Serious bodily injuries can happen at a moment’s notice. While some injuries occur due to little more than bad luck, others can be entirely avoidable if not for the negligence of another person. In these cases, a compassionate personal injury attorney could help you recover compensation for your injuries.
Holding a negligent person accountable through legal action can be a challenging and time-consuming process. Before you take up a claim on your own, considering a discussion with an Evansville personal injury lawyer. An experienced attorney could provide you with the insight needed to succeed with your claim.
Negligence and Personal Injury Claims
Suffering an injury on its own will not entitle a person to financial compensation. In order to secure compensation, an injury victim must show that the person that caused the injury did so negligently. A personal injury attorney in Evansville could meet each of the four elements of a negligence claim. These elements include the duty of care, a breached duty, causation, and damages.
The Duty of Care
The starting point for every negligence claim is the duty of care. This is because if a defendant does not owe a plaintiff a duty of care, they are not responsible for their injury claim. Whether or not a duty exists will depend on the circumstances. For instance, drivers owe each other a duty to operate their vehicles in a safe manner. Likewise, property owners are required to provide certain guests with a hazard-free premises.
Once it is settled a duty of care exists, the plaintiff must next prove the defendant breached this duty. A breach can happy in many ways. In car accidents, a breach usually involves some type of traffic violation. With slip and fall injuries, a breach could include the failure to use a wet floor sign or repair a loose banister. Any careless or reckless act could qualify if it leads to an injury.
A causal link between the injury and the defendant’s conduct is also necessary. A defendant will only be financially responsible for injuries that result from their breached duty of care.
Even if the other three elements are met, financial compensation is only an option if a plaintiff can prove damages. Damages include medical bills, lost wages, and other losses stemming from an injury.
Benefit of Local Law Enforcement After an Accident
If you are injured in an accident, you may wish to contact the Evansville Police Department, along with an experienced personal injury attorney. The police department can ensure a detailed report on the accident, which may be the key to receiving proper compensation in a civil case.
Examples of essential items in a police report include:
- Time and date of the accident
- Names and contact information of those involved in the accident
- Components that may have contributed to the accident
- Contact information and testimonies from witnesses
- Reporting officer’s assessment of the accident
A report may also indicate who was at fault in the accident and provide a neutral account of the event.
Resolving an Injury Claim
There are two primary approaches an Evansville attorney can use to successfully resolve a personal injury case. The first is to obtain a financial settlement from the other party. The second is to pursue legal action and win at trial.
Most injury claims will conclude with a negotiated settlement. This settlement typically involves negotiation with the other party, their lawyer, or the insurance company.
Sometimes a settlement is off the table. This is commonly the case when the other side refuses to accept responsibility for causing an injury. In these cases, a trial may be necessary to resolve a personal injury case.
Talk to an Evansville Personal Injury Attorney Right Away
A successful personal injury lawsuit could have a life-changing effect on an injury victim. When these claims are successful, they could cover the cost of medical bills and compensate the injured for their pain and suffering. The guidance of seasoned legal counsel could make all the difference in your claim. Reach out to an Evansville personal injury lawyer right away to learn more.