Common Personal Injury Claims in IN
A personal injury or tort claim arises when one person is injured as a result of someone else’s negligent, reckless, or malicious behavior. There is a wide range of personal injury claims, but each of them fundamentally breaks down to one person owing a duty of care to another person, the responsible party breaching that duty of care, and the victim being injured as a result. That duty might refer to a driver’s duty to operate a vehicle safely and in accordance with traffic laws, the duty a physician owes a patient, or the duty a store manager owes customers. Below, we discuss several of the most common types of personal injury claims that arise in Indiana. Reach out to an Indianapolis personal injury lawyer with any questions if you or a loved one has been injured as a result of someone else’s negligent or reckless conduct in Indiana.
Car crashes remain the leading cause of death for all Americans aged one to 54 years old. Every year more than 38,000 people across the country are killed in traffic crashes, and hundreds of thousands more are injured. Drunk driving and distracted driving (texting while driving) are the leading contributing factor to vehicle crashes, be they truck, motorcycle, car, or pedestrian accidents. If you were injured in a car accident, there is almost certainly someone to blame. You have the right to hold the responsible driver liable for the harm they have caused you.
Slip & Fall
Slips, trips, and falls are deceptively dangerous. A slip and fall can easily cause a person to suffer trauma to their head, leading to traumatic brain injuries (TBI). Even a minor TBI such as a first concussion can have long-lasting consequences, while more severe TBIs can lead to coma and death. Slip-and-falls also commonly lead to hip fractures, back injuries, knee problems, and wrist fractures.
Slip-and-falls can happen in private residences, professional offices, apartment buildings, or stores such as supermarkets. So long as the owner or operator of the premises either knew or should have known about the hazard that led to the fall (wet floor, inadequate lighting, uneven surfaces, loose electrical cables, etc.), then they may be held liable for any injury that results.
Medical professionals owe a duty to their patients to adhere to the prevailing medical standard of care. When a doctor, nurse, or other medical professional fails to live up to that standard, and a patient suffers as a result, the doctor and the hospital or medical office are liable. Medical malpractice can manifest in many ways, including botched procedures, prescription errors (prescribing the wrong medicine, prescribing the wrong dose, giving the patient the wrong medication or dose), failure to diagnose a condition, delayed diagnosis, nursing home neglect and abuse, misdiagnosis, and many others. Any time a doctor, pharmacist, nurse, or even hospital staff member fails to provide adequate care, the medical practice is liable for any resulting harm that comes to the patient.
Slip & fall claims are technically one type of premises liability claim. Premises liability refers to legal claims that arise because a victim was injured on someone else’s property, and the property owner or manager was somehow responsible. If the property owner failed to conduct appropriate repairs (such as to a staircase or elevator) or failed to warn about hazards (such as a weak floor or ceiling), or otherwise created or permitted a hazard to injure guests, the property owner is liable for any injury caused.
Product Liability/Product Defect
Defective products claims arise when a manufacturer allows a product to be put into the market and that product has some preexisting flaw, which leads to injury. There might be a defect in the design of the product, such as an airbag that fails to deploy under certain conditions, or there might be a defect that arises in the manufacturing process, such as if a particular factory failed to install the electrical wires appropriately in a line of clothing dryers creating the risk of an electrical fire. Products might also be defective if the manufacturer fails to adequately warn consumers of potential dangers, such as if a medication is sold without a warning about certain side effects.
Call for Help With a Personal Injury Claim in Indiana
If you or someone you love has suffered injury as a result of someone else’s negligence in Indiana, contact the dedicated and effective Indianapolis personal injury lawyers at Lee Cossell & Feagley, LLP for a free consultation on your case at 316-631-5151.