How Much Is a Permanent Injury Worth in Indiana?

Mar 14

Some injuries are permanent and can drastically impact your ability to work, enjoy daily activities, and manage your expenses. In Indiana, determining the appropriate amount for a permanent injury claim is crucial to securing fair compensation. Also called “permanent injury settlement amounts,” valuations consider factors like the type of injury and the long-term financial and emotional impact.

At Blackburn Romey, we can help you through the process. This guide will cover the essentials of permanent injuries, the most common types of claims, how you prove your case, and what compensation you might expect.

What Does a Permanent Injury Mean?

A permanent injury is a condition that cannot be reversed and has lasting effects on a person’s life. Unlike temporary injuries, permanent injuries cause lasting physical, emotional, or psychological challenges. According to Cornell Law, these injuries significantly influence the amount of damages in civil cases.

 

Permanent injuries are those that cause chronic impairment — such as major disabilities like paralysis or midbrain injuries resulting in damage or loss of a limb. These conditions restrict daily life and can also be associated with substantial ongoing costs.

What Are the Most Common Types of Permanent Injury Claims?

Injuries that lead to permanent impairments are behind many personal injury claims, such as the following:

  1. Traumatic Brain Injury (TBI): This type of injury, which often occurs as a result of falling or car accidents, can affect memory, cognitive function, and even motor function.
  2. Paralysis: Severe accidents can lead to spinal cord injuries, which may lead to partial or full paralysis, drastically changing one’s life.
  3. Amputations: Losing a limb severely limits physical ability and requires costly prosthetics and therapy
  4. Chronic back pain: Injuries that damage spinal discs can cause long-term pain that severely limits mobility.
  5. Serious neck injuries: Whiplash, often caused by auto accidents, can lead to chronic pain and reduced mobility.

How Do I Prove I Suffer From a Permanent Injury?

In Indiana, evaluating a permanent injury requires strong evidence of the severity and future impact it will have. This includes:

  • Medical Records: Diagnostic tests, treatment plans, and rehabilitation reports form the foundation of your evidence.
  • Physician Testimony: A medical expert can provide detailed evaluations using the American Medical Association’s Guide to the Evaluation of Permanent Impairment.
  • Expert Witnesses: Consider employing experts who explain how the injury affects your ability to work or engage in daily life.
  • Evidence: Include proof of ongoing costs such as therapy or assistive devices and lost wages.

Proving your permanent injury is key to ensuring you will be compensated fairly.

Permanent Injury Compensation Factors

The amounts to settle permanent injuries are a function of several factors, including:

  1. Severity and Type of Injury: A higher amount may be granted where the injury is severe, as defendants who suffer more severe injuries are likely to endure greater pain, suffering, and long-term consequences.
  2. Permanent injuries that affect specific body parts or severely limit mobility often result in higher compensation due to their long-term impact on daily life.
  3. Impact on Daily Activities: Compensation considers how the injury affects essential tasks such as working, housekeeping, and driving.
  4. Visibility and Disfigurement: Once again, disfigurement to visible areas, such as scarring or burns, can result in higher levels of non-economic compensation because of the potential psychological and social consequences associated with them.
  5. Medical Costs: The costs associated with surgeries, medications, physical therapy, and ongoing treatments are major components in calculating damages.
  6. Economic Impact: Lost wages, reduced earning capacity, or the inability to pursue your career can significantly increase compensation. 
  7. Quality of Life Factors: Losing autonomy or the ability to enjoy hobbies, relationships, and daily pleasures adds weight to non-economic damages. 
  8. Demographic Factors: Your age, career, and personal circumstances influence the injury’s immediate and long-term financial burden. 
  9. Legal and Regulatory Factors: Indiana state laws may impose limits on damages or set legal requirements that affect the outcome of your settlement.

Each aspect contributes to a case’s overall valuation, thoroughly calculating the potential economic, non-economic, and punitive damages.

What Are the Types of Compensation for a Permanent Injury?

Depending on the details of your case, compensation for permanent injuries can take several forms.

Economic Damages

These damages cover tangible losses that have a direct financial cost, such as:

  • Medical Expenses: Includes diagnostic tests, surgeries, prescription medications, and physical therapy sessions.
  • Lost Income: Documents from salary statements and employment records show diminished earning capacity.
  • Future Financial Losses: Economic projections include future loss of income-earning potential.

Non-Economic Damages

These damages cover losses that do not have a direct financial cost, such as:

  • Pain and Suffering: Physical and emotional anguish due to the injury.
  • Loss of Enjoyment of Life: Compensation for the inability to engage in hobbies or daily activities you once loved.

Punitive Damages

Punitive damages punish the defendant if the defendant recklessly or intentionally caused the injury. They are less common, but they can increase a recovery significantly if awarded.

Dealing With Injuries? Work with an Experienced Personal Injury Attorney at Blackburn Romey

Navigating the intricacies of a permanent injury claim can be overwhelming, especially when you’re recovering. At Blackburn Romey, we handle only personal injury and wrongful death cases and are committed to securing the compensation you deserve.

Our team offers compassionate support and legal guidance through every step of your claim, from gathering evidence to negotiating a settlement or taking your case to trial. With experienced legal representation, you’ll have the best chance of securing the compensation you need to rebuild your life.

Contact us today to schedule your free consultation at (317) 204-1087 or visit us online.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.