It should be no surprise that accidents happen frequently and unexpectedly, but victims should turn to a personal injury attorney Indianapolis, IN residents can trust when they result from negligence. Although a personal injury case may seem pretty straightforward in many situations, victims should be aware that even in cases where identifying the at-fault party seems obvious, it can still be challenging to prove the claim and gain compensation. There are several ways a person considering legal action may be injured but know that it’s possible to receive a settlement for your losses. Our team from Ward & Ward Law Firm can play an integral role in proving negligence and maximizing case outcomes.
Types of Personal Injury Cases
When a person who owed a duty of care has acted negligently and the victim suffered injuries, it’s possible to take legal action. These cases are overseen by civil courts and are among the most common. Accidents happen daily, leaving victims suffering significant losses, including long-term physical pain and subsequent financial losses. Common types of accidents that may result in the victim taking legal action against the at-fault party may include:
- Car Accidents
- Medical Malpractice
- Premises Liability
- Work-Related Accidents
- Product Liability Cases
There are vast types of personal injury cases that may result from an accident. Victims should consider putting themselves first by obtaining medical treatment for their injuries and seeking legal help from a personal injury attorney that they can rely on.
Modified Comparative Negligence
In personal injury cases, modified comparative negligence is when a percentage of fault is assigned to each party involved in the accident. Currently, the majority of states recognize modified comparative negligence in these types of cases. To start from the beginning, traditional negligence encompasses four key elements:
- Duty of Care
- Breach of Duty of Care
However, in Indiana, if the victim contributed to the accident somehow, they may be found at least partially at fault for the accident. If the victim was more than 51% at fault for the accident, they might not have the opportunity to seek damages in the form of a personal injury claim for their losses. If the victim is less than 51% at fault, the amount of compensation may vary depending upon the proportion of fault they are responsible for. For example, if a victim is proven to be 25% at fault for the accident, the settlement amount may be reduced in accordance. To put this into perspective, if a victim has a claim for $100,000 and is 25% responsible, they may only be entitled to $75,000 in damages.
While it’s crucial to maximize outcomes with any personal injury case, in situations involving modified comparative negligence, it’s especially important. This is because cases where the victim is partially at fault, could result in the victim seeing a reduced settlement. Despite this, there are several ways to receive a satisfactory outcome by:
- Gathering ample evidence
- Seeking medical attention
- Refraining from posting to social media
- Contacting an attorney
- Not speaking to anyone about the case
- Referring to your attorney when insurance adjusters contact you
Even if you were partially responsible for the accident that occurred, it’s still possible to recoup some of your losses. However, to do so, victims may want to ensure that they speak with an Indianapolis, IN personal injury attorney from Ward & Ward Law Firm to ensure the best possible results.