Indianapolis Personal Injury Lawyer

When a person suffers a physical or emotional injury, or sustains damage to their personal property, it is generally covered by the law as a "personal injury.” Personal injury law, also known as "tort" law, allows for recourse by the injured party: to seek compensation for the damages inflicted by the action or inaction (intention or negligence) of another. Personal injury law exists at the state and federal levels to protect you and your rights. Legally, torts are defined by three elements: an existant "duty," or responsibility between the defendant (the wrongdoer) and the plaintiff (the injured); a breach of that duty; damage as a result of that breach. When and if these three elements coincide, a personal injury, or tort, has occurred.

Citizens are expected not to harm each other; the laws of the country reflect this. A natural extension of this bodily freedom from harm is protection of personal possessions. When a person chooses to ignore this responsibility and inflict harm on another person or possession, he or she becomes liable to the relevant tort laws.

In committing a tort, an individual may act intentionally, or negligently - failing to act. Whether the individual intends to cause harm or injury or simply fails to take appropriate action which results in harm, he or she is violating personal injury law. For example, if a person throws a brick through the window of your car, they have committed an intentional tort. If a careless driver crashes into your car, he or she has committed a negligence tort. In both cases the action or inaction of the other party is responsible for the damage, but the mindset of that person varies - intentional or negligent. Note that criminal violations may also stem from these actions - clearly throwing a brick through a window is a criminal action and the careless, reckless, or drunk driving that may be responsible for the second incident could well be criminal as well. These charges would be separate from the civil, personal injury violations.

An additional form of personal injury law is known as “strict liability.” In strict liability, blame is assigned much more harshly for injury and damage, with no consideration of intention, negligence, etc. In these cases, any occurence of injury is automatically considered a violation of tort law. For example, manufacturers accept the responsibility of maintaining the safety of their products, when used as directed. In the case that someone is injured by a product, strict liability means that a tort has been committed, with no burden to prove intent or negligence. All that is required in proof that the product was defective through no fault of their own, and that harm resulted.

After a personal injury has occurred, it is the responsibility of the defendant to rectify the damage done. In legal terms, “damages” refers to whatever the plaintiff (the injured party) is owed to compensate for the loss. The damages may be agreed upon by the two parties informally, through an insurance settlement, or by some other means. All too often, however, the compensation offered by the responsible party do not fully compensate for the loss. When the plaintiff has suffered physical injury and been unable to work, this may be especially true. Through the mechanism of personal injury law, liablity, responsibility, and fair compensation can be determined.

Though most of us feel that "it won't happen to me," you may find yourself the victim of a personal injury. There are several things you can do to help yourself. First and foremost, be sure to seek proper medical attention, and to follow up with the necessary, relevant authorities as well as your own insurance company. If it is your belief that your injury has been caused by carelessness (negligence) or intentional act on the part of another, it is in your best interest to discuss this with a qualified attorney. Make this call as soon as possible. In the meantime, avoid discussion of the matter with strangers and/or any staff from insurance companies other than your own. Cooperate with police, physicians, and your own insurance company. In most cases, personal injury laws contain a statute of limitations, which means that there is a set limit of time on filing a lawsuit.

If you or a loved one is in need of legal assistance, call C. Dennis Wegner & Associates at (317) 576-0066 or toll free (800) 266-LAWS or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.