As an accident victim, learning about the damages available to you is important. In Indiana, the most common damages victims can recover in a personal injury claim are economic and non-economic damages.
When Indiana victims file a personal injury lawsuit against an at-fault party, they can recover substantial economic and non-economic damages. Economic damages can compensate victims for financial losses after an accident, while non-economic damages attempt to compensate victims for emotional losses caused by a negligent party’s actions. Indiana does not impose a cap on economic damages but does limit non-economic damages in some cases. Proving the need for both types of damages can be challenging. Indiana victims should enlist help from an experienced personal injury attorney to recover the compensation they deserve.
Our attorneys are here to help Indiana victims recover the compensation they need to heal. For a free case evaluation with the Indiana personal injury lawyers at Wruck Paupore, call today at (219) 322-1166.
When accident victims file a lawsuit against an at-fault party in Indiana, they can recover both economic and non-economic damages. Learning the key differences between these types of damages and what they compensate victims for is crucial if you plan on filing a personal injury claim in Indiana.
Economic damages are the most basic form of compensation available to Indiana personal injury victims. Economic damages seek to compensate victims for all financial expenses incurred because of a negligent party’s actions. That generally includes any hospital bills, lost wages, or other out-of-pocket expenses a victim may face in the aftermath of an accident.
Non-economic damages, on the other hand, attempt to compensate victims for losses that have no inherent financial value. That includes emotional distress and mental challenges a victim may experience after an accident in Indiana. Non-economic damages can compensate victims for reduced quality of life, pain and suffering, anxiety, post-traumatic stress disorder, depression, and difficulties of a similar nature. If you are unsure whether non-economic damages are available in your case, ask your Indianapolis personal injury lawyer for clarification.
In order to recover the compensatory damages you deserve, you must provide proof of damages and successfully prove the defendant’s negligence in an Indiana lawsuit. Recovering both economic and non-economic damages is not a simple task and often requires the experience of a skilled Indiana personal injury lawyer.
In order to recover sufficient compensatory damages (economic or non-economic) against a negligent party, your attorney must prove that a defendant caused your injuries. Our attorneys can achieve this by gathering strong evidence that demonstrates a defendant’s negligence, such as incident reports, security camera footage, photographs, eyewitness testimony, and medical records. In order to prove a defendant’s fault, your attorney must also prove that you suffered damages.
Providing proof of damages often entails collecting medical bills and evidence of lost wages. Your personal injury lawyer can help you compile all bills or records indicating any financial losses that stem from an Indiana accident. As medical bills are often the greatest losses for Indiana victims, keeping all records related to your treatment and its cost is crucial.
Proving non-economic damages is complex and comes with its own unique challenges. In order to prove your need for non-economic damages in an Indiana lawsuit, your attorney may advise you to seek counseling or keep a journal to show how the incident has impacted you. Documenting the emotional difficulties that you face after an accident is key to recovering non-economic damages in an Indiana personal injury lawsuit. It is also important to present evidence from people who know you that can testify to how your injuries have impacted your life. These witnesses can be close family members, friends, co-workers, or other people who have had the chance to observe you after the accident. Sometimes these are the most important witnesses of all.
As an injured victim, recovering sufficient compensatory damages is often necessary. It is also important to have appropriate expectations when entering into litigation. That is why victims should learn whether or not Indiana imposes a cap on either economic or non-economic damages and how such limits might impact their case.
There is no threshold for economic damages in Indiana. Because of that, Indiana victims can recover total compensation for all financial losses caused by a negligent party’s actions, provided they can provide proof of damages. Regardless of the sum of your financial losses, you may be able to recover complete compensation in an Indiana personal injury lawsuit.
Indiana treats non-economic damages differently. For regular personal injury claims, there is no cap on non-economic damages. For medical malpractice claims, there is a limit on how much non-economic damages victims can recover. Indiana has different caps for medical malpractice claims, depending on when an act of negligence occurred, according to I.C. § 34-18-14-3. For example, for acts of negligence that occurred after June 30, 2019, victims cannot recover more than $1.8 million in non-economic damages. Cases involving the wrongful death of a loved one may also have caps on non-economic damages that may be awarded. This is a complicated subject, so ask your Fort Wayne personal injury lawyer if there will be a cap on non-economic damages for your case.
Although economic and non-economic damages may be available to Indiana victims, they are never guaranteed. Recovering sufficient compensation is often essential for accident victims, which is why hiring an experienced attorney is wise.
Indiana victims should understand that recovering economic and non-economic damages requires dedicated work and a strong claim. When you file an Indiana personal injury lawsuit, there is no guarantee that you will recover the compensation you need to heal. Victims can recover economic damages without recovering non-economic damages. This is not ideal for Indiana victims who have suffered financial, physical, and emotional damages.
To improve your chances of recovering sufficient compensation from a negligent party, hire an experienced attorney. Our South Bend personal injury lawyers can estimate the damages you deserve and present a compelling case for compensation. Whether your lawsuit is settled or goes to trial, our attorneys will fight so that you can recover the economic and non-economic damages you deserve after an Indiana accident.
If you require compensation after an Indiana accident, our attorneys can help. For a free case evaluation with the Hammond personal injury lawyers at Wruck Paupore, call today at (219) 322-1166.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.