Blog Post
What Is the Value of My Indiana Car Accident Claim?
November 30, 2020
If you were injured in a car accident in Indiana, you may be wondering what your car accident claim is worth. The most important factors that affect the potential value of your claim are discussed below; keep reading to learn more.
Liability
Indiana is an at-fault insurance state, meaning that the party who is at fault for the accident is legally responsible for the damages his or her negligence causes. This is typically handled by filing an insurance claim with the at-fault party's insurance company.
Additionally, Indiana uses a modified comparative fault. If you are partially at fault for the accident, you can still make a claim against the negligent party as long as they are 51% or more
at fault for the accident.
However, your award will be reduced by your degree of fault. For example, if you suffered $100,000 in damages and the insurance company or jury finds you 25% at fault for the accident; your award is reduced by $25,000 so you can only recover $75,000.
Insurance Limits
The insurance company will generally not settle a case for more than the driver has in insurance coverage. Therefore, your claim may be limited to the maximum amount of insurance coverage available.
Damages
The potential compensation you can receive also largely depends on the damages you sustained. These are the economic and non-economic losses you suffered. Some common examples of damages are discussed below.
Property Damage
You may be entitled to compensation for the cost to repair or replace your vehicle, as well as other personal property that was damaged in the accident.
Medical Expenses
The medical expenses you incurred because of the accident may be significant. You may be able to receive compensation for the reasonable and necessary medical expenses that are caused by your injury. This includes past and future medical expenses such as:
- Ambulance charges
- Emergency room visits
- Hospital charges
- Surgery expenses
- Lab tests
- Imaging tests
- Physical therapy charges
- Medication
- Mileage to and from medical appointments
Lost Wages
If you were or are unable to go to work because of the accident or injuries you have sustained because of your accident, you might be entitled to reimbursement for your lost wages. Your reimbursement for lost wages or income should be equal to the amount of pay that you would have received during that time.
Also, if your injuries cause you to become permanently disabled and you are unable to return to work or must return to a lower-paying position, you may be able to receive compensation for your lost earning capacity.
Pain and Suffering
You may be able to recover compensation for the physical and mental pain and suffering you endured because of your injuries. While harder to quantify, a skilled lawyer can help you determine key factors to understand how much compensation you could receive for pain and suffering.
Punitive Damages
Punitive damages are meant to punish a wrongdoer for particularly bad behavior and prevent similar misconduct in the future. These damages are more likely to be awarded in cases involving reckless or drunk driving.
Damage Caps
Indiana law imposes some limits on the potential compensation you can receive based on certain types of damages you sustain. For example, Indiana imposes the following damage caps:
- $50,000 or three times the amount of compensatory damages for punitive damages, whichever amount is greater.
- $300,000 for the wrongful death of an unmarried adult age 23 or older who has no dependents.
- $700,000 for personal injury if the defendant is a governmental entity.
Contact an Experienced Personal Injury Lawyer
Get a better idea about the potential value of your claim by discussing the circumstances of your claim with a knowledgeable personal injury lawyer. Contact us
today at Wegner & Associates to schedule a free and confidential case review.
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