Legal Facts About Pain and Suffering Damages in Indiana

When accidents happen as a result of negligence, which is defined as simply the failure to exercise reasonable care, victims are entitled to seek out the proper remuneration for their damages and losses which resulted from the negligent conduct. Although economic damages are usually easy to calculate, such as medical bills and absent paychecks, damages for pain and suffering prove to be more challenging. For this reason, it is vital for accident victims to hire a skilled Indiana personal injury law firm to represent them in their case. A qualified accident attorney will work to ensure clients recover the full settlement they deserve for all of their damages, whether economic, non-economic, or both.

Continue reading to learn Indiana’s law regarding pain and suffering damages in a personal injury case, as well as what you can do to recover compensation after being hurt in an accident.

Personal Injury Attorney Law Firm 317-881-2700
Personal Injury Attorney Law Firm 317-881-2700

Indiana Statute of Limitations

In Indiana, all personal injury claims, including medical malpractice and product liability, have a 2 year statute of limitations, with certain exceptions. This means that victims usually have 2 years from the date of their accident to file a claim against the at-fault party. Those making a claim against the state usually have 270 days from the day of their accident to do so, while those making a claim against a city or county usually have 180 days.

Indiana Damage Caps

Here in Indiana, the law places certain limits on personal injury damages for certain types of cases. For instance, in medical malpractice claims, the damage cap is set at $1.8 million. For most claims against the state, the damage cap is set at $700,000. Furthermore, because Indiana recognizes the legal principal of comparative negligence, victims who are found more than 50% at-fault for their subsequent injuries, they are not entitled to any recovery.  Each case is different so an attorney should be consulted right away.

Economic and Non-Economic Damages

As mentioned in the introduction, there are two categories of damages: economic and non-economic. Economic damages are the actual expenses paid out of pocket by accident victims or their insurance carriers. Examples of such expenses are hospital bills, medical payments, and lost wages from work. Non-economic damages are more subjective costs, such as pain and suffering.

Calculating Pain and Suffering Damage

Every victim experiences a unique level of pain and suffering as a result of their accident. Examples of pain and suffering include the experience of being harmed, the stress and discomfort of the recovery and treatment process, mental anguish, depression, anxiety, PTSD, permanent disability, disfigurement, and similar emotional and mental inflictions. Because of the broad pain and suffering spectrum, it can be challenging calculating its financial value. In order to calculate pain and suffering in a personal injury case, many factors must be considered, measured, and applied to the final decision.

In some cases, personal injury attorneys push the multiplier method, which is a multiplier formula that aids in approximating a victim’s overall damages, both economic and non-economic. When using the multiplier method, a reasonable and valid multiplier is assigned to a case, and is then multiplied by the total of economic damages. The more severe, lasting, and painful the injuries, the higher the multiplier number will likely be.

Where to Get Trusted Legal Advice for Your Indiana Accident Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed personal injury attorney in Indianapolis, Indiana. Seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek can help you recover the full and fair compensation you deserve after being seriously injured in an accident. We offer free initial consultations and never collect attorney fees unless we obtain a settlement for you. Contact us to get started in your financial recovery, today.

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