Posted: December 9, 2016

Not all injuries meet the requirements for pursuing a personal injury case. The most important factor is whether someone else's negligence or wrongdoing caused the injury. The best way to find out whether you have a viable case is to consult a personal injury lawyer to discuss your case. The attorneys at Gardner & Rans P.C., offer a free consultation to discuss and evaluate potential legal action. Learning about your potential to pursue legal recourse is well worth your time if you can recover compensation for your injuries.

While the law can sometimes be complicated, two main areas of law apply to personal injury-negligence law and strict liability law. Negligence law bases your ability to recover damages on whether someone who owed you a duty of reasonable care breached that duty and harmed you as a result. A "reasonable person" standard is applied when determining the negligence of another. The law expects people to adhere to reasonable conduct standards that promote safety. Courts view unreasonable conduct as negligence. Drivers who disobey traffic laws are subject to negligence law.

In contrast to negligence, strict liability does not evaluate liability based on the reasonable person concept. When a strict liability standard is applied, the product or service provided must be safe. Unsafe consumer products, like defective tires, are an example of cases subject to strict liability law.

Whether a negligence or strict liability standard applies, you must meet the Indiana statute of limitations (deadline) for filing lawsuits, or you lose your right to sue. Indiana Code sets forth the applicable statute of limitations for negligence and strict liability claims in personal and product liability claims.

The attorneys at Gardner & Rans P.C., can discuss the details of your injury to determine what laws apply. It is wise to contact a lawyer as soon as possible, so that you can weigh your options and file your lawsuit in a timely manner if necessary.

The attorneys at Gardner & Rans P.C. offer a free consultation to discuss your injury. Do not hesitate to contact us today at 574-233-6035. We represent accident victims throughout the State of Indiana, including but not limited to South Bend, Mishawaka, Granger, Elkhart and LaPorte.

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