In a Merrillville, Indiana personal injury claim, plaintiffs are entitled to recover damages. A wide variety of factors determine the amount of damages, such as the severity of the injury and the scope of the negligence. A Merrillville personal injury lawyer will help determine the damages you are entitled to and pursue a case.
What Are Damages and Compensation?
Damages are part of negligence in a case. After the plaintiff has established duty of care, breach of care, and causation, damages are the amount owed. Damages fall into two categories: economic and non-economic damages. Economic damages include medical expenses, lost wages, and “fixed” costs. Essentially, economic damage has a paper trail with a dollar amount. Non-economic damages include “loss of enjoyment of life” and “pain and suffering.” Punitive damages are rarely awarded, but are intended in cases of gross negligence.
What’s the Average Damage Amount In a Case?
It’s been a long time since the Bureau of Justice has released a study on tort claims in state courts. The most recent information available is from 2005. Here are some of the average payouts that happened in various types of personal injury cases nationwide:
- Product Liability: $567,000
- Medical Malpractice: $500,000
- Premises Liability: $98,000
- Animal Attack: $20,000
- Motor Vehicle: $15,000
Keep in mind that a motor vehicle accident could be a minor fender bender or include a serious injury. The 2005 BOJ study found that 2.1% of motor vehicle civil cases had damages for the plaintiff of more than $1,000,000.
You also need to keep in mind that no one personal injury case is the same, so settlement recovery amounts will also differ. That is why our legal team gives priority to each client’s personal needs.
What Types of Damages Are Available in a Case?
There are several different types of economic and non-economic damages that are available to a plaintiff in a case. These include:
- Medical Expenses: The cost of medical care from an injury.
- Lost Wages: The amount of money a plaintiff loses from not being able to work.
- Rehabilitation Costs: These are for the cost of rehab from an injury, like learning to perform a task again, such as walking.
- Property Damages: While not part of the injury, the plaintiff is entitled to repair or replacement of property (common in motor vehicle accidents).
- Pain and Suffering: If an accident results in a chronic condition, such as pain, the plaintiff is entitled to compensation.
- Emotional Distress: Some accidents may cause PTSD or other emotional issues.
Common types of damages that many people don’t know about include:
- Future Medical Expenses and Lost Earning Capacity: This is a set of economic damages that can happen if a person never returns to work or needs long-term, permanent care (such as an assisted living facility).
- Loss of Consortium: If a person is injured in a case and they require long-term care, a plaintiff can ask for this type of non-economic damage to compensate for the loss of companionship, affection, and support from a spouse or partner.
- Disfigurement: If a person is disfigured because of a personal injury, this is a type of non-economic damage a plaintiff can pursue.
How Do Juries Arrive at Damage Amounts?
Cases involving personal injury can get stuck on damage amounts. A judge cannot simply ask a jury to grant an amount. They can provide jury instructions that remind jurors of Indiana’s laws regarding civil torts and personal injury law. Here are some things that juries tend to weigh:
- Documented Economic Damages: Medical bills, receipts, pay stubs, and other documents are all considered.
- Testimony From Witnesses: Expert witnesses can help a jury place a dollar amount on non-economic damages.
- Causation: When a jury looks at damages, they tend to focus on causation. What was the defendant doing that caused the plaintiff’s injury?
- Precedence in Other Cases: In other cases, jurors might have placed a certain financial weight on certain non-economic damages. They might consider this in the current case.
The jury typically renders the damage amount with the verdict.
Is There a Cap On Damages In Indiana?
In Indiana, personal injury cases do not have a cap, except for medical malpractice claims and punitive damages. Medical malpractice claims are capped at $1.8 million. Punitive damages are also capped at three times the amount of compensatory damages, or $50,000 (the greater amount). Comparative fault can serve as a cap to reduce the plaintiff’s claim in any personal injury case.
Why Are Punitive Damages Rare and Capped?
Punitive damages might be awarded in cases of gross negligence. In a personal injury case, general negligence arises when a defendant was simply careless. Gross negligence involves the defendant consciously putting a plaintiff at risk. Examples of gross negligence include drunk driving, a workplace canceling safety inspections to save money, or concealing medical malpractice.
Sometimes, criminal charges may be filed concurrently with personal injury civil cases. Punitive damages are a deterrent for future behavior. Additionally, punitive damages are rare because they are an additional measure of providing justice.
Why Work with a Merrillville Personal Injury Attorney Like Lerner and Rowe?
A Merrillville personal injury attorney from Lerner and Rowe can help a plaintiff get damages as part of a settlement in their case. Simply put, injured parties often accept a settlement from an insurance company without knowledge of other types of damages. A personal injury lawyer can help a plaintiff determine more complicated damages and find witnesses to substantiate those damages.
You have access to experienced Merrillville injury attorneys who are dedicated to helping clients, just like you. Call us at 844-977-1900 for a free case evaluation and confidential consultation. Our Merrillville team is ready to answer your inquiries and help you explore your options. You can also message us via LiveChat, or simply fill out this secure online form.