Compensation for personal injury settlements in Indiana can vary widely based on several important factors, including the severity of your injury, the extent of your medical expenses, the impact on your ability to work, and the emotional or physical pain you’ve endured. Understanding these factors is vital in assessing what your claim might be worth and in preparing for litigation.
Whether recovering lost wages due to time out of work, accumulating medical bills, or even pain and suffering damages, proper legal guidance makes all the difference. At Blackburn Romey, we will guide you through these various challenges at every step.
The average settlements vary depending on particular circumstances. Severe injuries, clear liability, and substantial evidence can increase settlement figures. Conversely, insurance coverage limitations and disputed responsibility can lower the potential payout.
It’s crucial to note that your compensation will depend on the unique details of your case. Don’t rely on estimates; consult a personal injury attorney to analyze your situation.
A settlement agreement is an out-of-court compromise between the injured party and the party at fault. It often involves a payment to the injured person in return for dropping litigation. Settlements provide certainty and privacy for both sides while avoiding the uncertainty of trial.
Indiana law generally does not cap compensatory damages in most personal injury actions; injured individuals may recover the entirety of their economic losses and non-economic damages such as pain and suffering. There are some important exceptions to this rule, however. For example, claims against governmental entities are limited to the limits created under the Indiana Tort Claims Act, which caps the amount recoverable against state or local agencies.
Indiana law caps punitive damages at the greater of $50,000 or three times the compensatory damages awarded. This keeps punitive awards proportional to the harm caused and reasonable in their amount.
The value of your claim is based on several factors, including tangible economic damages and subjective factors, such as pain and suffering. You can have an estimation using a personal injury settlement calculator.
The following are the main factors affecting the amount of personal injury settlements in Indiana.
Injuries to the spinal cord or brain are usually worth more in settlement because the injured person’s medical needs are considerable, and long-term effects on the quality of life are involved.
Non-economic damages for physical pain and emotional distress can raise the settlement amount.
In recovery, precise medical costs and pay stub documentation of these damages are essential. This category can also encompass future medical expenses and income loss if the injury impacts your earning capacity.
The maximum payout in most situations depends mainly on the at-fault party’s policy limits. Where the damages exceed those limits, additional compensation beyond this point may be difficult. For that reason, it is important for you to maintain uninsured motorist (UM) and underinsured motorist (UIM) coverage in your own automobile insurance policy to cover any losses that may exceed the at-fault party’s insurance limit.
Indiana is a comparative fault state. If you bear some percentage of fault for the accident, your award may be reduced by that percentage. For example, if you are 20% at fault, your settlement will shrink by that percentage.
The Indiana personal injury settlement process is complicated, but you don’t have to face it alone. Blackburn Romey works on a contingency fee basis, meaning you pay nothing upfront. With the commitment of our attorneys, we are here to help you fight for your rights and secure the compensation you deserve.
Call us now at (317) 204-1087 or visit us online to schedule your free consultation today. With our team, you can take the first step towards the recovery you deserve.
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.
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.
