Tag Archives: disability

Estimating Plaintiff(s) Economic Damages in Auto, Motorcycle and Trucking Accidents

Estimating Economic or Money Damages in Personal Injury Claims

s-curve, indiana winding roads, dangerous roads, Indiana country roads, autumn roadsIt’s a beautiful autumn day in Indiana. You and your significant other decide to make a day of it with the family in tow. The picnic lunch has been prepared and carefully packed with everyone’s favorite finger foods. Extra sweatshirts and tennis shoes have been gathered, the children are snuggly belted in their car seats and you’ve hit the road for a day of family fun at your favorite creek-stompin park in southern Indiana—anticipating another family memory to be made. This Norman Rockwell-esque Americana image is picture-perfect. Unfortunately not all well-intentioned plans end in a picture-perfect way.

Recovering Money Damages, Non-Economic Damages and Punitive Damages

In Marion County, Indiana, a collision occurs approximately every 15 minutes. And while you would think most accidents are speed related, it’s been determined that more collisions occur at or near intersections where vehicles cross paths. The objectives of a personal injury attorney are to make their clients financially whole or recover money damages after a collision; to recover financially for non-economic losses; and in certain cases to assign punitive financial damages against a negligent party or parties. This editorial will focus on claimant(s) verifiable economic losses. A motor vehicle accident might be nothing more than a minor property damage claim or it might include life-changing health and emotional problems requiring downtime for recovery . An experienced personal injury attorney may postpone the filing of your claim (within the 2-year Statute of Limitations) until your injuries can be fully diagnosed and the prognosis of your injuries known. When the fog of this life-changing event has cleared, your lawyer will begin the process of estimating your past and future economic damages. Economic compensatory damages are objectively verifiable and factually driven financial losses suffered by the plaintiff(s). They may include but are not limited to the following:

  • Past and future medical expenses including emergency transport services, emergency room, physicians, surgeons, medications, medical devices, therapy and rehabilitation costs;
  • The ability to earn a living based upon a universally acceptable economic model taking such variables into account as work-related promotions, employment perks, lost bonuses, re-training costs, benefits, retirement plans, inflation, economic industry outlook,  and taxation;
  • The costs associated with living life with a disability, including medical devices, construction and vehicle costs linked with plaintiff’s home and transportation needs, and domestic services;
  • Vehicle and personal property damaged or lost as a result of another’s negligence; and
  • Funeral and burial expenses brought in a wrongful death claim.

Personal Injury Attorneys With Experience Recovering Money Damages, Also Known as Economic Damages.

Call Charlie Ward at 317-639-9501If you or someone you know has been injured as a pedestrian, a pedicyclist or in a vehicle accident involving a car, motorcycle, or truck, it’s essential to speak with an experienced personal injury attorney — someone who understands the future implications of your injuries and how your life and the lives of your loved ones may be affected going forward. Cases need time for investigation and strategy development; don’t wait until Indiana’s two-year statute of limitations runs to seek advice. The law firm of Ward & Ward has over 80 years of combined experience in personal injury and wrongful death law. Call Charlie Ward today at 317-639-9501 for a free evaluation of your claim. Ward & Ward receives no legal fees or expenses unless we collect damages on your behalf. Our attorneys are available to speak with you today.

Recovering for an Aggravated Personal Injury Due to Another’s Negligence

Financial Recovery for an Aggravated Personal Injury

Call Charlie Ward at 317-639-9501

Individuals, who wish to recover for damages received from an auto accident, motorcycle accident, or trucking accident that aggravated a pre-existing condition or disability, are entitled to recover for only additional damages—not the original injury—providing evidence shows that aggravation actually occurred and that it occurred as a direct and proximate result of defendant’s negligence. Many people involved in accidents have pre-existing conditions, often conditions related to the back and/or spine, and these pre-existing conditions can complicate plaintiff’s claim for damages.

A pre-existing condition is any condition or disability in or to your body that existed prior to the accident for which you wish to claim damages. You may have been born with a condition; you may have developed a condition by illness; you may have received an injury or disability in another accident or you may have a medical condition simply as a result of the aging and degenerative processes.

An aggravation to the existing condition or disability may or may not occur as a result of an accident. But if the aggravation of an existing injury does occur as a direct and proximate result of another driver’s negligence, the injured party has a right to recover for damages under the law for the aggravated injury—even if the person’s pre-existing condition made him/her more vulnerable or susceptible to an aggravation than a person in good health and under the similar circumstances.

Defendant may also be held responsible for any complications that may arise as a result of the aggravation including a disease contracted because of lower vitality; for aggravation of an existing condition caused by negligent medical providers; and for injuries received in a subsequent accident which would not have occurred had plaintiff’s physical or mental condition not been injured or impaired.

An experienced plaintiff’s lawyer will submit evidence to the court showing that a pre-existing condition was in fact aggravated by defendant’s negligence. In most cases a physician will be called to attest to that fact. The law firm of Ward & Ward has over 80 years of combined experience in personal injury claims. If you’ve been injured in an accident and you’ve received an aggravated injury, call an experienced personal injury attorney. Call Charlie Ward at 317-639-9501 today for a free analysis of your claim.

By Charlie Ward

Ward & Ward Law Firm
728 S Meridian St
Indianapolis, IN 46225