If you have been injured as a result of the fault of another, the law may allow you to recover compensation in the form of money damages. The amount of money you can recover may depend on several factors:
FAULT AND CAUSATION
A person will be liable if they are at fault. Fault includes negligence, recklessness, and intentionally wrongful acts and omissions. It also may include criminal acts. A person at fault is only liable for the harm he or she caused. Under the Indiana Comparative Fault Act, where several people are at fault, liability may be divided between them in proportion to their fault.
DAMAGES
The amount of compensation you are entitled to may depend on:
- The nature and extent of your injuries
- The amount of any lost income
- Physical, mental and emotional pain and suffering
- Whether your injuries are temporary or permanent
- The cost of necessary medical care
- The extent of any disfigurement or deformity
OTHER FACTORS THAT MAY AFFECT RECOVERY
The amount you ultimately are able to recover may also depend on some of these additional factors:
Does the party at fault have liability insurance? If not, does he have any assets, or do you have uninsured or underinsured motorist coverage?
Were several people injured in the same accident and are they competing for a limited amount of available insurance coverage?
Are you married? If so, your spouse may have a separate claim because of your injuries.
Were your medical expenses paid by your own insurance, Medicaid, Medicare, or Worker’s Compensation? If so, you may have to reimburse that entity out of any recovery.
Were you injured by the negligence of someone acting in the course of their employment? The employer may be liable as well as the employee.
Was your injury caused by the government, a healthcare provider, or a defective product? If so, there may be special limits on liability and the amount of damages recoverable.
THE LAW IS COMPLICATED!
Please give us a call so we can fully inform you of your legal rights and evaluate your claim. We do not charge a fee for an initial consultation on a personal injury claim.
Tom Herr
Herr & Phillips, LLC
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