How is negligence proven under Indiana law?
Even if it seems that the person who injured you is obviously at fault, proving liability in a personal injury lawsuit can be a complicated matter. A number of legal bases have to be covered. First, it must be established that the person you are suing owed you a duty of care, and that the duty wasn’t met.
It must also be shown that your injury would not have occurred if the defendant had not failed to meet that duty of care. The failure must also have caused, at least in part, your injury.
Under Indiana law, the concept of contributory negligence is recognized. That means the amount of compensation an accident victim can recover may be reduced if the victim’s actions somehow contributed to his or her injury.
For example, what if a car accident victim wasn’t wearing a seat belt when the crash happened? While not wearing a seat belt didn’t cause the collision, the amount of compensation the victim can recover may be limited to the extent that not wearing a seat belt contributed to the injury.
In Indiana, to receive compensation in a personal injury lawsuit, it must be shown that the defendant’s negligence was greater than yours. Of course, a plaintiff would be entitled to the full measure of compensation if the defendant was wholly responsible for the accident.
To receive the compensation you need and deserve, you may need to speak with a personal injury attorney about gathering the necessary evidence to prove that your injury was caused by the other party’s negligence. Evidence in these cases is often time-sensitive, and injured victims would be well advised to begin mounting a negligence claim sooner rather than later.