Negligence claims are the basis of most personal injury cases in Indiana. They provide the legal mechanism by which accident victims can hold negligent or reckless parties responsible for the injuries they cause. State law establishes specific requirements that plaintiffs must satisfy to prove negligence and recover compensation, while also imposing limitations on recovery when injured parties share fault for their own injuries.
At Team Green Law, we have in-depth knowledge of Indiana negligence laws and leverage that understanding to build compelling cases that maximize compensation for injured clients. Our Fort Wayne personal injury attorneys know how to prove each element of negligence while defending against claims that you contributed to causing your own harm.
Elements of Negligence
Indiana law requires plaintiffs to establish four distinct elements to prevail in negligence cases. Failure to prove any single component defeats the entire claim. Each element serves a specific purpose in establishing liability:
- Duty: The defendant owed you a legal obligation to conform conduct to a particular standard of care to avoid creating unreasonable risks. The relationship between the parties and the surrounding circumstances determines which duties exist and their scope.
- Breach: The defendant violated the applicable duty through action or inaction that fell below the required standard of reasonable care. Plaintiffs must show how the defendant’s conduct departed from what reasonable persons would have done.
- Causation: The defendant’s breach directly and proximately caused your injuries, meaning harm would not have occurred but for the negligence. Proof requires showing both actual cause and foreseeability of harm.
- Damages: You suffered actual compensable harm, losses, or injuries as a direct result of the defendant’s breach of duty. Damages must be quantifiable by evidence of medical expenses, lost income, pain and suffering, or other recognized losses.
Meeting this burden of proof demands comprehensive evidence collection, expert testimony, and persuasive legal arguments connecting the defendant’s conduct to your injuries. The personal injury lawyers at Team Green Law methodically develop cases to satisfy each required element and overcome defense challenges to your claims.
Negligence Per Se
Indiana recognizes the doctrine of negligence per se, which allows violations of statutes or regulations designed to protect particular classes of persons to establish breach of duty automatically. When defendants violate safety laws and injure persons, the laws are intended to protect; courts may find negligence without requiring plaintiffs to prove what a reasonable person would have done under similar circumstances.
For example, drivers who cause accidents while violating traffic laws may face negligence per se liability if their statutory violations directly caused collisions and resulting injuries to other motorists or pedestrians.
Indiana Comparative Negligence
Under Indiana’s comparative negligence laws (Ind. Code § 34-51-2-5), your damages are reduced in proportion to your share of fault for an injury. However, recovery is completely barred if you are 51% or more at fault.
Defense attorneys aggressively pursue comparative fault arguments to reduce their clients’ financial exposure or eliminate liability through the 51% bar. We counter these tactics by presenting strong evidence of the defendant’s fault while minimizing any suggestion that you contributed to causing your own injuries.
Indiana Contributory Negligence
Indiana abandoned pure contributory negligence in favor of the modified comparative fault system, which allows partial recovery when a plaintiff is less than 51% at fault. However, some Indiana car accident laws and other legal doctrines still apply the contributory negligence principle when evaluating a plaintiff’s conduct and its impact on recovery rights.
Courts consider whether plaintiffs exercised reasonable care for their own safety when assessing comparative fault percentages. Evidence that you failed to wear seatbelts, ignored traffic signals, or otherwise acted carelessly can increase your assigned fault percentage and reduce your damage award.
Government Entities Exception
Under the Indiana Tort Claims Act, lawsuits against government entities are subject to different procedures and standards than typical negligence cases, including special notice requirements and limits on damages. Indiana Code § 34-13-3-3 sets forth the rules under which governmental immunity applies and when plaintiffs may seek compensation for injuries resulting from government negligence.
What Damages Can Be Awarded In An Indiana Negligence Claim?
Indiana law permits injury victims to recover both economic and non-economic damages that fully compensate for all losses caused by the defendant’s negligence. Damage awards aim to restore plaintiffs to the position they occupied before injuries occurred, though no amount of money can truly undo serious harm.
Actual Damages
Actual damages constitute your financial and intangible losses. Indiana negligence claims allow you to pursue compensation for both. Depending on the severity of your injuries and losses, you may recover:
- Current and future medical costs
- Lost income and earning capacity
- Vehicle and property damages
- Household service expenses
- Home and vehicle modifications
- Pain and suffering
- Diminished quality of life
- Disability or permanent impairment
- Scarring and disfigurement
- Loss of consortium for families
- Wrongful death for families
Injury victims must keep copies of all bills, invoices, and receipts for out-of-pocket costs. Wage loss statements and a journal documenting pain and suffering also help establish these damages.
At Team Green Law, our Indiana personal injury attorneys collaborate with economists, medical professionals, and vocational specialists to accurately project lifetime economic damages for catastrophic injuries requiring ongoing care.
Indiana Statute of Limitations on Negligence Claims
In Indiana, you must file negligence claims within two years of the injury date, or risk permanently losing your right to recovery. This deadline applies to most personal injury cases, though exceptions exist for minors, victims of fraud, and individuals with diminished mental capacity.
Speak to a Reputable Fort Wayne Personal Injury Lawyer Today
Don’t allow unfamiliarity with legal requirements to jeopardize your right to fair compensation after sustaining injuries caused by another party’s negligence. Contact Team Green Law or complete our online contact form to schedule a free case review with an experienced Indiana personal injury attorney.
Team Green Law will evaluate your claim, identify strengths and weaknesses, and explain your legal options for recovering compensation. We handle all cases on a contingency basis, meaning you pay nothing unless we secure compensation through a settlement or a judgment.
