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Personal Injury Compensation Claims

In a perfect world, anyone who hurts another human through their actions or negligence feels obligated to make amends. In the real world, unfortunately, you may need a lawyer to force the wrongdoer to make it right.

Sevenish Law Firm of Indianapolis, Indiana aggressively handles personal injury claims statewide, seeking maximum compensation under the facts of the case and the available insurance coverage. Please call us day or night at 800.278.9200 to discuss your possible claim in free case evaluation.

Fault

Personal injury or “tort” claims cover a wide range of physical or emotional injuries caused by another’s actions or failure to account for your safety. Claims for damages involve different levels of fault:

  • Negligence is a failure to consider the consequences of actions (driving too fast in foggy conditions) or failing a duty to protect others (monitoring a newborn infant).
  • Strict liability refers to an assumption of fault where a clear duty to safety is owed (an auto defect that causes a crash)
  • Intentional acts are actions intended to harm (a physical assault) or knowingly risking the lives of others (playing “chicken” on the highway).

 

Legal Remedies

There are essentially two recourses for the injured victim:

  • Settlement: A direct request for compensation, usually in the form of a demand letter. Negotiations between your lawyer and the negligent party’s insurance company typically results in a personal injury claim settlement.
  • Litigation: A lawsuit, if it goes all the way to trial, will be decided by a judge or jury. Many cases still result in settlement after a suit is filed but before the trial starts (or even once the trial has begun).

 

Damages

A personal injury compensation claim in Indiana may include:

  • Medical expenses and lost wages
  • Future medical and chiropractic care, including surgery, physical therapy, medications, home modifications and special medical equipment
  • Replacement of future earnings the victim would have earned
  • Pain and suffering
  • Emotional damages (loss of enjoyment of life, emotional trauma)
  • Inability to function as a whole person
  • Disfigurement, deformity and permanency of injury

In some cases involving gross negligence (intentional acts or reckless disregard for the safety of others), the plaintiff can also sue for punitive damages. Your attorney can advise if this applies in your case.

Types of Personal Injury Claims

Sevenish Law Firm offers experienced representation in the categories listed below. However, if you have suffered any serious or catastrophic injury not reflected here, please contact us to see if we can help (or find you a quality attorney if we can’t).

Car accidents - Although all Indiana drivers are required to carry vehicle insurance, not all of them do. Navigating the whims of insurance companies after a car accident can be overwhelming to an injured victim or a grieving family. Even if liability for an accident is clear, a response from insurers may be long in coming.

Truck and bus accidents - The large size and weight of trucks and buses on Indiana highways pose a unique danger to motorists who share the road with these vehicles. Figuring out the details that led to a truck or bus accident often requires the help of experienced investigators.

Pedestrian and bicycle accidents - Although Indiana law allows bicyclists and, in some cases pedestrians, the right to share the road with cars, automobile drivers do not always show respect to  pedestrians and bicyclists.  Driving while distracted or fatigued can also result in a pedestrian or bicycle accident.

Medical Malpractice and Nursing Home Negligence - Doctors, hospitals and nursing homes can be held responsible for diagnosis failures, medication errors, surgical error, and birth injuries / birth defects. These cases involve complex and technical medical issues, and should be handled by an experienced attorney.

Premises Liability - Serious injuries may result from slip-and-fall accidents, swimming pool accidents, unsafe construction zones, assaults enabled by lack of security, and other negligence of property owners. Prompt investigation is required to document the dangerous conditions and/or lack of barriers or warnings before the negligence is covered up.

Traumatic brain injury and spinal cord injury - Injuries to the brain and/or spinal cord can produce permanent and life-altering disabilities such as paralysis, inability to control muscle movements, cognitive impairments, and even changes in personality. These patients often need expensive, full-time care after a traumatic brain injury or a spinal cord injury.

Dog Bites - The dog’s owner (homeowner) is strictly liable for injuries in Indiana, including disfigurement, nerve damage, and emotional trauma. There is no “one free bite” – you can collect damages for a serious dog bite if the animal has never attacked before.

Product Liability - A defective product (e.g., auto defect, workplace machine, power tool) causing serious harm can be grounds for a lawsuit against the manufacturer. In some cases, the injured person need only to show that the product was defective (“unreasonably dangerous” to the average user). In other cases, a lawsuit may have to show that the manufacturer or seller was negligent in designing, manufacturing, testing, regulatory compliance, or failing to warn of likely risks.

Construction Accidents - Workers cannot generally sue their employers or co-workers for workplace injuries, as medical expenses and lost wages are covered by Indiana Workers’ Compensation. However, if you were seriously injured in an industrial or construction accident, a third party (e.g., equipment manufacturer, subcontractor) may be liable for damages.

Wrongful death - An Indiana wrongful death case is usually brought by the deceased person’s personal representative or family. It seeks to compensate the family for the loss of their loved one due to an accident that would not have happened without another person’s negligent behavior. Wrongful deaths can occur as a result of car accidents, construction site injuries, slip and fall injuries, medical mistakes, and more.

Call Toll-Free 800.991.4370

We take your personal injury compensation claim seriously. Sevenish Law Firm practices law with integrity, honor and compassion. We aggressively seek maximum compensation, but we are frank with clients about the likely outcome, and strictly adhere to the ethics of our profession. Contact us today for a free claim evaluation.

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