Roache v. Charney: How Your Indiana Attorney Can Make Your Personal Injury Case Successful

March 7, 2012

When you are in a car accident, you are usually left shaken both physically and mentally. You can even sustain permanent injuries that require extensive medical treatment and maybe even surgery. This is a very serious matter that requires the right a Highland injury attorney to get you the award you deserve.
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If you are involved in a Highland car accident, Padove Law has the experience in personal injury to guide you through the entire process of a lawsuit.

The case Roache v. Charney highlights some important aspects of a personal injury case. This case was decided by the Delaware Supreme Court and arose because of a car accident. This victim suffered injuries to her neck and back when she was twice rear ended by the defendant. This accident led to months of physical therapy for the victim as well as disc replacement surgery. The doctors treating the victim even found that these injuries would be permanent.

I am drawing your attention to this case because it is very typical of the results of car accidents that happen every day. These accidents can lead to injuries that if left untreated, can lead to pain and suffering for years to come. This is why choosing the right attorney to fight for your rights is such an important decision.

Injuries related to car accidents are very common, but so often people do not take the initiative to get help.

Roache is significant to Indiana personal injury claims because it illustrates some of the common laws surrounding car accidents that you need to know. Although the specific laws vary depending on the state, the central principles cross state lines. The Court in Roach clearly says that when a plaintiff is involved in a personal injury lawsuit, they have to prove that their injuries are the result of the defendant's negligence. Essentially, the plaintiff has to show that it is more likely than not that their injuries were sustained because the defendant breached their duty of care and drove negligently.

Causation is one of the most crucial parts of most lawsuits. This is the proof of the connection between the defendant's negligent actions and the plaintiff's injuries. The court in Roache found that if a plaintiff is alleging that their injuries were sustained because of the defendant, they must provide a medical expert to testify directly. The court goes on to affirm that the plaintiff's expert must be competent in medically proving a link between the defendant's negligent actions and the plaintiff's injuries.

Roache had a difficult time proving this link between the defendant's negligence and the plaintiff's injuries, leading to significant confusion. Our attorney's know what it takes to prove causation as we have been doing it for many years. We can help you navigate through the medical terminology and explain what these personal injury medical reports actually say and how they can affect your case.

Your litigation experience and your award are dependent on the attorney you hire.We will take your case very seriously and assist you in getting the justice you deserve.

If you have been injured contact Indiana injury Attorneys at Padove Law to schedule your free appointment. Call 219-836-2200.