A personal injury may be caused by a number of various actions. Indiana personal injury attorneys are experienced with recognizing the strengths and weaknesses of your case, and they know before you pursue legal action if you have a potential case and what would be needed to make it stronger. By working with experts in various areas that assist with intelligently investigating the technical and medical aspects of your case as well as investigators to complete all the details. If there is any possibility that you or a loved one was involved in an incident, then you must contact an Indiana personal injury lawyer at 317-
What Can I Recover If I File a Personal Injury Claim?
When it comes to personal injury, it’s important to know the outcome as well as whether or not you should file a suit. If you decide to pursue an action, you need to know how much you can recover in damages so you can decide if it is worth it. When someone else’s negligence causes you to harm in Indiana, you may be entitled to the following damages:
- Medical costs.
- Out-of-pocket costs.
- Lost income.
- Pain and suffering.
- Punitive damages.
There are three types of damages in personal injury cases which are the following:
- General damages
- Special damages
- Punitive damages
General and special damages are compensatory damages, which serve to compensate the plaintiff for economic loss and pain and suffering, attempting to make them whole. Damages include the damages you have already suffered, the expenses you are currently incurring, as well as future expenses incurred because of your accident or injury.
Indiana Limits on Damages
While Indiana doesn’t cap damages for pain and suffering specifically, there is a cap on claims against the state at $700,000, and the cap in any medical malpractice claim is at $1.25 million.
The state of Indiana does not allow punitive damages in cases involving wrongful death. Most personal injury cases cannot recover damages for negligence because the defendant is generally negligent rather than willfully or intentionally negligent. Punitive damages can be awarded if the defendant acted deliberately and knowingly with the intent to cause injury.
Indiana Code § 34-51-3-4 determines the maximum amount of punitive damages that may be awarded to plaintiffs in civil actions. The cap is $50,000 in addition to three times the total compensatory damage award.
Pursuant to Indiana Code § 34-51-3-6, a plaintiff who is awarded punitive damages only collects 25 percent of the total award. The other 75 percent is allocated to the violent crime victims’ compensation fund.
A Breach of Duty of Care
If a person owes you a duty of care, breaches that duty of care by failing to act as a reasonable person, and hurts you then you may have an Indiana personal injury case. In Central Indiana, personal injuries happen in a number of ways. Our attorneys act in the following capacity for our clients which include acting as a:
- Car crash attorney
- Motorcycle accident attorney
- Bicycle accident attorney
- Truck accident attorney
- Dog bite attorney
- Slip and fall accident attorney
- Nursing home abuse or neglect attorney
- Workplace accident attorney
If you’ve been hurt in any of these types of situations, then it is important to seek medical help and legal advice as soon as possible.
Contact an Indiana Personal Injury Attorney
If you have been in an incident when another party had a breach of duty or was negligent in their responsibilities, contact an Indiana personal injury attorney as soon as possible at 317-961-7597