Defendant's Attorney: Indianapolis, Indiana insurance defense lawyer represented the Defendant.

Description: Indianapolis, Indiana personal injury car wreck lawyers represented the Plaintiff who sued the Defendant on an auto negligence theory.

This case was filed in the Marion County Superior Court, 49D05-2202-CT-00407, and was removed to federal court by the Defendants.

Indiana personal injury negligence law:

Elements of a Negligence Claim:

To successfully file a personal injury negligence claim in Indiana, you must prove the following elements:

Duty of care: The defendant owed you a duty of care to act reasonably and avoid causing harm. This duty arises from various relationships, such as driver-pedestrian or doctor-patient.
Breach of duty: The defendant breached their duty of care by acting in a way that a reasonable person would not have, directly leading to your injury.
Causation: The defendant's breach of duty directly caused your injury. This means there wouldn't have been an injury without the defendant's actions.
Damages: You suffered actual harm, such as physical injury, mental anguish, or financial losses, as a result of the defendant's negligence.

Contributory Negligence:

Indiana follows a comparative fault system with a 51% threshold for contributory negligence. This means:

If you are less than 51% responsible for your injuries, you can recover damages from the defendant, but your recoverable damages will be reduced by your percentage of fault.
If you are 51% or more responsible, you cannot recover any damages from the defendant.

Statute of Limitations:

Generally, you have two years from the date of your injury to file a personal injury lawsuit in Indiana. There are some exceptions to this rule, so it's crucial to consult with an attorney to ensure you don't miss the deadline.

Damages:

If successful, you may be entitled to compensation for:

Medical expenses: Costs associated with treating your injuries, including hospital bills, doctor visits, and medication.
Lost wages: Income you were unable to earn due to your injuries.
Pain and suffering: Compensation for physical and emotional distress caused by the injury.
Disability: Compensation for permanent or long-term limitations caused by your injuries.
Property damage: If your personal property was damaged in the accident.


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Outcome: Settled for an undisclosed sum and dismissed with prejudice.

Plaintiff's Experts:

Defendant's Experts:

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