What Are Damages? As Described by An Experienced Indianapolis Personal Injury Lawyer

In the legal sense, the word damages as described by an experienced Indianapolis Personal Injury Lawyer, is defined as the injuries or losses caused by a negligent or wrongful act. Monetary compensation is the currency used to make a person legally whole again for the damages they have sustained. There are three types of damages a personal injury lawyer may seek if you were injured in an automobile crash, motorcycle collision, trucking accident or by an act of medical or nursing home negligence. These damages are:

  1. Economic Damages – Losses that can be quantified or receipted;
  2. Non-economic Damages – Non-quantifiable losses that are subjective to the recipient; and
  3. Punitive Damages* – Compensation assessed to punish the wrongdoer for egregious, wanton and wrongful conduct.

*Please note that tort reform groups have effectually capped punitive damage and medical malpractice awards in the state of Indiana. If you have questions about punitive damages or medical malpractice compensation, I advise you to discuss this further with your Indianapolis personal injury lawyer.

The Full Extent of Damages May Not Be Known Right Away

An injury lawyer will need a comprehensive overview of your injuries and prognosis to assess the true value of your claim. Hence, when possible, your Indianapolis personal injury lawyer may ask that you complete your physician’s recommended medical plan of treatment before initiating negotiations or court pleadings. In claims involving catastrophic injuries where treatment may be prolonged and lengthy, your lawyer may rely upon the treating physician’s statement to properly assess the value of your claim, past, present, and future.

Damages Common in Moving Vehicle Crashes

The following is a list of the most common damages an Indianapolis personal injury lawyer will take into consideration for your claim:

  1. The totality of medical bills and estimation of future medical bills
  2. Disfigurement and loss of limb
  3. Impairment and loss of physical and mental capacity
  4. Loss of income and future earnings capacity
  5. Loss of enjoyment of life
  6. Loss of companionship/consortium
  7. Past and future pain and suffering
  8. Wrongful death

The list of damages above includes both economic and non-economic damages. Economic damages may be estimated from billings, receipts, and tax documents; for example, a claim for loss of wages might include averaging prior years of earnings, standardized tables of future wage loss predicated on rates of inflation, and mortality tables. Non-economic damages, particularly where catastrophic injuries are involved, may require the services of an economic expert to monetize the losses; example: how do you put a value on the loss of a limb? In such a claim, an expert might be solicited to evaluate and monetarily define the value of the mental and physical challenges now and in the future.

 

Put your claim in the hands of an experienced Indianapolis personal injury lawyer

State legislation and judicial opinions shift with time. These changes may affect the amount of compensation you might receive for your damages. If you or someone you know has been injured or died as a result of a moving vehicular accident, trust your claim to an Indianapolis personal injury lawyer with experience and up-to-date knowledge of the law. The attorneys at Ward & Ward Law Firm have dedicated their 95+ years of combined experience to helping injured people maximize their claims for damages. Our attorneys are available 24 hours a day and would like to discuss your claim with you. Call Indianapolis personal injury attorney Charlie Ward today at (317) 639-9501 for a free consultation.