When you are injured due to another individual’s negligence or wrongful conduct, you may be eligible to seek compensation through a personal injury lawsuit. The area of personal injury law covers a wide range of claims, from car accidents to slips and falls, products liability, and medical malpractice. If you were injured in an accident, be sure to speak with a Kouts personal injury lawyer about whether you have a claim.
At the Law Offices of David W. Holub, our attorneys are prepared to apply our knowledge and resources to help you recover the compensation you deserve. The days and months after a serious accident can be overwhelming, so let us assist you through this difficult time. Contact our office to schedule a consultation.
Common Types of Personal Injury Accidents
Many personal injury cases arise from unintentional conduct. However, this does not mean that the person responsible is not liable from a legal standpoint. Most personal injury claims are based on negligence. The injured person must demonstrate that the individual they are suing breached a legal duty to behave responsibly, causing their injuries and damages.
The perpetrator’s intent is irrelevant to a negligence claim; the person injured can recover compensation so long as the at-fault person acted carelessly or recklessly. For example, drivers on the road owe each other a duty to drive safely. If they are texting and driving and cause an accident, then they have breached that duty. Some common types of personal injury claims include:
- Dog bites
- Wrongful death
- Products liability
- Premises liability
- Medical malpractice
- Pedestrian or bicycle accidents
- Car, truck, or motorcycle accidents
A Kouts personal injury attorney could review the circumstances of an accident to determine who is legally responsible.
Recoverable Compensation in a Personal Injury Lawsuit
In a successful personal injury lawsuit, it is essential to demonstrate that the defendant caused the harm. The injured party is entitled to economic damages, such as lost income or medical expenses, and non-economic compensation for their pain and suffering and emotional trauma. An experienced accident lawyer in Kouts could determine what types of compensation are available based on the facts of a case and specific injuries and losses they suffered as a result.
A legal professional from our firm could help anticipate potential defenses to liability. For example, Indiana follows a modified comparative approach in negligence cases, meaning that if the injured person is partly responsible for the accident, their damages will be reduced accordingly. This is a common tactic among defendants and insurance companies to circumvent liability.
Typically, those seeking compensation have two years to file a lawsuit against the person or entity responsible based on the state statute of limitations, but there can be much shorter deadlines to file a lawsuit depending on the specific facts of what happened. For example, there is a shorter deadline to file a lawsuit against a governmental entity than a private party. Missing the filing deadline can result in getting barred from recovering damages entirely. That is why it is important to contact an attorney quickly after being injured.
Speak With a Personal Injury Attorney in Kouts
The Law Offices of David W. Holub can handle negotiations with insurance companies, conduct an independent investigation to determine what caused your injuries, and build a strong case for trial based on your unique circumstances.
If you have questions or concerns about injuries you sustained in an accident, contact a Kouts personal injury lawyer from our firm today.