Personal Injury Law in Evansville, IN
Were you hurt due to another’s negligence in Evansville? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Evansville, IN can help navigate the lawsuit to make sure you receive all of the compensation you deserve.
What Is Personal Injury Law?
Personal injury law in Evansville relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.
Examples of Personal Injury Claims in Evansville, IN
Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.
A few of the most common personal injury claims are:
- Car Accidents
- Slip and Fall
- Dog Bites
- Medical Malpractice
- Workplace Accidents
- Burn Injuries
Most Common Injuries in Evansville
Falls and auto accidents were the leading cause of injury for residents of Indiana, and Evansville Surgical states that this affects more men than women. Men, ages 1-44, are most likely to incur serious harm and even fatality in an automobile accident. They also state that between 97%-99% of driving accidents are caused by our own distractions and negligence.
Steps in a Personal Injury Lawsuit in Evansville, IN
Once you determine that you wish to proceed forward with a personal injury action in Indiana
A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations, and document production. This discovery process is lengthy and ends in either settlement or a court appearance.
Over 90% of personal injury cases end as a result of a settlement. This could happen when you first come before a judge, or during the mediation process. If your case does go to trial, a judge or jury will be the ones to decide the settlement, if any.
Indiana Personal Injury Settlement
With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.
If you go to trial seeking punitive damages in Evansville, you should remember that the Indiana State Legislature caps any punitive damages. Settlements vary based on a number of factors, such as the degree of fault and the severity of the injury. Most settlements in Evansville are in the $10,000-$20,000 range.
If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in IN, that means you risk not receiving any compensation at all.
Damage Awards in Indiana
If your Indiana personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.
Special compensatory damages reimburse you for things such as lost income, medical bills, and insurance deductibles. You submit receipts proving these losses.
General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant to compensate you for the pain and anguish.
Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific.
Damage caps for personal injuries settlements are in place in Evansville due to Indiana Code Title 34. Damages are capped at 3 times the compensatory amount, or $50,000, whichever is greater.
Statute of Limitations in Evansville, IN Personal Injury Law?
The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.
Residents of Evansville have 2 years from the date of the injury to file a claim. After this time period, the statute of limitations expires and any claim filed runs the risk of being rejected by the courts.
We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury.
Work With an Experienced Evansville, IN Lawyer
Pursue a personal injury claim in Evansville against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim. We can even help you connect with an attorney across Indiana state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!