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It is not always easy to classify personal injury cases. The category of “personal injuries” is broad, and the state of Indiana has specific requirements of parties interested in pursuing applicable compensation.
If you or a loved one endured an injury in Indiana, do not let the complexity of personal injury cases keep you from fighting for justice. Get in touch with a Bloomington personal injury lawyer for guidance.
Identifying Personal Injury Cases
The term “personal injury” covers a broad category of incidents that may plague an Indiana resident. Common personal injury cases involve:
Car and Motorcycle Accidents
Every driver on the road in Indiana owes their fellow drivers a duty of care, as established in Indiana Code §9-21-8-37. In accordance with this duty of care, motorists may be accused of negligence in personal injury accident if caught:
• Speeding
• Deliberately violating traffic laws
• Endangering pedestrians
• Driving while distracted
• Driving while intoxicated
Medical Malpractice
Addressing instances of medical malpractice in Indiana is slightly more complicated than addressing other instances of alleged personal injury. To take a medical malpractice case to civil court, Indiana Code §34-18-7-3 states that interested parties must first seek out the opinion of a medical review panel regarding their condition. The prosecution may only proceed with a case if this panel awards its approval.
Applicable instances of medical malpractice in Indiana can include failure to diagnose, misdiagnosis, unnecessary surgery, surgical errors, premature discharge from a hospital, and deliberate surgical negligence.
Product Liability
Anyone who suffers an injury or equivalent losses due to the negligence of a manufacturer can file a suit for compensation in the state of Indiana. According to Indiana Code §34-20-3-2, these suits cover parties enduring medical conditions brought about by the use of asbestos as well as by conditions wrought by defective products released by manufacturers across the United States.
Slips and Falls
Parties who invite others onto their property, like motorists, medical professionals, and manufacturers, owe all visitors due care. Indiana Code §34-31-11-3 states that while trespassers may not receive the same care diligence owed to invitees and licensees, there are some circumstances under which trespassers may file personal injury claims for losses faced on someone else’s property.
With this in mind, property owners who fail to maintain their property or equip it with adequate security may face charges of negligence should someone become injured on their land.
Fighting for Compensation After a Personal Injury
To fight for compensation after an accident, a Bloomington personal injury lawyer has to identify the responsible party. Additionally, the plaintiff’s attorney needs to prove several elements.
A Lack of Reasonable Behavior
The defense, while in control of some property with which the prosecution interacted, failed to behave like a reasonable person would. This could mean driving recklessly, failing to maintain a piece of land, or producing a product that did not meet industry safety guidelines.
Causation
With lack of reasonable behavior established, the prosecution must show that said lack of behavior directly resulted in their accident. Further, the prosecution must prove that the accident in question caused the majority of the damage that the prosecution suffered.
How Does Someone File a Civil Claim?
Personal injury cases fall under the umbrella of tort claims, a monetary claim for damages awarded based on the at fault party in an accident. When filing for a claim in Bloomington, Indiana, state law requires claimants to submit a written letter including specific information about the individual and the accident within 180 days of the event. Claimants should also include any documentation to be used as evidence for the claim. Documentation, along with the written letter, can be addressed to:
City of Bloomington
Risk Management Division
401 N. Morton St., Suite 220
Bloomington, IN 47402
The court will then approve or deny the claim within 90 days of the submission.
Statute of Limitations
The State of Indiana notes that all parties interested in filing personal injury cases must do so within the state’s statute of limitations. According to Indiana Code §34-11-2-4, this means that all impacted parties have two years from the day an accident takes place to submit a claim. Failing to submit a claim within this period of time will see the state waive a person’s right to compensation for their losses.
Connect with a Bloomington Personal Injury Attorney Today
Suffering personal injuries at the hands of another party can leave you feeling helpless and alone. Fortunately, legal help is available. A Bloomington personal injury lawyer could help you seek compensation for a wide range of damages including pain and suffering, mental anguish, lost wages, and loss of enjoyment of life. Reach out today to schedule a consultation.
