Anyone who has had the misfortune to have experienced a personal injury in Indiana may be entitled to compensation by filing an Indiana personal injury claim. There are many sorts of accidents when personal injuries typically take place such as slips and falls, auto accidents, motor cycle accidents, truck accidents and many more.
As long as you are able to find sufficient evidence that proves another person was at fault and caused your injury you may be entitled be to file a personal injury claim in Indiana. This helps to cover your financial hardship caused by your injury.
In Indiana you can expect to receive the full cost of all your medical treatment, the cost of repairing your auto (if applicable), any lost wage because you are not healthier enough to go to work and an amount calculated to cover pain and suffering caused by the unexpected injury. However, you may require some Indiana personal injury help to ensure you get the personal injury compensation you deserve.
How Do I File a Claim in Indiana?
Before you make the final decision to file a personal injury claim you have to be sure you have sufficient evidence to support your claim which provides the proof you didn’t cause the accident. You also need to consider the state’s statute of limitations which is the time you are given to file a personal injury claim.
According to Indiana Code section 34-11-2-4, Indiana’s statute of limitations for personal injury cases is two years which is from the date of your accident to file the initial compensation claim.
How Do I Prove Negligence in Indiana?
Proving negligence in a personal injury claim could depend on the evidence you provide. These are several different types of evidence that can be used to support your personal injury claim such as:
- your doctor’s report with your diagnosis and likely recovery time;
- the police report about the accident;
- reports written by eye witnesses;
- receipts for medical treatment;
- video footage taken by nearby security cameras, if possible;
- photographs taken at the accident scene.
Indiana applies the principle of modified comparative negligence. This is typically referred to as the 51 percent fault system. This means the victim of an injury must be less than 51 percent at fault for the incident to file a personal injury compensation claim. The court where the personal injury claim is heard will reduce the claim in proportion to each party's contribution to negligence.
What Kind of Compensation Can I Receive in Indiana?
As long as you are eligible to file a compensation claim for your injury you may be entitled to two main types of damages which are economic and non-economic damages. Economic damages are countable in cash terms and are the amount of money the injured person has either lost due to the injury or is having to pay out due to the injury. Overall what is usually included in the economic damages component of a personal injury claim are medical treatment costs, any property damage, lost wages due to inability to work and lost earning capacity.
The non-economic damages can be compensation for disfigurement caused by the injury, emotional distress, inconvenience, loss of enjoyment in life, pain and suffering caused by the injury and if applicable physical impairment like losing the use of a limb or organ caused by the accident.
There are some caps imposed in Indiana for personal injury compensation, one of which is $1.8 million for medical malpractice claims while the other is the $700,000 cap on most claims against the state
How Do I Get Personal Injury Help in Indiana?
If you believe your injury was caused by negligence, getting personal injury help from a personal injury lawyer may be crucial if you want to win the compensation you deserve. The personal injury attorney knows how to handle insurers of those persons found to have caused your injuries.
The legal process for a personal injury claim is never easy and frequently insurers will try to apportion some blame for the injury on the victim, so the amount paid in the end is reduced. Getting personal injury help in Indiana couldn’t be easier and it means your attorney can work on your behalf to get the compensation you deserve.
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