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What Types of Damages Can be Awarded in an Indiana Personal Injury Case?

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What Types of Damages Can be Awarded in an Indiana Personal Injury Case?
What Types of Damages Can be Awarded in an Indiana Personal Injury Case?

Posted on

July 05
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What Types of Damages Can be Awarded in an Indiana Personal Injury Case?

Sustaining a personal injury can change your entire life in mere seconds. Even minor injuries can have long-lasting physical, emotional, and financial consequences. If you were injured due to someone else’s negligence, you may be entitled to compensation in Indiana. However, knowing the types of damages you can be awarded in an Indiana personal injury case is crucial to help you understand your rights and options. Our attorneys at The Law Office of Paul A. Rossi, LLC explain the types of damages that can be awarded in an Indiana personal injury case, so you know what to expect.

Economic Damages

Economic damages refer to the actual economic losses you suffered due to the injury. These can include medical expenses, ongoing treatment costs, lost wages, loss of earning capacity, and property damage. It’s vital to have all medical bills, receipts, and other documentation to prove your economic damages. In Indiana, there are no caps on the amount of economic damages you can be awarded.

Non-Economic Damages

Non-economic damages refer to the intangible losses you incurred due to the injury. These can include pain and suffering, emotional distress, disfigurement, loss of companionship, and loss of enjoyment of life. Unlike economic damages, non-economic damages are not precisely quantifiable, and they can vary from one case to another. In Indiana, there is no cap on non-economic damages unless the claim is against the state, at which compensation is capped at $700,000 per claimant.

Punitive Damages

Punitive damages are not awarded in all personal injury cases in Indiana. These are damages that are awarded to punish the negligent party for grossly negligent or deliberate conduct. Punitive damages, also known as exemplary damages, are intended to deter similar conduct and to provide retribution to the injured party. The Indiana Supreme Court limited the amount of punitive damages to three times compensatory damages or $50,000, which ever amount is greater.  In some claims, excess punitive damages cannot be maintained by the injured party. Our attorneys at the Law Office of Paul A. Rossi, LLC can explain these nuances for you.

Wrongful Death Damages

If your loved one died due to someone else’s negligence, you can file a wrongful death lawsuit in Indiana. Wrongful death damages can include economic and non-economic damages such as compensation for medical expenses, lost wages, funeral expenses, loss of companionship, and more. You may receive up to $300,000 if you are a non–dependent of the deceased loved one. In some cases, if you are a dependent of the deceased loved one, you may receive in excess of $300,000.00 and there may be no maximum capped recovery. Our knowledgeable lawyers at the Law Office of Paul A. Rossi, LLC will carefully guide you through the process during this difficult time.

Survival Actions

Survival actions are similar to wrongful death claims but are filed by the estate of the deceased. These claims can help recover damages for economic expenses and non-economic losses. It’s vital to speak with a personal injury lawyer to understand the nuances of survival actions and wrongful death claims.

Being injured in an accident is rarely something people expect. But knowing the types of damages that can be awarded in an Indiana personal injury case can help relieve the financial burden of your injuries and provide certain closure. Whether it is economic damages, non-economic damages, punitive damages, wrongful death damages, or survival actions, it is crucial to have a personal injury lawyer by your side. Contact our team at The Law Office of Paul A. Rossi, LLC, to discuss your injury claim.

Contact us today for a case evaluation.

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