Over the last 25 years, car accidents, workforce injuries, and other personal injuries have risen. It takes an attorney with personal injury claims experience to handle cases that favor their clients. Every state has different laws to abide by in the courtrooms regarding awarding claims. According to the negligence involved, Indiana is not exempt as they cover different damages in a personal injury case. An experienced attorney will undoubtedly get you the most that the state allows, but the final say goes to the judge. If negligence is proven, the judge will rule in favor of the injured party, but there is no set rule for the amount in damages. It is strictly up to the judge.
The Different Types of Damages Awarded in a Personal Injury Case
There are two types of damages to look at in the courts; economic damages, and non-economic damages. Each has different categories that determine the damages awarded to the client. Other stipulations can enhance or reduce the amount awarded, which is further explained in this article.
Economic damages are considered tangible losses that can be calculated or estimated based on objective evidence.
Loss of income: This would include loss of employment, loss of earning capacity, loss of career opportunity, and lost wages (current and future). If you had to take time off work due to injuries received in an accident, these missed days would be included in your claim for economic damages.
Medical expenses: If you were injured in a car accident and required hospitalization, surgery, physical therapy, and other medical treatment, it all falls under this category. The medical bills associated with treatment can be claimed as economic damage. Other out-of-pocket expenses such as prescription drugs and medical devices (crutches, wheelchairs, and other medical devices) can also be included in damage.
Property damage: If your car sustained significant damage due to the negligence of another party, you may be compensated for the value of your vehicle if it is totaled or not able to be repaired.
Non-economic damages are subjective losses that cannot https://attorneyatlawmagazine.com/best-attorneys/personal-injury/indiana/indianapolis-attorneybe measured by hard evidence and require a judge or jury to base personal decisions. This includes pain & suffering, loss of consortium, loss of society, mental anguish, humiliation, disfigurement, inconvenience.
Pain & Suffering: This intangible loss is the pain one has experienced following an accident or injury. This may be physical pain or emotional suffering.
Loss of Consortium: This intangible loss is the loss of affection, service, companionship, and sexual relations. It is meant to compensate one spouse for injuries suffered by the other during an accident, which prevents this spousal relationship from continuing as it had before the incident occurred.
Loss of Society: This is a claim for damages against a third party who was negligent when they caused harm to another person that ended in the death of that person’s family member or loved one.
Mental Anguish: Emotional distress due to an injury received directly from someone else’s negligence can be claimed under mental anguish.
Disfigurement: A personal injury may cause a person to be permanently scarred or disfigured, however slight. If the disfigurement prevents them from being able to work in their chosen profession, they can seek compensation for lost wages and medical expenses.
Inconvenience: This intangible loss is caused by an accident that disturbs your daily life, causing unhappiness or frustration at having things inconvenience you because of the incident.
Finding Out More Information from Your Attorney
The State of Indiana follows the rule of pure comparative negligence. In this case, both parties could be found at fault for damages and yet allowed to collect damages from one another based on percentage responsibility. For instance: if someone rear-ends you and should have seen you stopped in traffic without enough time to stop, it is possible they were 100 percent at fault for your damage. However, if you failed to wear your seat belt and were injured in the accident, it could be that you are 50 percent responsible for where you currently stand with your injuries. Therefore, they would only receive half the amount of economic damage that may have been awarded without considering comparative negligence.
If no one was at fault or if the percentage responsibility falls between two or more parties, then each individual can collect damages from all parties found liable. These are just a few types of damage available in an Indianapolis personal injury case. The best way to determine which type of damage applies directly to your case is to consult with an experienced attorney.
Personal Injury and Negligence
Personal injury is the legal term used to describe physical or emotional damage caused by an intentional or negligent act. Personal injuries can include physical and psychological trauma such as broken bones and mental anguish. When a person suffers these injuries due to another party’s negligence, they may be entitled to seek compensation through filing a personal injury lawsuit against the parties responsible for causing the harm.
Negligence is the legal term used to describe the failure to exercise reasonable care in a given circumstance. When someone is found liable for negligence, their actions are deemed careless, reckless, or even intentional. Personal injury lawsuits are most commonly filed against negligent parties when bodily harm has occurred. However, some personal injuries occur due to no fault of the defendant, and another party may still be held accountable for damages through that person’s wrongdoing or at-fault conduct.
When seeking damages in an Indianapolis personal injury case, it is essential to consider what types of compensation are available. A successful claim will often result in monetary relief ranging from medical expenses explicitly related to the plaintiff’s personalized injuries incurred during their initial accident to punitive damages designed to punish reprehensible behavior. The specific damages that a plaintiff in Indianapolis may be entitled to seek will depend on the nature of their injuries and the evidence provided during trial proceedings.