Personal injury claims are one of the most common lawsuit claims in the nation. There are more than 400,000 claims filed every year. These claims arise from situations in which someone chooses to be negligent, reckless, or completely careless, resulting in either injury or death to another person.
Working through a personal injury case is best done with the help of a Fort Wayne personal injury lawyer on your side. These lawyers know the process and will help you receive the compensation you deserve following an injury.
Personal Injury Law
Personal injury law is also known as tort law. This law comes into play when a person’s action or inaction is the cause of another person’s injury, harm, or death. When the case is successful, the injured party is entitled to receive compensation for the damages and the suffering they have experienced.
Personal Injury Claims
In a personal injury claim, there are two parts. These parts are damages and responsibility. In establishing these aspects, the attorney will consider the damages and injuries that were sustained, as well as the liability of the other party that led to these injuries.
If you can prove both damages and liability, you are likely to receive compensation from the lawsuit. There are three main types of personal injury cases, which include:
- Negligence
- Medical Malpractice
- Product Liability
Negligence
Negligence is the most common reason for personal injury lawsuits. This can range from falls or slips to auto accidents. The plaintiff is responsible for proving that the defendant was negligent or reckless in some way and that negligence led to the personal injury.
The terminology is to prove that the defendant failed in their duty of care, leading to sustained injuries that caused economic and non-economic damages.
Medical Malpractice
Medical malpractice is specifically related to the medical field. This occurs when medical practitioner fails to execute their duties or deviates from their standards of practice. A medical practitioner can include hospital workers, doctors, nurses, dentists, hospice workers, technicians, and more.
Product Liability
In most states, there are strict rules related to the liability of a product sold. The production company is held responsible if the product is defective and the defect leads to an injury. An injured person can pursue a lawsuit against a manufacturer who distributes these defective products.
In this type of case, you do not have to prove negligence on the manufacturer’s part. You only need to prove the injury occurred due to the defective product.
Leading Causes of Personal Injury Cases
There are multiple reasons that a personal injury case may be brought forward. Many different injuries fall under these categories, making it hard to cover every type of accident that could occur.
These are the most common personal injury cases in the Fort Wayne area.
Car Accidents
Car accidents are the leading cause of personal injury across the United States. More than 50% of personal injury cases are from car accidents. Indiana has an average of more than 40,000 car accidents yearly.
Here are some statistics related to car accidents in Indiana:
- More than 5,000 accidents occur in work zones
- Close to 20,000 accidents stem from speeding violations
- 90% of passengers in accidents are wearing their seatbelts
These cases often lead to life-changing injuries and should be represented by legal counsel on behalf of the injured party.
Semi Accidents
Semi-accidents fall right after car accidents in terms of numbers. In recent years, semi-accidents accounted for more than 16,000 accidents within the state. Semi accidents are not solely semi trucks but can involve any commercial vehicle. This includes semis, buses, pickups, large-capacity vehicles, and other similar commercial vehicles.
Bicycle Accidents
Bicycle accidents are all too frequent in Indiana as well. This is a common method of transportation around the state, and many drivers don’t pay enough attention to their surroundings, which puts cyclists at risk. There remains a lack of bike lanes to add protection.
On the flip side, if cyclists ignore traffic laws, they too are negligent and cause risk to others around them.
Premises Liability
A property owner is responsible for ensuring the premises are safe so that injuries do not occur. Slip and fall injuries are another top personal injury case type in Indiana. These stem from improper maintenance, poor security, or negligence of the property.
Establishing a Personal Injury Claim
When a personal injury claim is presented, an attorney reviews the case and helps to acquire any necessary evidence or proof to help the plaintiff take on the system. The case considerations involve reviewing damages, costs, insurance, and other factors.
Establishing damages requires the plaintiff and their attorney to prove that the other party was negligent or reckless in some way, leading to the injuries involved. They can include various expenses in the lawsuit, including economic and non-economic expenses.
An Attorney Can Help with Your Personal Injury Case
If you or a loved one has experienced an injury based on the above information, you may have a personal injury case to bring forward. Get in contact with an experienced Fort Wayne personal injury lawyer to determine your options and seek compensation for your injuries.
