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What is Considered “Negligence” in Indiana?


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Those who are hurt because of other parties’ negligent actions may be able to pursue financial compensation through personal injury lawsuits. However, many victims question if an at-fault party’s conduct rises to a level of carelessness that may be considered negligent.

For someone’s actions to be considered “negligence” in Indiana, they must have breached their duty of care. The duty of care that applies to your case will depend on a variety of circumstances surrounding your injury. Countless types of accidents can be caused by negligence. Furthermore, for some accidents, culpability can be shared amongst multiple parties.

If you were injured because of another person’s negligent behavior in Indiana, get help pursuing the financial compensation available to you. Contact our experienced Indiana personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.

Elements of Negligence in Indiana

Negligent behavior can come in many forms. Accordingly, there are many different ways to prove that a defendant acted negligently. However, in any injury case based on negligence, the following four elements must be established:

  • The defendant owed the victim a duty of care
  • The defendant breached their duty of care
  • You were injured because of the defendant’s breach of duty
  • You suffered damages because of your injuries

Determining whether a defendant breached their duty of care and what the duty was can be complicated. In many cases, courts will ask whether a defendant acted as a reasonable person would have under similar circumstances. If you were injured because of another person’s careless actions, our Indianapolis personal injury lawyers can help determine if the elements of negligence have been satisfied during your free case review.

Examples of Accidents Caused by Negligence in Indiana

When people act carelessly, serious harm can occur. Several types of accidents can happen because of negligent conduct. Our Hammond personal injury lawyers can provide guidance and support after suffering an injury because of one of the following types of accidents:

Slip and Fall Accidents

Slip and fall accidents are a common type of accident that occurs because of property owners’ negligent conduct. Property owners are expected to maintain their premises for the safety of visitors. Accordingly, they can be held liable for slip and fall accidents that occur because of poor upkeep and maintenance of their properties.

For example, a customer may suffer a slip and fall because a business owner failed to clear ice and snow at their building’s entrance. In that case, the business owner could be held accountable for the injuries they caused.

Car Accidents

Car accidents are another common type of accident caused by negligent behavior. Drivers are expected to operate their vehicles with reasonable care and obey the rules of the road. When motorists behave carelessly, devastating accidents can happen. The following are examples of negligent behavior that lead to car crashes in Indiana:

  • Distracted driving
  • Speeding
  • Drunk driving
  • Running red lights
  • Improper lane changes
  • Tailgating
  • Improper left turns
  • Reckless driving

Fortunately, careless drivers can be held responsible for collisions they cause. Our experienced Fort Wayne personal injury lawyers can help build your case if you were injured because of a car accident.

Construction Accidents

Workers on construction sites often perform their duties from tall heights, with powerful tools, and amongst large machinery. Accordingly, negligent conduct on construction sites is prone to causing catastrophic accidents.

Injured workers must often seek compensation through Workers’ Compensation insurance claims. However, there are instances where victims may file construction accident lawsuits against at-fault parties. For instance, manufacturers can be held liable for injuries caused by their defective products. Those filing construction accident lawsuits will have access to categories of monetary damages that are unavailable to Workers’ Compensation claimants. Our South Bend personal injury lawyers can help victims evaluate the legal pathways available to them.

Pedestrian Accidents

Additionally, pedestrian accidents are another common type of accident caused by negligent behavior in Indiana. These accidents often occur because pedestrians are struck by careless motorists who are distracted, impaired, or disobeying traffic signals. Furthermore, such accidents commonly occur at intersections and in crowded urban areas.

Severe and even fatal injuries can occur when a pedestrian is struck by a motor vehicle. Fortunately, our experienced Indiana personal injury lawyers can help injured pedestrians seek compensation for the harm they suffered.

Medical Malpractice

Lastly, some people are injured because of medical negligence committed by their treating physicians. If a doctor fails to provide appropriate treatment or provides a substandard treatment that causes an injury, their patient may be entitled to damages in a medical malpractice lawsuit.

However, proving a medical malpractice claim can be a complicated task. Plaintiffs will need to introduce expert testimony. A medical expert in a similar field must help establish that the defendant did not provide adequate care. Fortunately, our team can help gather the evidence required to hold negligent physicians responsible for the injuries they cause.

Comparative Negligence in Indiana

In some cases, both the plaintiff and defendant commit negligent actions that contribute to the accident at issue. Accordingly, Indiana courts will follow a doctrine of modified comparative negligence when awarding damages in a personal injury lawsuit. This means that monetary damages are assigned based on percentages of fault. If you were 25% responsible for an accident while the defendant was 75% to blame, then the defendant will pay for 75% of damages caused by the accident while you will account for the leftover 25%. However, if a plaintiff is over 50% to blame for a particular accident, they will be unable to file a lawsuit. Our Wisconsin personal injury lawyers can help explain how the doctrine of comparative negligence will apply to your case.

If You Were Injured Because of Another Party’s Negligent Actions in Indiana, Our Lawyers Can Help

If you were injured because of another person’s negligent behavior, seek assistance from our experienced Indiana personal injury lawyers by calling Wruck Paupore at (219) 322-1166 for a free case review.

Proven Results


Traumatic Brain Injury

Client injured in auto accident after driver ran stop sign.


Post-Concussion Disorder

Women rear-ended while stopped at red light


Medical Malpractice

Patient suffering nerve damage following hip operation.


Semi-truck Accident

Woman suffering a traumatic brain injury following semi-truck accident.


Slip and Fall

Woman suffering severe hip and ankle fracture after falling on defective step.


Post-Concussion Disorder

Man suffered headaches and other post-concussion symptoms from vehicle crash.


Semi-Truck Accident

Woman suffering post-concussion syndrome after vehicle rear-ended by tractor trailer.


Traumatic Brain Injury

Man physically assaulted at his workplace.


Nursing Home Abuse

Woman suffering physical and emotional abuse at nursing home.


Auto Accident

Woman suffered from an ankle fracture after a truck turned in front of her vehicle.


Auto Accident

Man suffered back injury after head-on collision.

***Every case is unique and your results will differ. Contact us for a free case review of your circumstance.

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Top-Rated Litigator.
Helping injury victims move forward.

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.

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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.

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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.

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