Personal Injury

Personal injury lawsuits in Indiana are the result of someone's negligence toward another, causing the plaintiff to suffer emotional or physical injuries, property or economic losses, or other personal damages.  General negligence is defined as not exercising prudent care under circumstances where a reasonable person would do so.  In order to prevail in your personal injury case, your attorney must prove negligence, meaning that the defendant (negligent party) was responsible for your personal injuries, and that, but for his negligence towards you, you would not have been injured. The following is designed to give you a basic understanding of a personal injury claim, but please call Yoder & Kraus for a consultation regarding your particular circumstances.

ELEMENTS OF NEGLIGENCE UNDER INDIANA PERSONAL INJURY LAW: Duty, Breach of Duty, Causation, and Damages


In general, Indiana laws governing negligence and personal injuries require that people behave reasonably in order to protect others from harm.  Legal standards of behavior are expressed as what a reasonable person in the community would do under similar circumstances.  This "duty" imposed is based on rationality and safety.

If a person (defendant) acts unsafely, or fails to act in a manner deemed safe and reasonable, then he may be considered to have "breached his duty of due care" to others, specifically to the plaintiff who was injured.

If the defendant's breach of duty causes injury to the plaintiff, then the defendant may be liable for the damages to the plaintiff caused by the defendant’s breach of duty.

DAMAGES AVAILABLE TO INJURED PARTIES UNDER INDIANA PERSONAL INJURY AND NEGLIGENCE LAWS: Compensatory and Punitive

Compensatory damages are an award of monetary damages intended to compensate a plaintiff or injured party for economic and non-economic losses and damages sustained due to the wrongful or unlawful act of the defendant.  Economic damages can include medical bills (past, present, and future), lost wages (including future lost earning potential), money for damaged or destroyed property, or medical equipment needed in the future.  Non-economic damages include pain and suffering, loss of lifestyle, loss of consortium, embarrassment, depression, disfigurement, or loss of emotional support.
Punitive damages in an Indiana personal injury lawsuit, when awarded to the injury claim plaintiff, are used to punish a party defendant who committed a wanton, reckless, malicious, or wrongful act causing personal injuries and losses.  Punitive damages awarded in an Indiana personal injury lawsuit judgment are also meant to deter others from the same conduct.

WE HANDLE ALL TYPES OF INDIANA PERSONAL INJURY CLAIMS

If you or a loved one has been injured, and you know or suspect that it was due to the negligent or intentional conduct of someone else, Yoder & Kraus can help.