Sustaining a permanent disability as a result of an accident can be life-changing, affecting not only your physical abilities but also your financial and emotional well-being. For personal injury victims in Indiana, understanding how to seek permanent disability damages can mean the difference between financial strain and securing the support you need to rebuild your life.

This post will guide you through the essential aspects of pursuing permanent disability damages in Indiana, from understanding what qualifies as a permanent disability to the types of damages available, how to prove your case, and common mistakes to avoid.

Call 317-881-2700 to Schedule a No-Fee Consultation With a Disability Injury Lawyer in Indianapolis Indiana

What Constitutes Permanent Disability in Personal Injury Cases?

Before filing a claim, it’s important to understand how permanent disability is defined under Indiana law. Permanent disability refers to long-term or lifelong impairments caused by an accident or injury. These impairments can limit your ability to work, care for yourself and your family, and enjoy life as you did before the incident.

Types of Disabilities Explained for Worker Compensation and Personal Injury Cases

Temporary Total Disability (TTD): A short-term condition where you’re unable to work during recovery.
Temporary Partial Disability (TPD): Temporary injuries that partially impact your ability to perform work duties.
Permanent Total Disability (PTD): Long-term disabilities that make returning to any meaningful work unlikely or impossible.

When evaluating eligibility, courts and juries consider factors like the severity of your injury, your medical prognosis, and your ability to work post-recovery.

Types of Permanent Disability Damages You Can Seek

If you qualify for a permanent disability rating, you may be eligible to recover the following types of compensation, collectively referred to as personal injury damages.

1. Medical Expenses

Indiana law allows victims to recover the cost of current and future medical treatments related to their disability. Covered expenses may include hospital stays, surgeries, rehabilitation, physical therapy, and the cost of medical devices like wheelchairs.

2. Lost Wages, Future Lost Wages and Future Earning Potential

Losing the ability to work can be devastating for both you and your family. Courts and juries will calculate compensation for:

Wages lost during recovery.
Diminished earning capacity if you can no longer perform certain work due to your injury.
Future lost wages if you are unable to engage in future employment.

3. Pain and Suffering

Non-economic damages, like your physical pain and emotional suffering, are harder to quantify but equally significant. Indiana courts and juries may consider the extent to which your injury has negatively impacted your quality of life.

4. Other Related Expenses

You can also claim compensation for other costs associated with your disability, such as home modifications or the need for ongoing in-home care.

How to Prove Permanent Disabilities in Indiana

Proving permanent disability is one of the most critical components of your case. Without sufficient evidence, securing compensation can become an uphill battle. Here’s how you can document a strong claim.

Collect Comprehensive Medical Evidence

Obtain detailed documentation of your injury from healthcare providers. Key evidence includes medical records, diagnostic test results, and your treating physician’s testimony supporting the permanence of your disability. Your attorney will obtain this information for you.

Secure a Permanent Disability Rating

In a worker compensation case, Indiana uses disability ratings as a benchmark for determining compensation. A physician may assess your level of impairment and assign a percentage rating based on how the disability affects your overall function. This rating is crucial for calculating damages.

Collaborate with Expert Witnesses

Engaging expert witnesses is necessary for your case, especially when dealing with contested claims. Their specialized knowledge and professional insights can provide clarity, credibility, and persuasive evidence to support your arguments, making them an invaluable asset in legal disputes.

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The Role of Expert Witnesses Such Cases

Expert witnesses can provide valuable insight to support your claim. Here are two types of expert witnesses often used in Indiana personal injury cases:

Medical Experts: These professionals testify to the nature of your injury, its severity, and its long-term implications. Their opinions lend credibility to your claim of permanent disability.
Vocational Experts: Vocational experts analyze how your disability impacts your ability to work. They may testify about the types of jobs you can (or cannot) perform and your reduced earning capacity moving forward.

Understanding Indiana Laws on Permanent Disability Claims

Indiana has specific statutes and precedents governing personal injury and permanent disability claims. Understanding these laws can help ensure your case is built on a solid foundation.

Key Statutes and Precedents

Indiana Code § 34-23-1-1: This statute governs personal injury actions, including claims for damages related to permanent disability.
Indiana Rules of Evidence: These rules determine what evidence is admissible in court, including expert witness testimonies.
Indiana Pattern Jury Instructions: These instructions guide juries in awarding damages, including compensation for permanent disability.

Common Mistakes to Avoid When Seeking Permanent Disability Damages

To give your case the best chance of success, steer clear of these common pitfalls.

► Failing to Seek Immediate Medical Care
Always seek prompt medical attention after an injury and follow your doctor’s instructions.

► Not Documenting Enough Evidence
Thoroughly document all medical treatments, expenses, and other related costs to ensure you can prove the full extent of your losses.

► Neglecting Expert Testimony
Expert witnesses can make or break your case, especially when it comes to proving diminished earning capacity and quality of life impacts.

► Attempting to Handle Your Case Alone
Indiana personal injury law is complex, and having an experienced attorney by your side will significantly improve your chances of securing full and compensation. Failing to follow the law can be fatal to your possible case so it is vital to obtain an attorney.

Seeking Legal Assistance for Your Disability Claim

Navigating the process of filing for permanent disability damages can be overwhelming. An experienced personal injury attorney in Indianapolis can:

✅ Help you gather and organize the necessary evidence.
✅ Identify and engage credible expert witnesses.
✅ Advocate for your rights to ensure you receive full and fair compensation.

If you or a loved one has suffered a permanent disability due to an accident in Indiana, don’t leave your future to chance.

Final Thoughts

When facing the challenges of a permanent disability, securing the compensation you deserve can provide a sense of control and stability. By understanding Indiana’s legal framework, documenting a strong case, and avoiding common mistakes, you can improve your chances of reaching a successful outcome.

If you’re ready to start the process, reach out to our experienced attorneys at Craven, Hoover & Blazek, P.C. at 317-881-2700 for guidance and support at every step of the way. Our team has collected millions of dollars in settlements and jury verdicts for our clients over the last 30 years, so we know how to obtain the maximum award for your claim.

Speak With a Personal Injury Lawyer Now

Are you currently receiving workers’ compensation benefits from a recent workplace or work-related injury? If so, it might be in your best interest to maintain your employment for the time being. Wanting to quit your job after suffering injuries in a workplace accident is understandable, but when you are on workers’ comp, it is not always the wisest choice.

Continue reading to learn more about workers’ compensation benefits, and how quitting your job could cause issues.

Worker Disability Lawyer Indianapolis Indiana 317-881-2700

Employment and Workers’ Compensation

Whether you can quit a job you are receiving workers’ compensation benefits at depends on a wide range of factors, from the state you live in and the status of your recovery to the benefits you are eligible for, why you wish to leave your position, and much more. For this reason, and because the matter of maintaining employment while on workers’ compensation is not a cut-or-dry matter, it is strongly encouraged to seek advice from a licensed and qualified Indiana workplace injury lawyer.

Medical Expenses and Hospital Bills are Covered Under Workers’ Comp Benefits

If you are injured on the job or while performing work-related duties, all of your medical expenses and hospital bills will be covered under your workers compensation benefits. Even if you quit your job, these benefits are still available to you. After all, your injuries from your work-related accident do not suddenly heal themselves if you decide to terminate your position at your place of employment.

COMMON MEDICAL EXPENSES:

▶ Medical Treatments
▶ Hospitalization
▶ Surgery
▶ Rehabilitation
▶ Physical Therapy
▶ Medications
▶ Mileage to Doctor’s Appointments
▶ Medical Devices (Wheelchairs, Crutches, Braces, Etc.)

Once the worker compensation judge that you have reached maximum medic a l improvement (MMI), which means your condition cannot be improved by further treatment, your workers’ compensation benefits for medical expenses and hospital bills will at least partially end. The judge makes his or her decision based upon the opinion of the doctor chosen by the worker compensation carrier, your own physician and sometimes a physician chosen by the judge. However, this does not mean that all workers compensation benefits have been extinguished. As a result of your workplace accident and injuries, you could require compensation for future medical care, medications, medical devices, and other future losses, such as partial or permanent disability and loss of inability to return to full employment.

Coverage for Lost Wages

When an injured worker is recovering from a workplace accident, they are unable to earn wages in the same way they were able to before the accident. Workers’ compensation benefits are designed to cover such losses, thus bridging the financial gap between leaving work and returning to work. However, the essential term here is worker. If a worker quits their job, there is no returning to their job, which can cause them to lose their worker’s compensation benefits.

Temporary and Permanent Disability

There are different types of categories an injured worker can be placed in depending on the degree of their impairment. These categories include Temporary Total Disability (TTD), Temporary Partial Disability (TPD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). With temporary disability benefits, an injured worker generally receives 2/3rds of their average weekly pay. Injured workers who have suffered permanent disabilities will generally receive a lump-sum settlement, but in other cases may receive continued worker’s compensation payments.

ADDITIONAL FACTS TO CONSIDER:

☑ Quitting a job while on workers’ compensation may have a negative effect on your settlement.

☑ Never quit your job before making a workers’ compensation claim.

☑ If you are classified as TTD, but your employer does not have light duty work available, you can still receive workers’ comp benefits.

☑ If you quit while receiving workers’ compensation benefits, this can cause issues.

You have the right to quit your job on workers’ compensation, and no one will stop you, but understand that there is a risk when it comes to receiving the full and fair benefits you deserve. Talk to a workplace injury lawyer first, before making any decisions about your employment.

Are you having trouble understanding your workers compensation benefits in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a licensed and experienced workers’ compensation attorney in Indianapolis, Indiana. We offer free initial consultations, over the phone, via online video conference, or in person at our Indy office. Our accident lawyers represent injured persons all throughout the state of Indiana.

Craven, Hoover, & Blazek P.C.

Tag Archives: Disability claims

Seeking Permanent Disability Damages as a Personal Injury Victim in Indiana