Updated February 26, 2019 | By Wilson Kehoe Winingham staff
Damages refers to financial compensation awarded after a lawsuit. For personal injury claims in Indiana, a successful plaintiff is entitled to damages in a sum that reasonably compensates the plaintiff for bodily injuries; pain and suffering; any past, present, or future expenses reasonably necessary in the course of the plaintiff’s medical treatment; and all financial losses suffered, or to be suffered, as a result of the injury.
A personal injury plaintiff may typically recover compensation for the following types of damages.
In determining damages, the nature and extent of the plaintiff’s injuries, as well as the effect of the injuries on the plaintiff’s ability to function, are considered by the court or jury.
The damages recoverable for past and future physical pain and mental suffering resulting from the defendant’s actions are variable and depend upon specific facts of each case.
The basic measure of damages for impairment of lost earning capacity is the difference between the amount which the plaintiff was capable of earning before the injury and the amount which they are capable of earning thereafter.
The value of time includes the plaintiff’s loss of time and decreased earning capacity. Loss of earnings may be considered in determining a plaintiff’s loss of time.
Plaintiffs may recover reasonable cost of past, present, and future necessary medical care, treatment, and services as a result of their injuries. Additionally, they may recover damages for the aggravation or exacerbation of preexisting physical conditions or injuries.
Permanent real property damage occurs when the cost of restoring the property to its condition prior to the injury is greater than the fair market value of the property prior to the injury. A plaintiff with permanent injury to real property can only recover the difference between the fair market value of the property before and after the injury.
In contrast, a plaintiff with a temporary injury to real property can recover the cost of restoring the property to its pre-injury condition.
If you or a loved one have been injured as a result of someone’s negligence, 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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