Personal injury is a broad term used to describe cases involving tort law. Torts are any harm caused by one party to another resulting in an actual injury. Tort law, or personal injury law, is a vehicle for injured parties to receive compensation for their losses.
If you suffered harm because of another party, work with passionate and results oriented personal injury lawyers in South Bend, Indiana. Hire skilled attorneys who will fight for the compensation you need deserve.
Compensation Awarded in Personal Injury Claims
In a successful personal injury case, there are generally two types of damages awarded: compensatory damages and punitive damages. Compensatory damages are awarded to reimburse the injured party for economic losses incurred by the liable party. This financial award seeks to compensate the injured party and return them to the condition they found themselves before the negligence was inflicted onto them. Compensatory damages in Indiana can include:
- Medical treatment and prescription costs
- Property damage
- Compensation for physical pain and impairment
- Mental turmoil anguish
- Present and future lost income
In certain cases, the Court may allow the jury to award punitive damages to the injured negligence victim. However, under IC 34-13-3-4, no public employee in Indiana who is acting within the scope of their employment can be found liable for punitive damages. Public officials, agents, and emplloyees are immune from being sued for punitive damages. Private actor and entities, however, are not immune from this form of recovery. Our seasonsed personal injury lawyers in South Bend, Indiana could further explain when punitive damages might be applicable.
How Liability is Assigned in a Civil Injury Case
Liability in personal injury cases is directly tied to the concepts of duty and negligence. First, a duty must exist, which is often easy enough to establish in personal injury cases. Generally, everyone has a duty to avoid harming others whenever possible. The baseline in civil tort is known as the reasonably prudent person standard. If a person deviates from this standard, they can be found liable for their actions and the results that follow their actions.
Second, that duty must be breached, typically through negligence or recklessness. When a party breaches their duty, it means they have failed to uphold their responsibility.
Third, that breach must be the proximate cause of the harm suffered by the injured party. That harm must be actual, meaning it can be calculated or assigned by the court. This does not mean that the damage requires an affixed dollar amount, only that the injury is perceivable in some way.
Types of Personal Injury Cases in South Bend
As stated, tort cases often revolve around one party’s negligence causing injury to another. One typical example of a personal injury case involving negligence is a trip and fall claim. Trip and fall claims involve a property owner’s failure to maintain safe premises, resulting in a patron or visitor suffering injuries due to the unsafe environment.
Another typical example of personal injury cases is car and truck accidents. However, automotive accidents may result from negligence or, in the case of a drunk driver, recklessness on behalf of the potentially liable party. Cases involving commercial vehicles can also result in liability for the parent company if their actions or inaction contributed to the harm suffered by the injured party.
A few common examples of personal injury claims include:
- Medical malpractice
- Product liability
- Car and motorcycle accidents
- Truck crashes
- Wrongful death
Speak to a South Bend Personal Injury Attorney Today
If you suffered injuries because of another person’s careless or reckless behavior, you are usually entitled compensation for your injuries. Contact our office and speak with a South Bend personal injury lawyer to learn your options for pursuing your accident claim. We are here to help you through this difficult time.