
- Slip and fall, and premises liability claims
- Construction site accidents
- Workplace accidents and injuries
Experienced personal injury attorneys in Chesterton can discover and present evidence to help recover monetary damages.
Elements of a Civil Injury Lawsuit
A successful personal injury claim begins with correctly filing a lawsuit. Following the right legal procedures and applying the correct laws as mandated by the state could mean the difference between receiving compensation and having a case thrown out before it is even presented.
Statute of Limitations
Indiana has a two-year statute of limitations for filing a personal injury lawsuit, per Indiana Code 34 § 11-2-4. That means the injured party has two years from the date of the injury to file their case with the court, or else they cannot move forward. A personal injury attorney in Chesterton could help address any necessary exceptions.
Comparative Negligence
A plaintiff may have their awarded compensation reduced based on circumstances of comparative negligence. Under I.C. 34 § 51-2-5, if both parties of a lawsuit were behaving negligently, the jury must assign a percentage of fault to each side. The plaintiff’s award may be reduced to reflect their portion of fault.
For example, a plaintiff who is awarded $10,000 but found to be 10 percent at fault for their injury will have their award reduced by 10 percent and will only actually receive $9,000. Contributory negligence will reduce a plaintiff’s monetary damages in Indiana but will not bar recovery entirely.
Cap on Damages
The state does not usually limit the amount of money a Chesterton plaintiff can receive in a personal injury lawsuit. That means an injured person can sue for as much money as their injury has cost them, known as “economic damages.” This includes actual, measurable expenses like those related to medical care and lost wages.
There is also not a cap on “non-economic damages,” such as costs for pain and suffering. If the plaintiff can successfully show why they are entitled to the non-economic damages they are asking for, they will generally not be barred from recovering that amount.
There are limits when suing a government entity, however. Under I.C. 34 § 13-3-4, the cap on personal injury damages caused by a public employee is $700,000 and there is a $1,800,000 cap for malpractice injuries caused after June 30, 2019.
Get Help From a Chesterton Personal Injury Attorney
When you are entitled to monetary compensation for an injury someone caused you, it is essential to follow the specific legal rules and procedures for your case. Working with a Chesterton personal injury lawyer can help improve the outcome of your case so you can recover what you deserve. Call the Law Offices of David W. Holub for a free consultation.