In a successful personal injury claim, a victim receives damages, or monetary compensation, for their expenses and other losses. Depending on the circumstances, they may be awarded some combination of economic, non-economic, and punitive damages to make them whole again.
If you suffered injuries in an accident in Indiana that resulted from someone else’s negligence, filing a personal injury claim allows you to seek compensation from the party who hurt you. This compensation makes it possible to move forward after an accident. However, the recoverable damages in Indiana personal injury cases will depend on several factors, including the type and severity of your injuries, your likelihood of making a physical recovery, and how the accident happened.
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What Are Damages in an Indiana Personal Injury Case?
“Damages” is a legal term for the monetary remedy awarded to individuals in civil cases. Three main types of damages are recoverable in Indiana personal injury cases: economic, non-economic, and punitive. Economic and non-economic damages fall under the broader category of compensatory damages, which reimburse injury victims for actual losses resulting from an accident caused by a negligent party. Punitive damages work a little differently and are awarded to punish the wrongdoer.
Economic Damages
Economic damages are the most straightforward type of damages to calculate. This is money awarded to an injury victim that covers their actual financial losses, such as medical expenses, property damage, lost income, and loss of earning capacity. Economic damages are easiest to calculate because they’re based on actual dollar amounts that can be confirmed by gathering the relevant documentation and adding up the costs. This documentation can include medical bills, pay stubs, and receipts.
Non-Economic Damages
Understanding and calculating non-economic damages is more challenging. Non-economic damages are subjective and are meant to compensate you for the intangible effects of an accident-related injury. For example, a court may award non-economic damages when a victim faces significant issues such as emotional distress, pain and suffering, and permanent scarring or disability. Putting a price tag on physical and emotional pain is difficult since there is no clear monetary value to human suffering. Attorneys rely on evidence, medical records, and expert testimony to determine an appropriate amount of non-economic damages.
Punitive Damages
Punitive damages are in a category of their own. These damages are rare and may only be awarded in cases where you can prove grossly negligent or malicious behavior. Unlike compensatory damages, punitive damages do not make an accident victim whole again or cover their financial losses. Instead, punitive damages are a form of financial punishment for a wrongdoer. The purpose of awarding punitive damages is to help prevent similar behavior and show others that there is no tolerance for gross misconduct.
Does Indiana Have Caps on Damages for Personal Injury Cases?
Many states, including Indiana, limit the amount of money that may be awarded to accident victims in specific situations. This is known as a damage cap. Another significant difference between punitive and compensatory damages is this damage cap.
Indiana law limits the amount of punitive damages an accident victim can collect to three times the amount of awarded compensatory damages or $50,000, whichever is greater. Additionally, only 25 percent of the award actually goes to the victim – the rest goes toward a state fund established for victims of violent crimes.
Other caps on personal injury damages in Indiana include:
- Medical malpractice – Indiana law caps the amount of damages you can recover in medical malpractice cases at $1.8 million.
- Government entities – Damages in lawsuits against the government are capped at $700,000.
- Wrongful death – In wrongful death lawsuits for an unmarried adult decedent with no dependents, Indiana caps damages for the loss of their love and companionship at $300,000.
An experienced Indiana personal injury attorney can review your situation, estimate the value of your claim, and determine whether specific damage caps may apply.
How Does a Lawyer Work to Maximize Your Compensation?
Working with a knowledgeable personal injury attorney is the best way to maximize your compensation. They will understand the civil court system and know the lengths insurance companies and other parties will go to protect themselves and their profits. Insurers may use aggressive tactics to get vulnerable accident victims to settle for far less than what their claim is worth. They may also pressure accident victims into signing away their legal rights, leaving them with no options if their settlement doesn’t cover all of their financial losses.
A personal injury lawsuit fights these aggressive and potentially deceptive tactics and advocates for you during every step of the legal process. A lawyer can maximize your overall compensation by:
- Thoroughly and independently investigating the cause of the accident
- Collecting and preserving crucial evidence before it can be lost or destroyed
- Identifying all potentially liable parties and holding them accountable for their actions
- Managing communication between you, insurers, other parties, and opposing attorneys
- Crafting a unique and compelling case that relies on facts and evidence
- Tenaciously negotiating on your behalf for maximum compensation for your injuries and financial losses
- Managing every aspect of your Indiana legal process
- Representing you in court and advocating for your legal rights
An attorney can also provide much-needed moral and emotional support. Filing a personal injury claim can seem overwhelming. At Truitt Law Offices, we want to ensure you feel heard and supported throughout the process. We take the time to listen to you, craft a thoughtful and comprehensive claim, and pursue maximum compensation for your financial losses so you can rebuild your life after an accident.
Contact an Indiana Personal Injury Lawyer
If a careless party has injured you, you may be eligible to pursue meaningful compensation for your injuries and other losses. An Indiana personal injury attorney with Truitt Law Offices can accurately calculate your economic and non-economic damages and assess whether your case rises to the level where punitive damages may be applicable. We have a long track record of helping Indiana accident victims like you and delivering proven results.
Contact our office today for a free consultation. We can evaluate your situation and outline your legal avenues for pursuing maximum compensation.
