The worth of your catastrophic injury case in Indianapolis, Indiana is calculated based on several variables, including who the at-fault party is, your injuries and medical condition, and your prognosis.
Understanding Catastrophic Injuries
A catastrophic injury is defined in 42 USC § 3796b as one for which the consequences “prevent them from performing any gainful work.” Although a catastrophic injury does not limit itself to specific types of injuries, for it to render this type of effect, it usually involves damage to the spinal cord or brain. Other examples of catastrophic injuries include:
- Damage to an organ or organs
- Severe burns
- Multiple broken bones
- Amputations
- Paralysis
- Traumatic brain or head injury
- Injury due to being stuck or caught
- Death
These injuries tend to generate enormous medical expenses, including possible surgery, rehabilitation, and long-term care. They also take an emotional toll on the patient, as well as on their family members.
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Types of Recoverable Damages for Catastrophic Injuries in Indianapolis
Although the amounts you receive for each type of damage will depend upon your unique circumstances, you may be eligible to receive compensation for the following types of damages:
Medical Expenses
The severity of the injuries associated with catastrophic injuries generates monumental medical bills. Your recoverable damages will include both past and future medical expenses—from doctors’ and surgeons’ fees to hospitalization, rehabilitation, medications, and more.
Lost Income and Benefits
By definition, a catastrophic injury is one that prevents you from being able to work. This means you have likely lost multiple paychecks since the injury occurred, and you will continue to lose out on a lifetime of future potential earnings because of your injury. Your lawyer will ensure that a generous, well-documented value is attached to this damage, tapping the expertise of economists, if necessary, to determine the value of your inability to engage in the workforce.
Noneconomic Damages
These damages refer to the intangible ways in which you have experienced a loss due to your injury. We will include values for these important losses in our quest for compensation. Some of the damages you may recover include pain and suffering, mental anguish, diminished quality of life, and loss of consortium (the benefits of family relationships).
IC § 34-51-2-5 entitles you to collect damages for a catastrophic injury even if you were partially at fault for the accident that caused your injury.
Wrongful Death Action
If a loved one died as a result of the catastrophic injury they sustained, we are sorry for your loss. We want you to know that you may be entitled to take a wrongful death action against the individual or party who caused your loved one’s accident. Our wrongful death lawyers will fight aggressively and compassionately to see that you are compensated for both your economic and noneconomic losses.
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Caps on Damages in Indianapolis, Indiana
Some states impose limitations on the amount of compensation the plaintiff can collect for accidents, based on the circumstances of the accident. Indiana’s capping laws limit the amount you can recover in two types of cases:
- Medical malpractice: damages are capped at $500,000
- Compensation from the government: damages are capped at $5 million for a single accident
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Indiana Limits the Amount of Time You Have to Take Legal Action
Most states enforce statutes of limitations that limit the amount of time you have following an accident in which you can take legal action against the negligent party. Indiana is no exception. This statute is outlined in IC § 34-11-2-4 and specifies that personal injury civil actions must begin within two years of the event in question (your accident, in this case).
How a Personal Injury Lawyer Can Help You
There may be little question as to your right to receive compensation. You may even receive a call from the defendant’s insurance company offering you a settlement check. But make no mistake, this is often a low-ball offer, and your case is likely worth a great deal more than what they are offering.
When you work with a personal injury firm, your attorney will carefully compose a demand letter that thoroughly documents all your damages and their associated values. Your lawyer will present this demand letter to the insurance company. Typically, this kicks off the negotiation process, where your attorney will fight aggressively for compensation for you.
If the insurance company fails to agree to a fair settlement, your attorney can file a lawsuit on your behalf and then present your case for damages in civil court.
An Attorney Who Knows About Indiana’s Catastrophic Injury Law
When you hire the attorneys at Sevenish Law Firm, P.C. to handle your catastrophic injury case, we will fight hard to get you the compensation you need and deserve. We bring to the table decades of experience fighting for justice for people who have been injured due to another party’s negligence. Now we want to help you. We cannot predict the worth of your catastrophic injury case in Indianapolis, Indiana, but we can analyze the evidence of the accident and calculate a fair settlement on your behalf.
Call Sevenish Law Firm, P.C. today at (317) 636-7777 for a free case review.
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