When you are hurt by someone else’s negligent actions, personal injury law allows you to hold them responsible for your financial losses. This compensation is meant to restore your life as much as possible to the way it was before your injuries.
There are different types of compensation you may be able to receive in your personal injury case, but the first step is proving that the other party was at fault.
A Look at Compensation for Personal Injury Claims
In Indiana, you can seek compensation for economic and non-economic damages. Some cases may even have punitive damages awarded by the court.
Economic Damages
Economic damages refer to all the financial losses you’ve incurred from the injuries caused by a careless person or entity. These have an exact dollar amount and can be determined by bills and receipts.
Economic damages often include medical expenses, future medical care, property damage, lost income, and lost earning potential. The goal of this compensation is to provide injured victims with enough financial assistance to prevent them from going into debt due to their injury expenses. Depending on the severity of your injuries, you could have these expenses for the rest of your life.
Lost income can also be a huge factor affecting your financial situation. If you have to miss work because of your injuries, are no longer capable of working, or have a reduced working capacity, economic damages can compensate you for these losses.
Non-Economic Damages
Non-economic damages refer to the pain, suffering, and loss of quality of life you may experience due to your injuries. These things may be intangible, but you can still receive compensation for them.
Since non-economic damages don’t have bills or receipts, they are harder to prove. This is why many people who have suffered serious injuries and turmoil due to an accident seek the representation of an injury law firm with the experience to prove their damages. You will likely be advised to keep a journal that details your injuries and your pain. Your attorney will also seek expert witnesses to help prove the extent of your non-economic damages.
Punitive Damages
Punitive damages are not awarded in every case as they are intended to punish a defendant for intentional conduct or gross negligence. An attorney will need to prove that the at-fault party acted willfully when they caused you harm.
How Is Compensation Calculated for Indiana Personal Injuries?
Every case has unique factors that will impact the amount of compensation a victim receives. The severity of your injuries and the amount of your financial losses will be factored into the amount. Generally, formulas are applied to estimate the worth of your compensation.
Often, economic damages will be multiplied by one to five; the number correlates with the severity of your injuries to determine an amount for your non-economic damages. Lost income will then be added to this number to determine the total amount of your damages.
The more severe your injuries, the more likely you are to receive a higher amount for your compensation. However, the evidence, your expected recovery time, and the permanence of your injury will also be factored into your compensation. This means you should take the right steps to maximize your compensation.
Attorneys usually advise their clients that they should not only seek medical care immediately after the injuries, but they should also continue treatment. This treatment should go on for as long as the doctors advise. If you do not follow up on these treatments, it can diminish the amount you’ll receive.
You should also refrain from participating in any activity that may aggravate your injury. Your doctor will tell you what you should avoid doing until you have healed.
Also, make sure that you have accurately reported your symptoms and level of pain. The doctor will record them in your medical records, and diminishing them could reduce your financial recovery. You should keep track of all medical expenses and out-of-pocket costs that are directly related to your injuries.
Ultimately, you should seek legal advice to determine the best steps to take for your situation. This will give you a better idea of how much compensation you could receive in your personal injury case.
