When a Serious Injury Upends Everything
Here’s a thought experiment we’ve had to conduct many times in our law firm’s 40-year history of handling tough Personal Injury cases in Indianapolis, Indiana: Imagine it just happened to you.
Put yourself in the position of a person who’s sustained a severe, life-changing injury – whether on the job, in a car accident, in the hospital or using a defective product at home. Maybe they now have one fewer limb, or can no longer see, or endure awful daily headaches. Think about everything such a serious injury affects: career, livelihood, family, enjoyment, the future.
With Montross Miller attorneys’ decades of experience as the premier Indianapolis personal injury attorney, we understand what the injured person and their family are going through – and we do everything in our power to work toward gaining satisfactory restitution and fully recovering damages on behalf of our clients.
It’s a matter of knowing the right questions to ask, then using the best resources with which to answer them. What happened that led to the injury? What went wrong? What people or companies were involved in any way? What did happen and what should have happened instead? Montross Miller LLP has earned a sterling reputation in Indiana as the most thorough, comprehensive Personal Injury lawyer because we examine all salient aspects of a liability claim, bringing in outside expertise when necessary to bolster substantive facts in our arguments and present the best possible representation for our clients.
What Constitutes a Personal Injury Case?
Personal Injury – also known as Tort Law – is legally defined as a tort, or a wrongful act by a person, corporation or legal entity, that directly results in harm or injuries done to another person and for which the harmed or injured party is due just and fair compensation.
The personal injury laws of Indiana are designed to compel that compensation from the liable party if two essential issues can be demonstrated to the insurance company, to the arbitration board, or at the jury trial: Liability and Damages. The questions that must be satisfactorily answered in each case are 1) Was the defendant liable for the injuries and damages you sustained? and 2) What is the nature and extent of those damages, including medical bills, lost earnings, and pain and anguish?
The type of liability may also vary in Personal Injury cases. Typically we think of car crashes and auto accidents when we consider the primary sources of acts of liability (or torts) – and it’s true that the preponderance of lawsuits Montross Miller handles in Indiana stem from an instance of another’s negligence on the road – whether the at-fault driver was inattentive, distracted, or inebriated and intoxicated by the consumption alcohol and/or other drugs.
But a legal claim of restitution might also be brought as a result of other liabilities.
Varieties of Legal Liability
- The legal concept of strict liability deals mainly with consumer products which are defective and cause undue injury when used as intended. Proving this sort of liability is not the same as proving negligence in a car accident; the attorney must demonstrate that the product is inherently injury-causing and unreasonably dangerous, even when functioning and utilized properly.
- Intentional wrongs are non-criminal tort cases brought by an injured party seeking compensation for damages caused by a deliberate, intentional act, whether the act was meant to cause harm or not. Examples of an intentional wrong are personal assault, battery, and false imprisonment.
- You’ve heard of defamation of character, but what it means is the publication or dissemination of false statements which harm the reputation, livelihood, financial situation or emotional state of the defamed individual. Defamatory statements are considered slander when spoken orally, and libel when written for a public audience. Statements of opinion or of truth are not considered to be defamation.
Get Indy’s Top Attorneys On the Case
If you, a friend or a family member has endured the pain and losses of Catastrophic Personal Injury due to another party’s negligence, malpractice, inattention, neglect, defamatory speech or writings, poor design, wanton act of recklessness or alcohol-induced stupor, put Indianapolis Indiana’s most expert, most experienced injury lawyer on the case in order to get the compensation to which you’re rightly entitled. Let’s begin with your FREE consultation.
Please call the law firm of Montross Miller LLP at 317-574-4500 in Indy and at 1-888-599-2640 throughout the great Hoosier State, and ask for your FREE consultation. Our practice was established in 1980 with the mission of providing the most knowledgeable, well-researched legal advice and representation for those who’ve been hurt by someone else. As the preeminent Indianapolis personal injury lawyer, Montross Miller is there to help in those cases where help is needed most.
Common Causes of Catastrophic Personal Injury Claims
If you have kids, you know injuries can happen all sorts of ways. That’s also true, unfortunately, for serious and catastrophic personal injury, the kind for which legal proceedings are called for and monetary compensation is rightfully awarded.
Most civil litigation for Personal Injury arises due to a car accident or an accident involving a commercial semi-truck. Of those cases not caused by a collision on an Indiana roadway, most come from alleged instances of Medical Negligence and Malpractice committed by a doctor, surgeon, dentist, nurse, chiropractor, hospital, pharmacy or pharmacist.
However, there are myriad causes of Personal Injury that Montross Miller’s attorneys handle for clients throughout Indiana.
How Cases of Personal Injuries Usually Happen
Car accidents involving private vehicles: Legal liability for personal injury may be alleged in traffic collisions and auto accidents involving cars, trucks, vans, motorcycles, or any other motor vehicle – particularly when the at-fault driver or operator was under the influence of alcohol or other drugs.
Car accidents involving at least one commercial vehicle: Semi-trucks, tractor trailers, big rigs and 18-wheelers are the most massive and therefore most dangerous objects on the road. Their companies must be held to account if their drivers are negligent or their equipment is faulty and cause motor vehicle accidents. (Commercial vehicles also include work vans, limousines for hire, and other automobiles under the employ of a private company.) Brain injuries, head injuries, spinal cord injuries, and back injuries are very common in commercial and oversized vehicle crashes.
Medical malpractice cases: If the actions or inactions of a doctor, nurse, hospital, nursing home, elder care center, or other medical professional or institution results in injury, illness or harm to the patient, a claim of Personal Injury may be indicated, holding the negligent party responsible for the payment of compensation for resulting damages. An incomplete list of specific examples of Medical Negligence leading to Personal Injury are improper prescriptions, incorrect dosing of medications, wrongful amputation, unnecessary surgery, patient neglect, misdiagnosis, failure to administer diagnostic tests in a timely manner, and birth injuries caused to newborn babies.
On the job: Construction accidents and other workplace injuries are sometimes covered by worker’s compensation laws and short-term disability benefits, nevertheless Personal Injury claims can be brought by persons injured while legally visiting or working as an employee on construction sites, warehouses, distribution centers, depots, retail stores, restaurants, and fast-food establishments.
It should be noted that a catastrophic personal injury caused by the negligence of another party need not be the result of a sudden event, such as an auto accident or the immediate onset of an induced illness. A person or corporation could be held liable in your catastrophic personal injury case if they provided a work environment which forced you into injurious circumstances and led directly to harm and/or injury, such as disease due to constant exposure to harmful chemical or injuries due to repetitive motion for which no break or relief is permitted.
Defective products: Falling under the category of strict liability, a defective product that causes injury when used as intended is subject to Personal Injury claim and potential lawsuit. An example of a case of strict product liability is a head injury caused or allowed to happen by a defective bicycle helmet.
Slip-and-fall cases: Accidents happen anywhere, and slipping and falling can be a genuinely terrible accident to have. If the fall occurs due to unreasonably unsafe conditions somewhere you have a right or a need to be, there might be justification to pursue a case for legal remedy of the damages you incurred due to your injuries.
Intentional wrongs: If someone punches you in the face and knocks out a tooth – unless both of you were in a boxing ring wearing shorts – you may have a claim of assault and battery. Bodily harm done with intent may be a criminal law matter if charges are brought by the government, but may also be a civil case brought by the person whose face got punched.
Defamation, slander, and libel: Not all cases of personal injuries are physical. Real harm can committed against a person on a psychological or emotional level. Spreading falsehoods about a person with the intent of harming them personally or professionally is considered defamation of character, and could be grounds for a lawsuit.
Why We Take Personal Injury Cases (Especially the Most Complicated Ones)
Cases of Personal Injury litigation aren’t easy. Each case is an exhaustive, deliberative process requiring a substantial amount of documentation and the relentless accumulation of facts and testimony to compile a cogent, unified, impenetrable argument that coherently explains the tort of liability that was committed against you, and the extent of your resulting injuries and damages.
As Personal Injury attorneys, our role in litigation cases involves back-and-forth negotiations with defending corporations, insurance companies, and opposing lawyers. It also involves delving into esoteric technicalities of the particular case, bringing in key experts to provide relevant analysis of what happened and what reasonably should have happened. Litigating a case of Personal Injury in Indiana is an arduous, demanding, usually time-consuming ordeal, by no means a task to be entered into lightly…but to us, it’s worth it.
Over our 40 years as an Indianapolis personal injury law firm, Montross Miller LLP has established a heralded reputation for successfully dealing with the most complex, complicated, convoluted, seemingly intractable cases of Personal Injury to come into Indiana courts. Frequently we work in consultation with other law firms throughout the Midwest on difficult litigation requiring extensive research and expert testimony, and very often we are referred a complex Personal Injury case outright.
Drilling down deep to understand the essence of a case and assemble the necessary facts to prove both liability and damages is more than an academic matter for the esteemed attorneys of Montross Miller. We earn tremendous satisfaction from helping fellow Hoosiers who’ve been catastrophically injured or badly harmed by another’s carelessness receive the justice of fair financial compensation.
That’s what makes Montross Miller LLP the premier trial lawyer, injury attorney, and plaintiff advocate in Indianapolis, Indiana. Our attorneys, our paralegals, and our secretaries all feel the weight of what each of our clients is going through, and we respond to that pressure with passion in every case. It’s by being passionate about helping every client that enables the attorneys of Montross Miller LLP to put forth maximum effort toward winning your case.
Guidance Before, During, and After Your Case
Our concern for our clients goes beyond the final legal resolution and the award of compensation. The team at Montross Miller provides much-needed after-verdict assistance to our clients, directing them to reputable financial advisors and accountants to properly steward their money, recover from their losses, offer counsel on estate planning, and return their lives back to some sort of normal.
After all, that’s precisely what the Personal Injury lawyers of Montross Miller are here to do.
Exclusive Membership in Prestigious Professional Associations
The philosophy of Montross Miller LLP, attorneys-at-law in Indianapolis IN, is to work as a team with our clients toward the singular goal of making sure justice is served – and our secret weapon is diligent, thorough research that leaves no stone unturned in determining negligence and proving your claim for compensation, regardless of the case’s complexity. Our Personal Injury attorneys rely on superior legal knowledge within their practice areas, honed by more than a century of combined experience in Indiana courtrooms, to work for the financial restitution your claim deserves. It’s how we’ve made lives a little better for wrongfully injured Hoosiers since 1980.
In all that time, we’ve put together a remarkable track record of professional recognitions and appointments from scholarly institutions in Indiana and across the United States. Montross Miller LLP is proud to say that at least one of the accomplished attorneys on our staff is a member of the Indiana State Bar Association, the American Association For Justice, the Indianapolis American Inn of Court, the Indiana Trial Lawyers Association, the American College of Trial Lawyers, and the Trial Lawyer’s College. Three of our lawyers – W. Scott Montross, Michael S. Miller, and Kerri E. Farmer – have been selected as Top-Rated Lawyers by Super Lawyers, an honor granted annually to the top 5% of attorneys in each state.
Outstanding In Their Fields
Education is paramount to Montross Miller. Our Indianapolis personal injury attorneys are mainstays as lecturers and presenters at legal symposia, and we make a point to educate our clients about the legal proceedings they’re pursuing, setting realistic expectations for the eventual outcome.
Contact Our Law Office For Your Free Consultation
If you or a loved one has suffered personal injuries caused by another party’s neglect, fault or malpractice, contact the Indianapolis personal injury attorneys of Montross Miller LLP at 317-574-4500 or 1-888-599-2640, or fill out the easy online contact form located at the bottom of this page and at MontrossMillerLaw.com/contact to request your case review. We also invite you to interact with our law firm on Facebook and on Twitter @INinjurylaw.
In Indiana, injury victims and accident victims deserve a law firm that goes above and beyond to win your claim. Please call us today to make your appointment for a FREE consultation with our legal team. Let the experience and knowledge of Montross Miller LLP work by your side to provide Strength Today, Security Tomorrow.™
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Indianapolis, IN 46240