Legal Insights: What Is the Average Personal Injury Settlement in Indiana?
Car accidents are often messy, leaving victims with personal injuries and property damage. They can also put them under undue financial strain, which is why pursuing compensation is so important.
However, victims are often curious to know what amount they can expect for their personal injury claim. The truth is that this figure will vary, depending on the severity and nature of the injuries sustained, along with a host of other factors.
This article will discuss what a plaintiff can expect to receive for their injuries and provide more information about the factors that affect this figure.
A Word of Advice for Victims When Determining Average Settlement Amounts in Indiana
There is no average settlement amount that injured parties in Indiana can obtain because every case is different with its own unique facts. It would be inaccurate to list the median value of all personal injury settlements over the past year, as it can create an unrealistic expectation.
This is why it is best for victims to talk to an Indiana car accident lawyer to find out the amount that can be obtained. Knowing which damages are eligible for reimbursement will help claimants estimate the average car accident settlement for their case.
When they have a skilled and experienced personal injury attorney on their side, victims can typically recover both economic and non-economic damages. Although neither form of recompense is guaranteed, a knowledgeable lawyer will leave no stone unturned in their pursuit of justice.
Factors That Affect the Average Settlement Amount in Personal Injury Cases
"What is the average personal injury settlement in Indiana?" This is the question Schuerger Shunnarah Trial Attorneys hear most often. It's understandable, as many who suffer injuries as a result of an accident are often left with mounting medical bills and lost wages, which often leaves them unable to make ends meet.
Fortunately, by filing a lawsuit against the party at fault, victims can recover their losses and have the freedom to focus on their healing.
However, the truth is that there's no accurate answer to this question. That's because there are so many different factors that play a part in determining the compensation a plaintiff will receive for his or her damages. The section below will explore these factors in greater detail.
The Severity of the Injuries Suffered
The nature and severity of the victim's injuries is the main aspect that determines how much money they are eligible to receive in a personal injury case.
Soft tissue injuries, for example, will likely take a few weeks to treat, which may require a short time off work, medication, and a few visits to the doctor and/or physiotherapist.
Spinal cord injuries, on the other hand, often have lasting effects. They require extensive medical treatment that often takes months, if not years and ongoing care may be necessary.
In these two scenarios, the one who suffered the spinal injury is more likely to receive a larger settlement amount, as his or her injuries are more severe.
It is important to emphasize here that each personal injury is different, both in terms of the conditions surrounding it and the person involved. Two people can fracture a collar bone, for example, but because of several circumstances like age, pre-existing medical issues, and more, one person may need more medical treatment and take longer to recover.
The insurance coverage that is available has a significant impact on the settlement a victim may pursue.
If an insured person was responsible for a person's injuries, the compensation they receive may be limited by the coverage limitations of their insurance. The available coverage will vary, depending on the at-fault party's affordability, the details of their policy, and the insurer they are working with.
When dealing with an insurance company, it's important to pursue legal assistance. A personal injury attorney will help by facilitating negotiations to ensure that the victim is not being taken advantage of by being forced to accept unfair settlement amounts.
Who Is to Blame for the Accident
This factor is often pivotal in car accident settlement cases. Indiana is an at-fault state, which means that the person at fault will only be held liable for the damages brought on by their actions.
To put it simply, if the other party can prove that the plaintiff was partially to blame for the accident or contributed to their own injuries, he or she will not be eligible to receive the full amount.
Severe injuries can often lead to weeks or even months away from work, which reduces a victim's income and could put them in a tough space financially.
The severity of the injuries suffered will have a considerable impact on the amount that can be claimed for lost wages. If the person suffered minor injuries, they will likely only miss a few days or weeks of work.
However, more serious injuries can be debilitating, causing the sufferer to be away from work for a longer period or even lose their ability to work altogether. When calculating the settlement amount, an attorney will consider both past and future lost wages to work out a suitable amount.
Pain and Suffering Experienced as a Result of the Accident
Unlike lost wages and medical expenses, pain and suffering, which forms part of the non-economic damages, is harder to quantify. Personal injury attorneys in Indianapolis often take the economic damages and multiply them by 1.5 to arrive at a suitable amount.
Because a personal injury lawsuit is the plaintiff's one and only chance to secure financial recompense, it's important not to neglect non-economic damages. This is why hiring an experienced personal injury lawyer is essential.
In some cases, punitive damages may be awarded in a personal injury case. The amount is typically determined by the court and is only offered in cases where the defendant's actions were proved to be willful, malicious, fraudulent, or were found to be conducted with complete disregard for the health and safety of others.
Because it would be hard for them to determine whether they qualify for such compensatory damages, victims will need to talk to a seasoned attorney.
Does the State Impose a Restriction on the Settlement That Can Be Pursued in a Personal Injury Claim?
The good news is that there is no cap on the amount that can be recovered for both economic and non-economic losses in Indiana for personal injury. That implies that irrespective of how significant the damage may be, accident victims might be able to obtain enough money to cover their medical bills following an accident.
It's important for claimants to remember that there may be a cap placed on the sum awarded if punitive damages are included in a jury award, which is uncommon in most cases.
How a Personal Injury Attorney Can Help in the Wake of a Car Accident
When it comes to filing a personal injury claim, the importance of hiring a lawyer cannot be stressed enough. There are a number of roles attorneys play in personal injury cases, which include the following:
Providing Sound Legal Advice
In the aftermath of a car accident or traumatic event that led to their injuries, it's easy for victims to feel like they are alone. However, this doesn't have to be the case.
When a plaintiff hires an attorney to handle their personal injury claim, they will have the assurance that there is someone working in their best interests.
Attorneys have many years of experience and have an in-depth knowledge of pertinent laws and regulations, so victims can rest assured that they have a strong chance at receiving the compensation they are rightfully due by hiring a professional legal team.
Lawyers can also help to put a claimant's mind at ease and handle any communications between the at-fault party and their insurance company. This will allow the victim to focus on his or her recovery while still pursuing financial recompense.
Evaluating the Case and Calculating Settlement Amounts
In addition, attorneys also spend time and resources investigating the case. This will offer more insight into who was at fault and uncover vital evidence that can be used when negotiating.
Furthermore, they are also well-versed in local laws and can help victims calculate a fair amount for their injuries, taking both past and future injuries into account.
Defending the Case in Court
If the case cannot be settled through negotiation, a seasoned attorney will ensure that the claimant has a strong legal defense in court. By presenting crucial evidence, the legal team will ensure that the victim receives the amount they need to make a complete financial recovery.
Schuerger Shunnarah Trial Attorneys Are Here to Assist Victims
Whether they require assistance pursuing car accident settlements or dog bites, the experienced attorneys at Schuerger Shunnarah Trial Attorneys are ready to do whatever it takes to pursue financial recompense. They can answer questions such as, "How do you quantify a personal injury claim?"
The team has many years of experience calculating personal injury damages and will facilitate settlement negotiations with prowess to ensure that every client receives a fair injury settlement amount.
To learn more, injured victims and their family members can talk to a skilled legal representative by contacting the law firm.