What are Economic Damages in a Personal Injury Case?

The primary purpose of filing a personal injury claim is to pursue and recover financial compensation from an at-fault party for a victim’s damages. When a settlement or verdict is obtained, the at-fault party’s insurance company pays the verdict or settlement. This is intended to put the victim back into the position they were in before the accident, or to make them whole once again, including a monetary amount for the pain and suffering the injured person endured.

But we all know this isn’t always possible. For injured persons, damages are more than just financial, and a victim can never be the same after a serious accident. Therefore, several types of damages exist in accident law and are awarded in successful personal injury cases. But many people are confused about what the term damages represents in personal injury tort law.

Continue reading to learn what damages are in relation to accident lawsuits, and the difference between economic and non-economic damages.

Indiana Accident Attorneys 317-881-2700
Indiana Accident Attorneys 317-881-2700

Personal Injury Damages and Losses

Damages that result from a personal injury caused by a negligent party are generally losses. These losses can be financial, emotional, physical, and mental. Depending on the types of losses experienced following a personal injury, damages can be economic, non-economic, punitive, or a combination of all three. There are also damages known as nominal damages, which are small sums of compensation that are awarded to acknowledge that a victim, although not seriously injured or subject to substantial financial losses, was still violated in terms of their rights.

Facts About Economic Damages

Economic damages, also known as compensatory damages or general damages, are the calculable financial losses that can be defined by an actual dollar amount and redeemed through financial compensation. Economic damages include hospital bills (i.e., hospitalization, ambulance transport, anesthesia, emergency room services, surgeries, doctor care, x-rays, MRI’s, etc.), medical expenses (i.e., physical therapy, medical equipment, medication, etc.) lost wages from time off work, property damages, lost benefits from spouses’ death (i.e., insurance, veteran benefits, etc.), in-home nurse, and anything else that was a direct financial loss to the victim or their family.

Facts About Non-Economic Damages

Non-economic damages are more difficult to assign a dollar amount to because they are not direct and tangible monetary losses, like medical bills and lost wages. Instead, they are damages awarded for emotional or mental losses and tribulations. Examples of non-economic losses include pain and suffering damages, mental anguish or illness (i.e., depression, anxiety, etc.), loss of companionship (i.e., wrongful death, brain damage to loved one, paralysis of loved one that changes or prohibits the relationship, etc.), long-term medical care or medication dependencies, diminished quality of life, permanent disabilities, loss of ability to work, and more.

Understanding Punitive Damages

For very malicious or egregious acts, a judge or jury might also award punitive damages depending on the circumstances of a case. These are different from economic and non-economic damages because they are not intended to put a victim back into the same position they were in before an injury or accident, at least as much as possible. Although punitive damages are still paid in part to the plaintiff, they are meant to be more of a punishment for the at-fault party. They are intended to set a public example and double as a deterrent for the type of gross negligence involved in the case.

Are you ready to speak with a licensed injury attorney about obtaining compensation following your wrongful accident? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial case evaluation for your personal injury claim in Indianapolis, Indiana. Act now before evidence is lost and time runs out on your claim. We represent clients all throughout the state.

You Might Also Read:

Common Damages Awarded for Traumatic Brain Injury Accidents
The Most Common Types of Damages Awarded in Personal Injury Lawsuits
What are Future Damages in a Wrongful Death Case?

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Injured from a Defective Surgically-Implanted Medical Device?

What You Need to Know if You Were Injured By a Defective Implant

Many patients are recipients of surgically implanted medical devices, such as hernia meshes, IVC filters, and artificial joints. But when these devices are defective and cause serious injuries to the patient, who is responsible for the damages? It is often assumed that a defective implant injury is a medical malpractice case, but really, it is usually more likely a product liability case.

Continue reading to learn the difference between product liability and medical malpractice liability, as well as the most common types of implant defects that can cause serious injuries to patients.

Product Liability Lawyers Indianapolis IN 317-881-2700
Defective Product Lawyers Indianapolis IN 317-881-2700

Product Liability and Medical Malpractice

When a surgically implanted medical device is inserted in a patient, so long as their medical teams and doctors were not negligent in the process, they are not liable for any defects that occur within or from the device. In such a case, it is most likely the manufacturer’s fault. If the health care provider was negligent or careless in some way, and their negligence was a responsible cause of a patient’s injuries, they too could bear responsibility for their negligence.

So long as the health care provider acted reasonably and in line with the medical standard of care, they would not be responsible for a defective medical implant.

If the medical device is defective or dangerous, and the patient is harmed as a result, the manufacturer would be liable, and a product liability case could be pursued.

Medical Implant Defects and Liability

There are several different types of liability when it comes to defective products and their manufacturers. As for surgically implanted medical devices that are dangerous and defective, there are 3 types of liability:  design defects, manufacturing defects, and marketing defects.

Design Defects – When a medical device is manufactured correctly, but the design of the device is intrinsically dangerous, it is considered a design defect. In the case of surgically implanted devices, design defects are not a common occurrence. Most often, medical devices are not accused of design defects but it can and does happen.

Manufacturer Defects – When a medical device is designed properly, but the manufacturer does not adhere to the specifications of the design and/or manufacturers it incorrectly, it is deemed a manufacturing defect. In these cases, the incorrect manufacturing prevents the device to work as intended, thus causing serious harm to recipients of the device.

Marketing Defects – A marketing defect can occur when a medical device’s instructions or advertising campaigns are incorrect, thus posing dangers to patients. For instance, if a medical device manufacturer fails to warn recipients about possible side effects or any concealed dangers that can result from using the device, this could be deemed a marketing defect.

Do you believe you or someone you love is a wrongful victim of a defective product? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your eligibility for pursuing a product liability claim in Indianapolis, today. We represent clients all throughout the state of Indiana.

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Is Market Share Liability Still Used in Product Liability Cases?

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Where Do I File a Personal Injury Complaint?

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700
Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000.  Starting on July 31, 2021, the limit will be raised to $10,000.  If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident lawyer. We serve clients throughout the state of Indiana.

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Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?

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Facts About Premise Liability Policy For Small Business Owners

Slip and fall injuries can and do happen on the premises owned or controlled by business owners, small and big alike.  All businesses should have general liability insurance and premise liability insurance for a commercial property and their business in general.  Small and big employers and their employees are sometimes “negligent”, which basically means failing to use due care.  If a business is negligent, they can and should be held liable for resulting injuries and damages to their patrons.  If a business is found to be negligent by a judge or jury, their insurance carrier will pay for any verdict against the company.

Continue reading to learn about premise liability policy protection and who to call for pertinent advice and information about this topic and more.

Indianapolis IN Slip and Fall Lawyer 317-881-2700
Indianapolis IN Slip and Fall Lawyer 317-881-2700

General Liability Insurance for Small Businesses

Not only is it important to retain this kind of insurance, it is also important to obtain the right amount of coverage. Having enough coverage is necessary for proper protection for the business and to provide for full compensation for a patron injured as a result of negligence. An experienced insurance agent can provide accurate assessments for a business’s particular policy coverage needs although in general, the more coverage you have the better.

For such insurance policies, a business pays a monthly or quarterly premium for their insurance coverage. This premium promises an insurance defense attorney to fight their case, as well as a money reserve to cover any court-ordered retributions or remunerations awarded against them by a verdict or for funds to use to obtain a settlement.  This is another reason supporting the importance of having enough liability coverage.

Premise Care and Maintenance

Businesses have a legal obligation to provide a safe premise for anyone invited or welcomed onto their property. It is important to properly inspect, maintain and care for their property, inside and out, so people are not injured. This means proper inspections, floor cleaning, repair, and maintenance, as well as routine snow shoveling and salting, pathway clearing, concrete repair, and much more. It would also includes reviewing and ensuring that the property meets all safety rules, codes and ordinances.

It is also their duty and legal obligation to supervise employees and staff within their business as businesses can only act through their owners, officers, agents and employees. If any of these persons were negligent and contributed to causing a person’s injuries, the business itself is held responsible under Indiana law.  Thus, it is important to make sure all employees are fully aware of the importance of premises safety for any business.

Hire an Indianapolis Personal Injury Lawyer if You are Hurt in a Slip and Fall Accident

If you were recently injured in a slip and fall accident, contact a licensed Indianapolis slip and fall lawyer for professional legal advice and information. You may be entitled to legal compensation for your damages and losses.

Were you seriously injured in a slip and fall accident in Indiana? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. to schedule a free consultation with an Indianapolis Indiana slip and fall lawyer, today at 317-881-2700. We are happy to discuss your case over the phone, via Zoom, at your home or in person at our office. We represent injured victims throughout the state of Indiana.

You Should Also Read:

 Important Injury Lawsuit Information for Slip, Trip, and Fall Accidents
What Causes the Most Slip and Fall Accidents?
What Physical Evidence Should I Keep for a Slip and Fall Claim?

Indianapolis Personal Injury Lawyers 317-881-2700
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Deponent Tips for Personal Injury Depositions

As a personal injury victim or survivor, it is likely that you may be subjected to a personal injury deposition, therefore making you a deponent. A personal injury deposition is intended to provide a platform for attorneys to ask questions, seek answers, and document the case.

All parties deposed are done so under oath, which means there can be legal repercussions for deponents who are dishonest during their deposition session. If you have just received a Notice of Deposition, or already aware that you will soon be deposed, it is important to educate yourself on what to expect and how to conduct yourself.

Continue reading to learn what you need to know about preparing for your personal injury deposition, including some important tips that will help you be as successful as possible.

Personal Injury Lawyer Indianapolis IN 317-881-2700
Personal Injury Lawyer Indianapolis IN 317-881-2700

How to Prepare For Your Personal Injury Deposition

The first thing you should do is meet with your attorney a few days prior to your deposition so you can review relevant documents in an attempt to help jog your memory to events that took place usually quite some time ago.

During your personal injury deposition, a court reporter will be recording the entire session. For this reason, it is important to focus closely on what you are going to say, and how you are going to approach every question. Anything you say at your deposition can be used later to challenge any inconsistencies in your testimony at trial.

Whether a plaintiff or defendant, a deponent can expect to be asked some basic questions. Such questions will likely be about their past medical history and personal injuries, their current employment, the specific event that gave rise to the lawsuit, who they’ve talked to about the case so far, there criminal history, their driving record, current physical status, and similar basic data that would be relevant to the case.

You can expect your deposition to take anywhere from 60 to 90 minutes, but in larger cases, it may take longer to reach completion. Arrive sometime before your session so that you may meet with your personal injury lawyer and discuss some important objectives before getting started. Be sure to dress in business casual attire, as if you are interviewing for a job or going to church.

Personal Injury Deposition Advice

MAKE A GOOD FIRST IMPRESSION
As mentioned, it is important to dress accordingly for your personal injury deposition. Choose business casual attire, like something you would wear to a job interview or to your place of worship; and be well groomed.

BE ARTICULATE
During your deposition session, it is important that you speak up, speak clearly, and enunciate your words well. Avoid using any slang or shortcut language, and oppositely, avoid using vocabulary that is too sophisticated or confusing. Be confident with your speech.

CONDUCT YOURSELF AS A PROFESSIONAL
Just like planning your attire, it is important that you conduct yourself with the highest level of professionalism, as if you are at a job interview. Remember that a deposition is not a casual conversation, it is a question answer format. Keep your answers precise and efficient, and do not volunteer information that is not been asked of you. If the deposing attorney wants to know more on a topic, they will ask follow-up questions.

DO NOT RUSH
Although it is important for you to be professional and speak up during your deposition session, it is equally important that you do not rush through it all. Be patient as you wait for the attorney to ask the question entirely, and then take your time thinking about what you want to say before you offer your answers.

BE RESPECTFUL AND COURTEOUS
During your deposition, you will feel threatened or wrongly accused by the opposing attorney’s questions. No matter how you feel, maintain your composure and be as polite and respectful as possible. Avoid arguing with the attorney or using any sarcasm. This is very important during a personal injury deposition.

DO NOT GUESS
You never want to play the guessing game in a personal injury deposition. If you don’t know the answer to something or cannot remember a certain detail, just say I do not recall.  Your attorney does not want you guessing at your deposition because people get things wrong when they are guessing.  As mentioned earlier, anything you say during your recorded session can be used later at your trial to challenge any inconsistencies the opposing attorney may have found.  If the opposing attorney can get you to start guessing at answers to questions in a deposition, there will inevitably be inconsistencies because you are guessing.

Are you looking for personal injury help after being recently injured in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to meet with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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Frequently Asked Questions About Summer Camp Accidents and Liability

When your child is seriously injured at a summer camp, as the parents, you are left with loads of questions, concerns, and significant medical bills. For this reason, it is natural for you to question which party should be held responsible for your family’s damages and losses incurred as a result of your child’s injuries. By better understanding the laws and regulations surrounding summer campground liability, you can place yourself at an advantage when preparing to meet with a personal injury lawyer to discuss the claim.

In fact, continue reading to review frequently asked questions about summer camp accidents and liability, and learn how to get started with a free case evaluation as soon as tomorrow.

Child Injury Lawyers Indianapolis IN 317-881-2700
Child Injury Lawyers Indianapolis IN 317-881-2700

Summer Camp Accident FAQS

What Happens if My Child is Injured While Overnight Camping or Hiking?

When going on an overnight camping excursion or even a simple hike, you know there are certain risks and liabilities involved in trekking through the wilderness. You generally only anticipate the foreseeable risks, like bug bites, sunburns, dehydration, and poison oak. But there are many other accidents that can happen that you should be aware of. If your child was injured on a similar camp outing, you should speak with an Indiana personal injury lawyer who can identify whether or not the camp had a duty of care, if they breached that duty of care, and if that breach was a responsible cause of your child’s injuries. If you can prove these things, then you can win your case against a negligent summer camp.

Can I Sue a Summer Camp if My Child is Seriously Injured After Slipping and Falling at the Pool?

The same scenario applies to a summer camp slip and fall, poolside injury. In order to win your claim, you would have to prove to the courts that the summer camp/pool had a duty of care, breached that duty, that breach caused your child serious harm, and your family suffered losses as a result of your child’s injuries. This is why you need an experienced Indiana accident attorney to help navigate and win your case.

Can Summer Camp Waivers Be Legally Enforced?

When you enroll your kids into a summer camp, one of the first documents they will have you sign is a waiver. This waiver is an attempt to alleviate as much liability and responsibility for injuries and accidents to children. Sometimes, these waivers are legally enforceable, but they also have their limits depending on the circumstances of your case.

Who is Liable for Children’s Injuries at Summer Camp?

Parents simply want to know who is responsible for their child’s injuries at summer camp. The answer sometimes is not clear and varies from case to case depending on the individual circumstances. However, most often it is the summer camp that ultimately has a duty of care to supervise minors while under their care. This responsibility falls under Premise Liability Law. The law can get complicated and you need a personal injury attorney to assist you in your case.

Is a Summer Camp Required to Disclose Staffs’ Criminal Backgrounds?

Summer camps have a duty to perform background checks on their employees, as well as a duty to disclose any reports or allegations of suspected child misconduct or abuse to parents. This is why extensive research of summer camps is so strongly recommended.

Are you ready to learn about your eligibility for pursing legal action against a negligent Indiana summer camp or counselor? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free personal injury case evaluation. Act fast, before the statutes of limitations runs out on your claim or evidence supporting your claim is lost.

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How to Make a Personal Injury Claim for Your Child
What to Do if Your Child Was Injured by a Polaris Vehicle in Indiana
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Indianapolis Personal Injury Lawyers 317-881-2700
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Why Choose Us for Your Indiana Car Accident Personal Injury Claim

If you were wrongly hurt, you deserve justice. It is vital that you act fast by speaking to a licensed and experienced personal injury lawyer who specializes in motor vehicle accident claims and lawsuits. It is important to do this in order to avoid losing critical evidence and exceeding the statutes of limitations for your claim. Who can you trust to successfully represent your Indiana car accident personal injury claim and obtain the maximum settlement or verdict for your damages? The answer is simple:

The Law Office of Craven, Hoover, and Blazek P.C.

Continue below to learn more about getting started on your financial recovery with the help of our esteemed car accident attorneys in Indiana.

Indianapolis IN Car Accident Attorneys 317-881-2700
Indianapolis IN Car Accident Attorneys 317-881-2700

Indianapolis IN Car Accident Lawyers Who Will Fight For Your Right to Fair Compensation

Although based out of Indianapolis, our personal injury lawyers represent claimants all throughout the state of Indiana. We offer free initial consultations to discuss your case and determine your eligibility for pursing legal action against the at-fault party who caused the car accident. In fact, there are never any out-of-pocket fees for our services.

Our Indiana accident law firm was founded on the belief that wrongly injured victims and personal injury survivors deserve justice in the form of compensation. For that reason, we make it simple for injured victims to become our clients. Not only do we provide free case evaluations, but we also never charge any upfront lawyer fees. You do not pay us unless and until we recover a settlement or verdict from the at-fault party’s insurance company for you.

Motor Vehicle Accident Cases We Handle:

► Car Accidents
► Truck Accidents
► Commercial Truck Accidents
►Common Carrier Accidents (Public buses, trains, planes, etc.)
► Company Vehicle Accidents
► Motorcycle Accidents
► Boating Accidents
► Pedestrian Accidents
► Drunk Driving Accidents
► Wrongful Deaths

Common Types of Car Accident Injuries We Represent:

▷ Orthopedic Injuries
▷ Soft Tissues Injuries
▷ Whiplash
▷ Head Injuries
▷ Brain Injuries
▷ Compound Fractures
▷ Tissue De-Gloving
▷ Amputations
▷ Ruptured Organs
▷ Internal Bleeding
▷ Coma
▷ Wrongful Death
▷ And More

Get Started on Your Indiana Car Accident Claim ASAP

Each attorney at The Law Office of Craven, Hoover, and Blazek P.C. has more than 25 years of experience representing car and motor vehicle accident cases in Indiana. If you or someone you love recently suffered injuries from a motor vehicle accident caused by negligence of another person, you may be entitled to compensation. We can obtain a settlement or verdict for your damages and losses, such as medical bills, hospital bills, lost wages, pain and suffering, and more. Again, you must act fast before evidence is lost and your time to file a claim expires.

Are you ready to get started on your car accident injury claim? Contact us as soon as possible to schedule your free consultation with a qualified Indiana car accident injury lawyer. We can speak via phone, video conference, or in-person at our Indianapolis personal injury law office.

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Facts About Lost Wages in a Personal Injury Claim

There are many types of damages and losses a personal injury victim can incur as a result of their accident and subsequent injuries. But one of the most common types of losses experienced by accident survivors is lost wages. When a person is seriously injured, they often lose time at work due to frequent hospital or doctors’ visits, or miss work entirely because they are unable to perform their work duties. Without a steady paycheck, accident victims then go on to suffer other types of financial losses, such as house bills and car payments.

For this reason and more, it is important for wrongfully injured victims to recover the full and fair compensation they rightfully deserve, including damages for lost wages. A personal injury lawyer can help you obtain the maximum settlement or verdict for your accident claim if you lost past, current, or future earnings as a result of another’s negligence.  

Continue below to learn more about lost wages, including how to prove them in a personal injury case and where to find skilled personal injury representation near you.

Indianapolis IN Personal Injury Law Firm 317-881-2700
Indianapolis IN Personal Injury Law Firm 317-881-2700

Recovery After an Accident

Because injuries vary so greatly, so does the spectrum of recovery times. One person might recover within a few weeks, and able to return to work while they finish healing, while another person might spend years in recovery. Some personal injury victims never fully recover and lose their ability to work altogether. In all cases and scenarios, wrongfully injured victims deserve to be compensated for their lost income, as well as a wide range of additional damages, such as medical expenses, hospital bills, pain and suffering, mental and emotional anguish, permanent or partial disability, and much more as it pertains to the case.

Types of Lost Wages and Proving Them

There are various types of earnings a personal injury victim can lose out on, whether the victim is the actual injured person or a spouse or family member. The most common types of lost wages awarded in personal injury cases include hourly wages, overtime, sick leave, vacation days, bonuses, company perks, and benefits (i.e. insurance, social security, pension, etc.).

With so many kinds of wages paid to injured workers, it is necessary to prove such incomes with concrete evidence. The most common pieces of evidence used to prove a victim’s lost wages include pay stubs, tax documents, W2’s, a letter from the employer verifying a worker’s wages, a doctor’s note stating an employee cannot work, medical records, expert testimony, and basic data about their work schedule and weekly hours. If a victim is self-employed, their business’s banking records would be presented.

Future Lost Wages

Not only can personal injury victims possibly collect compensation for past and current lost wages, but they may also qualify to collect compensation for future lost earnings as well. This type of personal injury claim is referred to as a loss of potential to earn, and is often awarded in personal injury cases when a victim’s injuries are sustaining, rendering them unable to work for the foreseeable future. They are compensated for all projected future earnings, including pay raises, promotions, bonuses, overtime, and benefits.

Do you want to learn your eligibility for collecting compensation for lost wages after being wrongfully injured in an accident? Contact the accident attorneys at Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned personal injury lawyer in Indianapolis, Indiana.

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Indianapolis Personal Injury Lawyers 317-881-2700
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Common Types of Expert Witnesses in an Accident Lawsuit

Continue below to learn which kinds of expert witnesses you might outsource for your personal injury lawsuit.

Indiana Personal Injury Accident Lawsuit Attorneys
Indiana Personal Injury Accident Lawsuit Attorneys 317-881-2700

Personal Injury Expert Witness Testimonies

When it comes to predicting the outcome of a client’s accident lawsuit, it all depends on what can be proven. As an injured victim, you and your team of personal injury lawyers are the plaintiff party, which means your side holds the burden of proving your damages, even if the case is obvious. Not only must you prove your past, current, and future damages, but as the plaintiff in a personal injury lawsuit, you must also prove that your accident and subsequent injuries were a proximate result of the defendant’s negligence or carelessness.  The plaintiff must prove their case on a more likely than not standard.

One effective strategy that accident lawyers rely on to prove their client’s damages is expert witness testimony. By calling on certified professionals and specialists, an accident attorney can strengthen their case by supporting their arguments with cold hard facts and empirical evidence given by qualified and reputable witness testimonies. This step is an important part of most personal injury lawsuits.

Your Accident Lawyer Will Choose Your Expert Witnesses

As a recent victim of an accident that was not your fault, you may not know if your personal injury case will require expert witness testimony, nor are you expected to know which experts to choose if you do. Instead, trust your seasoned Indiana personal injury attorneys to navigate these aspects of your claim for you, and choose the proper expert witnesses to recover the full and fair settlement you deserve. The expert witnesses they choose for your case will depend on the type of accident and injuries you’ve suffered, as well as the various details surrounding the accident and negligence itself. They will also consider the potential arguments the defense will likely raise.

Expert Witnesses Often Used in Accident Lawsuits

► Medical Experts – Doctors, nurses, counselors, therapists, and similar medical professionals are often called upon in personal injury cases. They are used to confirm the validity of the injured victim’s diagnosis, explain the details and necessity of their treatment, and to help prove the extent of injury. They will give their professional opinions and diagnoses on the severity of the injuries, and whether or not they are temporary, long-term, or permanent. Sometimes, multiple medical experts are called to the stand to testify in personal injury lawsuits.

Mental Health Experts – Along with licensed medical professionals, often times a personal injury legal team will outsource expert witness testimony from mental health professionals, some of which are actually licensed doctors, such as psychiatrists. Other mental health experts used in such cases include psychologists, therapists, grief counselors, family counselors, and psychoanalysis experts.

Accident Re-constructionists – Accident reconstruction specialists reconstruct the setting and circumstances of the accident to reveal certain facts, usually about who’s at fault. These expert witnesses are sometimes used on motor vehicle accident and pedestrian accident cases, as well as bicycle accident cases, workplace accidents, and slip and fall accidents.

Industry and Occupational Experts – In some cases, a personal injury lawsuit will include witness testimony from certain industry or occupational experts. These professionals will testify regarding the safety standards surrounding the accident, as well as municipal factors, architecture, building codes, fire codes, OSHA, and more.

Financial Experts – When it comes to proving the calculable losses suffered by the plaintiff party in a personal injury lawsuit, finance and economic experts are sometimes used. This is fairly common in accident cases that involve severe disability and extensive financial devastation, such as wrongful deaths and catastrophic accidents.

Do you need help with your personal injury case in Indianapolis, Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured.  We represent the families in wrongful death cases and injured persons throughout the state of Indiana.

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Does an Injured Victim Need a Witness to Prove a Car Accident Case?
The Importance of Witness Statements After a Car Accident
Can I Settle a Personal Injury Claim if I Cannot Prove Fault?

Indianapolis Personal Injury Lawyers 317-881-2700
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The Most Common Types of Damages Awarded in Personal Injury Lawsuits

Those who are injured wrongfully by a reckless or negligent party should not be financially liable for their damages and losses. Wrongfully injured victims deserve justice, and that justice by law comes in the form of full and fair compensation for everything from medical expenses and hospital bills, to lost wages, pain, suffering, disability, and much more. These types of losses all fit under one of two categories of damages, economic and non-economic. Within these two umbrella categories lies several other types of damages that are and should be awarded in personal injury cases. As an injured victim hurt in an accident that was not your fault, you deserve to know which types of damages you are entitled to under the law.

Continue reading to review the most common types of damages in personal injury lawsuits, and where to get trusted advice on your claim.

Indianapolis IN Personal Injury Law
Indianapolis IN Personal Injury Law Firm 317-881-2700

Economic and Non-Economic Personal Injury Damages

Economic damages represent quantifiable losses that are documented, and therefore, can be more precisely calculated. Examples of such damages include hospital bills, medical expenses, gas money spent traveling to and from doctor’s visits, lost wages from missing time at work, and similar out-of-pocket costs. Non-economic damages are the opposite, as they are more difficult to put a figure to. However, these types of damages are even more impactful and deserving of compensation, such as pain and suffering, emotional trauma, mental anguish, loss of consortium, loss of ability to work, permanent disfigurement or disability, and similar losses experienced by a personal injury victim.

Compensatory Damages – Economic damages, like hospital bills and medical treatment, are types of compensatory damages, or actual damages. They can be traced and calculated.

General Damages – General damages are also known as hedonic damages, and they represent non-economic damages like pain and suffering or reduced quality of life.  These are the damages that injured persons are entitled to under the law and any settlement or award for these types of damages should be substantial if the injury was substantial.

Special Damages – There is also another category known as special damages, which are awarded for things like property damage, legal fees, and even incidental and future damages, if eligible.

Punitive Damages

Courts may also award additional punishable damages in special cases of extreme offensive conduct including gross negligence. These are called punitive damages, or exemplary damages, and are more intended to reprimand the wrong-doer rather than award the victim (although the victim still receives a percentage of the monetary compensation awarded). Punitive damages are awarded in cases where victims suffered losses as a result of another’s maliciousness, brazenness, or gross negligence. They are intended to set an example, as well as reform the wrong-doer and deter others from similar immoral behaviors.

Aggravated Damages

Aggravated damages are not a separate category of damages, but rather an extension of general damages that fall under compensatory damages. Aggravated damages are essentially the same as punitive damages, since they are awarded for cases of egregious invidious conduct, however, they are directly compensatory in nature. Punitive damages are meant to punish, whereas aggravated damages are meant to monetarily compensate a victim for aggravated injuries sustained by a defendant’s extreme malevolent conduct.

To learn more details about the common damages awarded in a personal injury claim, speak with a licensed Indiana accident lawyer who has the knowledge and experienced necessary to obtain the full and fair compensation you deserve as a wrongfully injured victim.

Learn More About Making a Personal Injury Claim in Indianapolis, Indiana

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn your rights to being compensated for your damages and losses after being wrongfully injured in Indianapolis, Indiana. Our seasoned personal injury lawyers retain extensive trial and litigation experience, and never collect attorney fees unless we obtain a settlement or verdict for you. Contact us today to schedule a free initial case evaluation, and explore your claim’s strength with a skilled injury lawyer. We serve clients in and around Indianapolis, and all throughout the state of Indiana. Act now before evidence is lost and time runs out on your claim!

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