Updated September 6, 2019
No matter the circumstances that led you to your personal injury case, your life changed as a result. You might have lost some of your income, accumulated a stack of medical bills, or become permanently disabled because of your accident. Your relationship with your spouse might have changed as a result of what happened to them at work. Fighting with insurance companies could leave you anxious and distressed.
In a personal injury case, no matter what type, you can get awarded damages. The specific figures, any applicable Indiana damage caps, and what damages you may be awarded will depend on the exact nature of your personal injury.
In any Indiana personal injury lawsuit, you can seek special damages (economic losses) and general damages (non-economic losses). Special damages compensate the victim for tangible monetary losses, such as medical bills, lost wages, or property damage. General damages are sought to compensate victims for the intangible consequences from the accident, like pain and suffering, mental anguish, or a loss of lifestyle and overall quality of life.
There are two methods used to estimate a dollar amount for special and and general damages. The calculation of these figures is based on the type of damages.
Calculating special damages is generally an easy process because there’s already a tangible, exact dollar amount the victim has lost. For long-term injuries that require future medical treatment, that number can get a little trickier to determine, but it’s nothing that an expert can’t determine in court.
Calculating general damages is an entirely different ball game. Since general damages are sought for subjective injuries, it’s essentially up to jury members to assign the dollar amount. Often times juries take into account things like the severity of an injury, but overall, general damages are unique to each case. Therefore, calculating general damages can be somewhat unpredictable.
If you’re working independently with an insurance company to determine appropriate damages, the negotiation process can be lengthy. If you start feeling overworked, overwhelmed, or ready to just throw your hands up—don’t. Consider consulting with a personal injury attorney before you make any moves.
If you do end up in court, remember that juries are human. How they calculate the amount for your personal injury damages could depend on their feelings about you. They will look at the consistency of your testimony, your credibility, likability, and honesty when deciding how much they want to award you. They’ll also look at how genuine your attorney is, so choose a personal injury lawyer wisely. An attorney who has worked on previous personal injury cases will be your strongest advocate.
If you or a loved one have been injured, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve. Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.
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