Personal injuries cause more than just physical pain and discomfort. They also cause financial distress due to mounting bills for medical treatment, physical therapy, and other costs related to dealing with the injury itself. In many cases, the best way to get relief for the financial pressures of a personal injury is to file a lawsuit against whoever was responsible for causing it.
If you can prove that another person or entity violated their legal duty to you and caused your injury, you can sue them to recover damages. Damages will include, among other factors, the cost of the medical care that is reasonably related to your injuries. Examples include surgeries, hospital stays, and even hospital parking.
To learn more about your case and what you stand to recover through legal action, reach out to the seasoned Indiana personal injury attorneys at Wruck Paupore. Get your free initial case evaluation today by calling us at (219) 322-1166.
If you were recently injured in Indiana, you should pay close attention to who might have been responsible for causing you harm. If another person or entity behaved negligently, recklessly, or intentionally in causing your injuries, you likely have the ability to file a personal injury lawsuit. A legal claim after a personal injury may be the best way to get you the compensation you need to deal with medical bills.
The most common theory used in personal injury lawsuits is negligence. Negligence exists where the defendant owed the injured victim a duty they failed to meet, thereby causing the accident and the resulting harm. The law breaks this down into four key elements: duty of care, breach of duty, causation, and damages.
This term refers to the legal obligations that certain people or businesses owe to others as a direct result of their relationship. For instance, doctors owe certain duties of care to their patients, which are different from those a restaurant owner owes to their patrons or those that a driver owes to other drivers, pedestrians, passengers, and bicyclists on the road. You will not only have to prove that a duty existed but also show what the duty entails.
It is important to explain what the duty of care requires in your case because the next step of your claim is showing how the defendant fell short of their responsibilities. Breach of duty can come through failing to act in addition to a negligent action. For instance, a property owner will be considered in breach of their duty to social guests for a dangerous front step, whether they installed the step themselves or knew about the hazard and failed to fix it or warn the guests.
Once you have established that the defendant failed to meet the duty they owed you, you must then prove that their failure was the cause of the accident. It is especially helpful for this element to report your accident and seek medical attention immediately afterward to record that the accident and injuries happened at the same time.
To have a valid personal injury lawsuit, you must be able to show that your condition caused you harm. This element is used to calculate your damages, including compensation for your medical expenses. If you need help recording and calculating expenses and losses related to your personal injury, we recommend that you reach out to a seasoned Indianapolis personal injury attorney for assistance.
Any medical expenses that are reasonably related to the injuries suffered in the accident will be compensable in Indiana. In other words, you could recover for any costs that you incur as a result of your injuries.
This, of course, includes the bills for any hospital or specialist treatment of your injuries, including ambulance fees, emergency procedures and surgeries, medications, and hospital stays. You can also recover for the cost of continued treatment, which may include rehabilitative physical therapy services.
But this list is not exhaustive. Your condition may force you to make accessibility modifications to your home. You may require the use of artificial aids, such as wheelchairs, crutches, or prosthetics. Some may even require assisted live-in care or placement in an assisted living facility.
All of these and more that are reasonably related to your injuries create substantial costs for which you can recover through a lawsuit. Even hospital parking costs should go into the calculation of damages.
You may not realize on your own how much you stand to recover through legal action after an accident in Indiana. We recommend that you get a full accounting of what you are owed with the help of an experienced Hammond personal injury attorney.
If you believe that you may have a claim and need help pursuing justice, the South Bend personal injury attorneys at Wruck Paupore can help you today. Reach out to our offices to get a free initial case evaluation by calling (219) 322-1166.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.