An accident that’s no fault of your own can quickly lead to a seemingly endless amount of wallet-draining expenses. Mounting medical bills, lost wages, and other expenses encountered due to your inability to earn an income can come crashing down quicker than a racer at the Indianapolis 500. It’s shameful that another person’s negligence can easily devastate your finances, causing stress, anxiety, and many other problems.
Accident victims in the Northwest portion of the Hoosier State can find answers by speaking to personal injury lawyers in Lake County. There’s no need to suffer emotionally and financially after an accident you wanted no part of. Schedule a free consultation to learn more.
How To Pursue Economic Damages in Indiana Personal Injury Claims
Fortunately, Indiana allows the victims of accidents of no fault to file a personal injury lawsuit to seek payment for their economic damages. They will, however, have the burden of proving that a person, business, or entity was responsible for the accident and that it caused the victim to endure damages. This can be accomplished by working with an experienced personal injury attorney who can help to gather evidence of your claims.
It should be noted that Indiana’s personal injury statute of limitations is a short 2 years. The legislative clock starts ticking on the accident date when injuries were sustained or when the injuries were first discovered. This highlights the necessity of working with a personal injury law team sooner rather than later.
Types of Economic Damages That Can Be Sought in Indiana
Unfortunate victims of accidents that cause severe, life-altering injuries will most likely incur a significant loss of their earnings capacity. Whether their loss of income is short or long-term, victims are entitled to file a personal injury lawsuit to recover lost wages and other economic damages. Typical economic damages can include:
- Medical expenses, including current and expected expenses
- Travel expenses to and from medical appointments
- Lost wages, both current and expected
- Loss of earning capacity
- Cost of residence modifications to adjust to your injury issues
- Cost of homecare due to your injuries (nurses, home healthcare aides, cleaning services)
To seek economic damages after an accident, the victim must provide the defendant’s legal team or insurance provider with proof of financial expenses directly related to their injuries. Working with your personal injury attorney, you must gather as much medical evidence and receipts as possible to prove your financial burden. Medical and other evidence can include the following:
- Medical bills
- Any out-of-pocket expenses like over-the-counter medications or medical devices
- Medical insurance copays
- Receipts for home modifications
- Proof from your employer of time off from work and last pay stub
Looking Beyond Economic Damages
One of the benefits of working with an experienced and savvy Indiana personal injury attorney is they have the knowledge of what other damages the victim of an accident can pursue. There’s no reason to leave money on the table; victims can receive compensation for their damages. Catastrophic injuries almost always come with unfortunate strings attached, conditions that don’t pose an obvious financial burden. They’re referred to as non-economic damages and can include:
- Physical pain and suffering
- Emotional distress
- Scarring and/or disfigurement
- Loss of enjoyment of life
- Loss of consortium
- PTSD, nightmares, and other emotional issues
Combined with economic damages, non-economic damages ensure that an accident victim has been fully compensated for all damages. However, providing non-economic damages can be much more troublesome than their economic counterparts. Some can be difficult to prove and even harder to place a monetary value on. Your lawyer will provide a strategy. However, there are some common techniques to prove non-economic damages.
- Personal journal – Maintaining an accident injury journal can help provide a timeline of medical appointments and medical conditions, but also can help to illustrate the changes to your everyday life and any emotional issues resulting from the accident and your injuries.
- Psychological evaluations – Victims of catastrophic injuries or particularly terrifying accidents can face all different types of emotional issues. Seeking psychiatric help can help to strengthen proof of non-economic damages such as sleeping issues, anxiety, and PTSD.
- Testimony from friends and family – Those who know you best can provide sworn testimony as to the adverse changes they’ve witnessed after your accident.
Lost Wages and Beyond – Ensuring That You’re Compensated
Victims of a negligent act that caused them harm have the right to seek compensation for their damages. Although most victims solely want their economic damages covered, such as lost wages and medical bills, they should also seek compensation beyond those easily calculated losses.
To ensure you’re compensated for all damages, working with an experienced Indiana personal injury attorney is vital. They have the savvy and experience to negotiate the best settlement covering all your damages. Your legal team will look way beyond simply lost wages.
