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Frequently Asked Questions by our clients in Indiana

 


Q:

What would I have to prove to be successful in a personal injury claim?

A:

There are three things that must be provided in any claim for personal injury before any money could be recovered from someone who injures you (or more likely recovered from their insurance carrier.) 

1.         Liability - Who caused the event (accident) that injured you?  You must prove that someone else acted carelessly.  You cannot recover for injuries that were caused by your own carelessness. 

2.         Causation - You must show a direct link between the careless behavior of another and your injuries.  For example, even if someone hits you with their car you could not recover for a herniated disk in your back if the evidence shows that the disk was injured when you moved a piano.  You cannot prove causation. 

3.         Damages - Sometimes when people behave carelessly there are no consequences.  When there are consequences (injuries to others) the parties in a personal injury claim must attempt to work together to calculate damages.  What losses did the careless behavior cause?


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