Where there is a wrong, there is often always a remedy. For this reason, the city of Indianapolis allows you to pursue claims against anyone who has caused you an injury. An injury could come in many forms. From dog bites to car accidents, legal or medical malpractice, truck accidents, and wrongful deaths, you can always recover damages from anyone whose negligence caused you some pain. This is the heart of a liability suit.
Successfully claiming compensation for an injury means that you have to know who is liable. Who else are you to sue anyway? But some scenarios arise where it isn’t easy to decipher who should bear liability. In this article, we’d be helping you understand all there is to know about liability for personal injuries under various conditions in Indianapolis. You’d also understand what indemnity clauses are and why they’re important.
Personal Injury: Who Should You Hold Liable?
Many accidents are unexpected and unplanned. But the fact that an accident occurred unexpectedly doesn’t automatically mean that no one should be held responsible for it.
In Indianapolis, anyone whose negligence causes injury to another is liable to pay compensation for such damages. In other words, the litmus test for liability is negligence. For someone to be negligent, he has to owe the injured party a duty of care.
A duty of care is a moral or legal obligation imposed on someone to be responsible for another’s safety. For example, employers are obligated to provide a safe work environment for their employees — this is their duty of care to their employees. Any injury caused to any worker resulting from failure to fulfill this duty of care would amount to negligence.
In summary, to successfully hold someone responsible for a personal injury, that person must owe you a duty of care and must have failed to perform that duty. Let’s look at some examples –
- Dog Bites
Anyone who owns a dog has a duty of care to exercise reasonable care to prevent the dog from injuring another. Dog owners should always be able to control their dog’s activities and behavior. In Indianapolis, the duty of care for dog owners is strict. It is not owed to intruders and trespassers, however.
- Car/Trunk/Uber/Motorcycle Accidents
In Indianapolis, drivers must exercise reasonable care to avoid injuring others on the highway. When vehicular accidents occur, liability for personal injury is usually on the driver, whose disregard for road safety caused the accident. When the driver works for a company or organization, vicarious liability may apply, and such a company would bear the costs.
- Legal/Medical Malpractice
Professionals like lawyers and doctors are obligated to exercise reasonable care in preventing injury to their clients. When a doctor or lawyer performs or refuses to perform his duty in protecting a client from harm, he’s liable for the damage suffered.
- Wrongful Death
Everyone has a duty of care to exercise reasonable care in preventing harm from coming to another. The death of a person due to the wrongdoing of another, results in liability for the wrongdoer.
Sometimes, You Have a Share of the Blame
In Indianapolis, the laws make provision for comparative fault. The comparative fault rule seeks to reduce or remove liability from a wrongdoer when the injury cost is partly the fault of the injured.
For example, if you’re speeding when a negligent driver rams into your car, you’d bear some percentage of the fault. If your share of responsibility is very high, you may not be able to claim damages from the other party.
Indemnity Clauses and Why They Matter
On some occasions, in personal injury matters, the law would impose liability on a person or organization due to the contract’s indemnity clause. An indemnity clause refers to the section in a contract or agreement that stipulates the risk bearer for personal injury caused to another.
Indemnity clauses are essential for managing the particular risks inherent in a contract. They are used to protect one party’s interests, where the actions of another would cause a risk that such a party would otherwise have to bear.
Act Now! Contact Stewart|Phelps|Wood Attorneys Today
Getting damages or compensation for personal injury caused by another isn’t automatic. You’d have to prove that such a person owed you a duty of care that he neglected and that such negligence caused you some injury. All these can be difficult to prove without a lawyer.
Contact an experienced personal injury lawyer today by visiting Stewart|Phelps|Wood Attorneys, the best personal injury lawyers in Indianapolis.