You are entitled to compensation (also termed “damages”) from the person or organization legally liable for your injuries in a personal injury lawsuit. In Indiana, like in all other states, the kinds and amounts of damages recoverable are restricted.
In this post, we will examine the sorts of damages recoverable in a personal injury claim, as well as how a Personal Injury Lawyer in Indianapolis can help.
Who is responsible for an injury?
If you have been hurt due to another party’s carelessness or intentional behavior, you may be eligible to file a claim to alleviate the financial difficulties associated with personal injury. Identifying “fault” is the first stage in establishing the viability of your case. The “Modified Comparative Negligence” rule is used to determine who is at blame for an injury in the state of Indiana. This essentially implies that each party is allocated a proportional amount of fault for an accident. As long as the injured party is less than fifty percent at blame, he or she has the right to sue the other parties for their proportion of the harm done.
Types of Personal Injury In Indiana:
In Indiana, damages are restricted in four particular situations:
Medical malpractice lawsuits
The repercussions of a medical professional’s error may be disastrous. However, Indiana limits medical malpractice damages to $1.8 million for acts of malpractice occurring after June 30, 2019 ($1.65 million for acts of malpractice occurring before to this date).
Lawsuits against the government
The maximum amount the plaintiff may obtain in a lawsuit brought against a state, county, or municipal government entity or agency is $700,000.
The estate of an unmarried adult (age 23 or older) without dependents cannot recover more than $300,000 in a wrongful death action. Interestingly, no limit applies to other wrongful death actions (i.e., when the deceased has dependents or is younger than age 23).
Modified comparative fault
Indiana has a modified comparative fault standard. This indicates that the plaintiff cannot receive damages if they are at least 51% responsible for the disaster. If the plaintiff is less than 51 percent at blame, their damages will be reduced proportionately.
Should I File a Personal Injury Claim Without Legal Representation?
In an Indiana personal injury case, it may be extremely challenging to identify and record all losses and negotiate a reasonable settlement that takes them into consideration. When a victim decides not to employ an attorney or engages a cheap “jack of all trades” attorney, they may lack the skills and knowledge necessary to properly identify, quantify, and pursue all losses.
Personal injury attorneys are familiar with working directly with insurers and other attorneys, as well as navigating settlement talks. Our team has access to specialists whose testimony may be crucial to obtaining compensation, and we understand the most effective methods for establishing culpability.
From finding concealed harms to assigning a monetary value to noneconomic damages, our staff understands how to construct the strongest case possible at every stage. We can assist you in determining the value of your personal injury claim and pursuing the full scope of damages attainable.
If you have been hurt in Indiana and think that your injury was caused by events beyond your control, you may have valid grounds for a personal injury claim. Pursuing and winning a personal injury case are challenging procedures that are best managed with the assistance of an experienced personal injury attorney who is familiar with the law and the terrain of your claim.
Leave a Reply