Unraveling the Calculation: What’s Your Indiana Personal Injury Claim Worth?

Posted on April 12, 2024 by admin

Navigating the complex web of personal injury law can be an intricate and emotional undertaking. For residents of Indiana who find themselves in the unfortunate position of being injured due to another person or entity’s negligence, understanding the nuances that affect their personal injury settlement value is paramount.

The road to financial justice is paved with various factors that converge to determine what compensation you may be entitled to. This blog post will serve as a guide to help you understand the key elements that contribute to your Indiana personal injury settlement value. Let’s get started!

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The True Value of Your Personal Injury Claim

Securing a fair personal injury settlement is an intricate equation. While some aspects are straightforward, others dwell in the subjective realm, often leading to questions about the ‘true’ value of a claim. In Indiana, certain fixed elements, such as medical bills and lost wages, are objective and quantifiable. However, the state’s legal framework introduces other variables, including the concept of comparative fault and the statute of limitations. It is the interplay of these factors that ultimately crafts the final settlement or verdict number.

Types of Personal Injury Damages That Impact Settlement Values

Medical Expenses

The most visible pillar of a personal injury settlement is the reimbursement for medical treatment. Indiana law tries to ensure that injured parties are fully compensated for all reasonable and necessary medical costs related to the accident. This includes emergency services, surgeries, rehabilitation, and ongoing therapies. The measurable nature of these expenses makes them one of the cornerstones in determining settlement values.

Lost Earnings

If your injury has resulted in missed work, diminished capacity to earn, or an inability to perform your job, Indiana law allows for compensation on these grounds. Lost wages are more than just the income missed during recovery; they also factor in future losses related to the injury. Financial stability is a crucial component of personal well-being, and lost earnings are a clear depiction of the impact of the injury on a person’s life.

Permanent Disabilities

In cases where an injury leads to a permanent disability, the settlement value must reflect the life-altering repercussions. The loss of future earning capacity, reduction in quality of life, and necessary changes to daily living represent costs that extend far beyond a one-time ordeal. Indiana law is structured in an attempt to provide full and fair compensation for these profound, irreversible changes in a victim’s life.

Pain and Suffering

Quantifying the psychological and emotional injury, often described as pain and suffering, is one of the more abstract components of a personal injury settlement but it is a vital element of damages under the law. The State of Indiana recognizes that an accident victim’s suffering is not solely physical and includes provisions for emotional distress, post-traumatic stress, and loss of enjoyment of life. Although challenging to articulate in monetary terms, this category forms an integral and maybe the most important part of the final valuation.

Indiana Tort Law in the Balance

The state’s legal statutes cast a shadow that defines the potential scope of a personal injury settlement. Understanding these laws is essential to comprehend the leeway and limits that judges, juries and insurance companies have in assessing a claim’s worth.

Comparative Fault Rule

Indiana abides by the modified comparative fault rule. This stipulates that an injured person can collect damages from any other at-fault party [and thus their insurance carrier], except when they are found to be 51% or more responsible for the accident. The percentage of blame attributed can significantly impact the settlement amount. It’s not uncommon for insurers to argue for a shared fault scenario to reduce their payouts, making it crucial for claimants to defend their rights with evidence and expertise.

Statute of Limitations

Indiana’s statute of limitations for most personal injury claims is two years from the date of the injury. Failure to file a claim within this window can result in the forfeiture of your right to seek compensation. Time is of the essence in bringing a claim, and procrastination can be a costly mistake. The legal deadline sharpens the urgency to act fast and accurately in pursuit of a settlement. Some claims in Indiana cannot be pursued unless a tort claims notice is provided within 6 months so hiring an attorney promptly is essential.

Maximizing Your Claim Value

Armed with the knowledge of the factors at play and the legal framework, personal injury victims can take practical steps to fortify their position and potentially enhance their settlement value.

Documentation is Vital: Comprehensive and timely documentation of the accident and its aftermath is crucial. Gathering police reports, medical records, photographs, videos and witness statements is vital for your claim.
Immediate Medical Attention: Seeking medical treatment immediately after an accident not only safeguards your health but also creates a medical record and documentation of your injuries. A prompt assessment by a healthcare professional contributes to the veracity of your claim.
The Silence of Social Media: Insurance companies often scour social media for any sign of weakness or vulnerability in a claim. Refraining from posting about your accident or injuries, or life in general, prevents potential arguments against your claim.
Legal Counsel: Immediately consulting with a seasoned personal injury attorney is perhaps the most important step in the claim process. An experienced lawyer comprehends the legal nuances, navigates the claim complexities, and advocates for your best interests.
Insurance Companies: It is important to speak with your own legal counsel before talking with a defendant’s insurance carrier. The insurance company’s job is to make money. It is a multi-million-dollar business. They are not in existence to help you or to be fair. Hire an attorney before you speak with them.

FINAL THOUGHTS

For Indiana’s personal injury victims, the determination of your settlement value is an intricate combination between the objective and the subjective. It is rooted in the tangible trail of expenses and loss yet extends to the intangibles of personal pain and suffering. The state’s legal backdrop paints a structured but dynamic canvas on which this value is plotted. Your active engagement in the claim process, bolstered by awareness and strategy, can lead to a more robust , full and fair final settlement.

If you or a loved one is an Indiana resident who has been injured here or in another state or are a resident of another state injured here in Indiana, do not leave your personal injury settlement value to chance. The law is complex, and insurers are formidable opponents. Seek out legal counsel that specializes in Indiana personal injury law. Your future deserves the best chance at justice and fair compensation.

Take the first step towards understanding and securing your settlement value, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free, one-on-one consultation with an experienced personal injury litigator in Indianapolis, Indiana. Call now before time runs out on your claim.

The Difference Between Special and General Damages in an Accident Settlement

Posted on March 11, 2022 by admin

When it comes to personal injury settlements, there are two primary categories of financial payment (damages) awarded to victims or survivors of victims: general damages and special damages. Such damages are awarded based on the specific losses incurred by the claimant or claimants.

Continue below for a brief description of general and special damages, including how they compare to one another and where you can find more information pertaining to your recent, wrongful accident in Indiana.

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The Purpose of Personal Injury Damages

Under tort law, when a person is a victim of negligence, which a is a failure to use reasonable care, a judge or jury may award damages to compensate them for their injuries and losses. Such damages can range from lost paychecks and medical bills to pain, suffering, and more. To measure the value of damages, a court must consider the losses and injuries of an accident victim’s body, mind, property, and overall quality of life. Personal injury settlements are designed to help accident victims or surviving family get back to the same state of life they were in before the accident and to fairly compensate the victim for what they experienced and will experience in the future.

Although there are several types of personal injury damages that may be awarded in a settlement, the two main categories are general damages and special damages.

Special Damages

Also referred to as compensatory or economic damages, special damages are the calculable to a large extent, losses suffered by a personal injury victim. They include hospital bills, medical expenses, lost wages from missing work, mileage to and from doctor’s appointments, property damages (in some cases), and similar precise values that can be added up with a calculator.

General Damages

General damages are also referred to as non-economic damages. These are damages that cannot be measured by a calculator, such as pain, suffering, metal anguish, PTSD, prolonged physical therapy or medical treatment, permanent disfigurement or scarring, and other conditions that cause a personal injury victim to lose overall enjoyment of life.

It is common for a personal injury victim to be entitled to both kinds of damages. Additional categories of damages that may be awarded in a personal injury lawsuit include punitive damages and future damages.

How to Determine Your Damages and Losses After an Accident

If you are wondering which damages you or your family are entitled to after being seriously injured in a wrongful accident, it is necessary to consult with an experienced Indiana personal injury lawyer. Accident attorneys can provide a free case evaluation that will allow you to discuss your questions and concerns with a licensed professional.

There are many ways a personal injury lawyer can prove your damages. You should save all medical bills, receipts, and any other type of documentation that shows the effects of your injuries. You should also save records showing when you missed work. You attorney will also help in obtaining the information for your claim.

Not sure which personal injury attorney in Indiana to choose for help you with your case? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free case evaluation with a seasoned Indianapolis Indiana accident attorney you can trust to recover the settlement or verdict you deserve. We represent victims all throughout the state of Indiana and Indiana residents injured in other states.

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4 Reasons Why Your Accident Case Will Likely End in a Settlement

Posted on January 5, 2021 by admin

In a personal injury case, a settlement is reached when the defendant’s insurance adjuster offers compensation to the plaintiff or injured party. Upon accepting the offer, the plaintiff fully relinquishes all rights to pursue any other claims against the defendant in relation to the personal injury case. It is a fact that most accident claims settle rather than go to trial. But why do most personal injury claims end this way? Well, for the same reasons yours likely will.

Continue reading to learn 4 reasons why your personal injury case will probably settle out of court, and how to get your accident claim on this track toward a successful outcome.

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At Which Point are Settlements Offered in a Personal Injury Case?

During the course of a personal injury accident case, a settlement might be offered by the opposing party at virtually any point. Most often, a settlement is submitted by the insurance adjuster after the accident claim arises, but before it is actually filed. This is a strategy used by insurance companies to get the injured victim or plaintiff to quickly settle for a small payment. In fact, this technique is a prominent reason why all accident victims need to hire a seasoned and skilled Indianapolis personal injury lawyer to represent their case.

Without adequate legal representation, accident victims are more vulnerable to accepting an offer that is less than what their claim is actually worth. Be sure to hire an experienced Indiana personal injury attorney as soon as possible to get your claim started on the right track, and to obtain the maximum settlement or verdict for your case.

Many Personal Injury Cases Settle Out of Court Because:

1. Cost Control and Risk Mitigation

Agreeing to a settlement tends to put personal injury defendants’ insurance carriers at an advantage because they have more control over the risks that might be involved in facing litigation from an injured victim. At the same time, they can mitigate their legal expenses by avoiding certain costs or excessive fees. You see, most insurance companies have it in their business model to payout such claims, as it is usually an inevitable aspect of the industry. But they do not want to pay too much, nor more than they have to. Trial is expensive, and you never know just how long it can go on. By avoiding trial, insurance companies avoid paying extra in court fees and legal costs.

2. Professional Discretion

Insurance companies do not like to put their legal matters in the public eye. So, many choose to settle with accident victims to avoid going to trial, which would be included in public records. This protects their public brand, character, value, and overall reputation. This is very common in defective product and product liability cases. Manufacturers and distributors do not want to be known for producing unsafe or dangerous products, so they will usually try to avoid going through a big public trial. It is common for settlements to attempt to include a requirement of confidentiality, protecting the defendant from negative publicity.

3. Faster Resolution and Remuneration

For accident victims, settling out of court will speed up the process for full and fair compensation. Trials can extend over a period of several months, sometimes years. When you add in appeals, it can take even longer to reach a resolution, and the resolution might not be what a plaintiff might expect. Furthermore, waiting this long to collect compensation for an injured victim’s damages and losses can cause excessive stress and struggle for both the victim and their immediate family.

4. A Guaranteed Payout

The primary reason why most personal injury cases settle out of court is because it gives the plaintiff, whether the injured victim or their next of kin, the guarantee of payment. Not only does a plaintiff know they will be compensated, but with the help of their lawyer, they will have an opportunity to negotiate for a fair settlement amount.

Your Leading Personal Injury Lawyers in Indianapolis, Indiana

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to consult with our skilled personal injury accident attorneys in Indianapolis, Indiana. Accident attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek retain extensive trial and litigation experience representing injured victims in various types of personal injury cases. We offer free initial consultations to assess your case. Best of all, we never collect lawyer fees unless we recover compensation for you! We represent injured persons throughout the State of Indiana.

Craven, Hoover, & Blazek P.C.

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