What is the Indiana Negligence Law?
Death is inevitable. The pain and suffering of losing a loved one are indescribable. But when the death is caused by the negligence of another person, the pain is more and it lasts until justice is served. Negligence can cause everlasting pain to anyone at any time. The negligence laws were framed to give justice to those who have suffered immensely.
Negligence Law Definition
As per the negligence law definition, careless conduct that causes pain and suffering to another is considered an offense punishable by law. In fact, negligence is more than careless conduct. According to negligence law, negligence is a breach of a legal duty that results in damage to another.
Under negligence law definition, negligence is of two types namely
- Comparative negligence laws
- Contributory negligence laws
Negligence laws by state differ from one state to another in the U.S. Each state follows a different system in accordance with the negligence laws by state. Thought the meaning of negligence laws remain the same for all states, the negligence laws by state differ.
Negligence Law Indiana
The negligence law definition clearly states that careless conduct that results in suffering to another is considered negligence. The punishment for negligence in Indiana is in accordance with the Indiana negligence law.
If you slip on water and fall in a supermarket, can you sue the supermarket for negligence? Is the law on your side? How will you know whether your personal injury claim will be in your favor? If you are a person who has been injured by the negligence of another person, party, or a company, you can claim damage under negligence law, Indiana.
Indiana follows comparative negligence laws. As per comparative negligence law Indiana,
- You, the plaintiff can receive compensation if the accident was partially your fault
- You are eligible for damages only if you are less than fifty-one percent responsible
- Damages are awarded to you based on a percentage of fault
- In an accident with multiple parties, the parties responsible for your accident are liable to pay damage proportionately
- If your fault is more than fifty-one percent, you will be held liable for the legal expenses of the defendant.
As a plaintiff, you may be sure that you are not at fault that caused great damage to you. But it is necessary to understand that in negligence cases, a defendant can prove the accident to be a plaintiff’s fault. Most times negligence cases have turned against the plaintiff. Consider the example of your fall in a supermarket. There is a possibility that the defendant had a warning sign put up which you have failed to notice.
Punishment for Negligence in Indiana
As per the Indiana negligence law, any damage caused to another person due to negligence is a punishable offense. You will be granted two years to file a claim against damage caused by negligence under negligence law Indiana.
The punishment under negligence laws by state differs from one state to another. But the punishment for negligence in Indiana as well as other states in the U.S. is severe as the offense is mostly treated as a felony in every state. The Indiana negligence law follows the modified comparative negligence law in the state of Indiana. The punishment for negligence that causes damage or death to another can result in jail term to the offender as well as a hefty fine.
The Indiana negligence law is framed to ensure that either party has the power to take benefit of the other. Thought the negligence laws by state differs, every state in the U.S considers negligence as a punishable offense. The punishment for negligence in Indiana is in comparison with the rest of the state.