Accidents are a broad category of incidents that may result in personal injuries or property damage. Personal injury refers to an injury to a person’s body—also known as bodily injury—or to their mind or emotional well-being—also referred to as emotional distress or pain and suffering. Property damage refers to damage to any kind of real property (real estate) or personal property (all property that is not real estate).
Accidents usually refer to incidents caused by someone else’s negligence rather than by their intentional act. Claims for personal injuries or property damage resulting from an accident or negligent act of another person or entity may create legal liability if the person injured in the accident can prove another person or entity breached their duty of ordinary care in the activity that led to the accident (driving a motor vehicle, for example) and that negligence or breach of the duty of ordinary care caused personal injuries or property damage to the claimant.
Legal claims for personal injuries and property damage resulting from accidents are primarily a matter of state law and may be located (1) in the state’s court opinions—also known as cases, case law, or common law—such as for the elements of a negligence claim; or (2) in the state’s statutes when the state legislature has defined a certain type of claim or recovery for personal injury or property damages caused by a certain type of negligent act or negligent person or entity—such as an accident caused by the negligence of a governmental official or entity.
In Indiana, accidents that result in personal injuries or property damage due to someone else's negligence can lead to legal liability. To establish a claim, the injured party must demonstrate that the other person or entity failed to exercise ordinary care, which is a standard of behavior expected to prevent unreasonable risk of harm, and that this failure directly caused the injury or damage. These claims are governed by Indiana's state law, which includes both case law (court opinions) and statutes enacted by the state legislature. For instance, Indiana's case law provides the framework for negligence claims, including the duty of care, breach of that duty, causation, and damages. Additionally, Indiana statutes may specify particular claims or remedies for injuries or damages caused by specific types of negligent acts, such as those involving government officials or entities. It's important to note that Indiana may have specific procedural rules and limitations periods, known as statutes of limitations, which dictate the timeframe within which a claim must be filed. An attorney can provide guidance on the nuances of Indiana law and help injured parties navigate the legal process to seek compensation.