How to File Suit Against Someone Who Has Wrongly Injured You

Posted on October 27, 2021 by Admin

After being seriously injured because someone else caused you harm, you deserve to be supported financially through your recovery. Your first step to obtaining compensation for your damages and losses is to file suit against the person who has wrongly injured you.

Continue below for a step-by-step introduction on how to get started with a personal injury claim in Indiana, beginning with learning your eligibility.

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Learn Your Eligibility for Filing a Personal Injury Claim

Your first step to filing suit against a party who has caused you damages and losses as a result of an injury is to consult with an Indianapolis personal injury lawyer. They have the experience, knowledge, and resources to accurately assess your case and determine the best course of action for obtaining compensation for your damages.

You may be entitled to a settlement or Social Security verdict. If you were injured on the job, you should be covered by workers’ compensation insurance, unless you are a crew member of a vessel or railroad worker. In these cases, you would have to sue your employer if you are injured on the job.

Once you hire an accident lawyer to represent your personal injury claim, the rest of the process is in their hands. This means you are in good hands and only need to worry about your physical and emotional recovery.

Types of Personal Injury Damages

Damages may include compensatory losses such as hospital bills, medical expenses, lost paychecks, and similar calculable expenses. In some cases, damages might also include non-economical sufferings, such as pain, mental anguish, permanent disfigurement, loss of consortium, loss of ability to earn an income, and so forth. In cases in which the at-fault party was particularly reckless or acted with intent, you may be able to collect punitive damages, which are solely meant to punish the wrongful party for their horrendous actions or inactions.

Choosing a Personal Injury Law Firm in Indiana

There are thousands of personal injury lawyers to choose from in Indiana. But it is important to understand that not all law firms are alike. Some have more experience than others, and some are better well-versed in the type of accident you are filing suit for. Be sure to choose an Indiana civil litigator who has plenty of experience, accolades, and positive client testimonials. When it comes to collecting the maximum settlement for your claim, the right personal injury attorney will make all the difference.

Are you wondering who can represent your personal injury case best in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your personal injury claim.

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What is Comparative Fault in a Personal Injury Case?

Posted on October 21, 2021 by Admin

If your accident was partially your fault, can you still bring about a personal injury claim against the other at-fault party? Continue reading to learn about shared-fault states, including facts about comparative negligence in personal injury cases and whether or not Indiana accepts and recognizes such legal principles.

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Personal Injury Comparative Fault Facts

Comparative fault, also known as comparative negligence, is a legal principle of tort law that is applied to accidents in which both parties involved are partly to blame. It states that when an accident of any kind takes place, the negligence or fault of each party is founded on their separate roles in the accident. Comparative fault principles allow insurance companies to assign fault, and therefore pay insurance claims accordingly.

Comparative Versus Contributory

Do not confuse comparative negligence for contributory negligence, also called contributory fault. These are two separate kinds of tort law principles. As mentioned, comparative fault/negligence refers to taking into consideration the fault of each party in an accident, and then using the difference of faults to assign a value to the accident claim.

Contributory fault, on the other hand, is a very strict legal principle that does not allow an injured person to collect compensation through an injury claim if they are partly responsible for their own accident. In a state that applies contributory fault, one cannot bring about a casualty claim against any other involved parties regardless of how little at-fault they are for their accident.

Very few states follow the contributory negligence system; ones that currently do include Maryland, Virginia, and Alabama (also Washington D.C.). Indiana is a modified comparative fault state.

Pure and Modified Comparative Fault

States that follow the comparative fault tort law principle will use either a pure comparative fault system or a modified comparative fault system. Under pure comparative fault, a claimant’s accident claim value will be lowered by the actual percentage of fault they are for their accident.

For instance, if a claimant is 99% to blame and damages add up to $100,000, they could recover $1000 in compensation under a pure comparative negligence system. Modified comparative negligence is a bit more lenient, as it allows a claimant to collect personal injury compensation for their damages so long as they are less than 50% at-fault for their accident.

Are you looking for a skilled lawyer who can help you recover the maximum settlement for your Indiana personal injury claim? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys, today. We take cases all throughout the state.

Can a Minor File a Personal injury Claim?

Posted on October 13, 2021 by Admin

Can juveniles under the age of 18 years old bring about a personal injury claim against a party who has caused them injuries and damages? That is the question many families want to know here in the Hoosier state and all across the nation. Continue reading to learn the facts about injured minors and personal injury lawsuits, including who to talk to in Central Indiana for expert advice and legal counsel regarding your child’s recent accident.

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Minors Do Not Have Legal Standing

As an example, imagine that 17-year-old Gregory gets a ride home from school with his friend’s dad. On the way home, his friend’s dad runs a red light and causes a serious car accident that injures Gregory severely. Can Gregory, as a minor, bring about a personal injury lawsuit against his friend’s dad for reckless driving? The answer is, under certain circumstances.

Although minors are just as susceptible to being wrongfully injured in an accident as adults are, they cannot bring about a personal injury claim on their own behalf because they do not have legal standing, even if they are being represented by a competent accident attorney. The exception to this rule would be emancipated minors.

Legal standing refers to intellectual and emotional capacity to sue. The law believes that children under the age of 18 years old do not have such capacity to bring about a lawsuit, regardless of maturity or intelligence. However, there are ways around this in a court of law.

Next Friend or Guardian ad Litem

Minors who are injured wrongfully by another person or entity may bring about a personal injury lawsuit if they successfully asked the court to appoint them a next friend or Guardian ad litem. The term used in civil court varies among jurisdictions, but they both refer to an adult who serves as an injured minor’s lawful representative in a personal injury lawsuit.

The process of requesting a next friend or Guardian ad litem is typically speedy and uncomplicated, only requiring a little bit of paperwork. Once a legal representative is appointed, they can begin the process of filing a personal injury lawsuit on behalf of the minor. The very first step in this process would be to hire a skilled Indianapolis personal injury lawyer.

If the personal injury lawsuit is successful, the compensation does not go directly to the minor. Instead, the legal representative of the minor is responsible for placing the proceeds into a safe investment until the minor turns 18 years old. The placement of the proceeds must also be approved by the court.

Parents of Injured Children

The process of requesting and being granted a next friend or Guardian ad litem is only applicable in cases in which children do not have legal guardians or parents caring after them already. If your child or teenager was recently injured in an accident that was not their fault, you have legal grounds to bring about a personal injury claim on their behalf. Consult with an Indiana personal injury law firm as soon as possible before the statute of limitations runs out on your claim and all evidence is lost to support your case.

Are you looking for a seasoned Indiana accident attorney to represent your child’s injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free initial case evaluation with a civil litigator who specializes in child personal injuries in Indianapolis, Indiana.

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Is it Too Late to File an Injury Claim After My Auto Accident?

Posted on October 4, 2021 by Admin

If you were recently injured in a car accident in Indianapolis, it is critical to get started on your injury claim as soon as possible. Continue reading to learn what you need to know about personal injury statutes of limitations, including how long you have to file a claim after an auto accident in Indiana.

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Indiana Statutes of Limitations for Car Accidents

It is strongly advised by veteran personal injury attorneys to file a car accident claim as soon as you are physically capable, even straight from the hospital bed if possible. Acting fast is important because it protects the evidence supporting your claim, plus allows you to avoid missing the filing deadline set by the state, known as the statutes of limitations.

Statutes of limitations are set time periods for filing civil claims. They vary depending on the type of civil case, but for most personal inju r ies, Indiana gives claimants 2 years from the date of the accident to bring about a claim against an at-fault party and their insurance carrier. This includes car acci d ents.

The Importance of Filing on Time

Once the statute of limitations expires, claimants lose all eligibility to bring about a personal injury car accident claim in civil court. There are some exceptions to the rules of these limitations, and in some cases, the statute of time can be extended. It is important to talk to your skilled Indiana car accident lawyer for help understanding the limits and deadlines surrounding your claim.

Even if you think you missed the deadline, contact a lawyer anyway. You may have more time than 2 years to file your particular type of personal injury claim.

Car Accident Legal Tips:

⇛ Seek medical attention immediately.

⇛ File a police report at the scene of the accident or at the hospital.

⇛ Take pictures and video evidence of the scene of the accident, if possible. You can also ask a police officer, witness, or friend to do this for you.

⇛ Keep all documentation, including police report, medical treatment reports and records, witness statements and contact information, and media of the scene.

⇛ Contact a personal injury lawyer to learn your eligibility for pursing legal action against a responsible party.

⇛ Follow all instructions and guidance suggested to you by your car accident personal injury lawyer.

⇛ Stay away from all social media platforms until your case has been settled.

Are you looking for a seasoned injury lawyer who can help you win your car accident case? Contact Carl Brizzi LAW at 317-636-7497 to file a car accident claim in Indianapolis, Indiana. Our experienced personal injury lawyers represent clients all throughout the state.

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Monthly Archives: October 2021