When you are injured in a personal injury accident, you are entitled to receive compensation for your injuries, losses, and damages pursuant to Indiana’s personal injury laws. However, the amount of compensation you are entitled to receive depends on several factors. The insurance company for the responsible party will try to pay as little as possible to settle your claim. In many cases, the insurance adjuster will offer a very low amount in hopes that you will accept the offer without consulting with a Bloomington personal injury lawyer.
To determine the value of your personal injury claim, your Bloomington personal injury lawyer conducts a thorough accident investigation. The investigation accomplishes two very important purposes:
- Identify and preserve key evidence to prove the other party is at fault for the accident that caused your injuries
- Gather evidence to substantiate your damages.
Your Bloomington personal injury lawyer also monitors your recovery because you do not want to settle your claim too quickly. The insurance company for the other party would like to settle your claim before the full extent of your injuries is known. You should never settle a personal injury claim before reaching maximum medical recovery. Settling your claim before the full extent of your injuries are known or before you reach maximum medical recovery may result in you receive an amount that is less than the true value of your claim.
Types of Damages in a Personal Injury Claim
The amount of compensation you may receive to settle a personal injury claim depends on the severity of your injuries and the types of damages you incurred as a result of the accident. In most personal injury claims, accident victims are entitled to receive compensation for:
- Medical bills, including past, present, and future medical expenses. This can be a substantial portion of your accident claim, especially in cases of permanent disabilities and traumatic injuries;
- Lost income, including past, present, and future lost income. This type of damage can also be a substantial portion of your accident claim if you are unable to return to work or you are unable to earn the same wages due to your injuries (loss of earning capacity);
- Property damage;
- Funeral expenses, including burial and cremation expenses, in the event of a death;
- Medical care and/or personal care;
- Scarring, permanent disability, and disfigurement;
- Medical devices, medical supplies, and over-the-counter medications;
- Travel expenses and other out-of-pocket expenses; and,
- Mental anguish, emotional stress, and physical pain.
Calculating The Value Of Your Personal Injury Claim
The value of your personal injury claim depends on several factors. An experienced Bloomington personal injury lawyer understands how to correctly value your personal injury claim to increase the chance you will receive the maximum amount of compensation allowable under Indiana’s personal injury laws.
Because Indiana does not have a formula for calculating damages, you need an attorney who has extensive experience handling personal injury claims. An experienced attorney understands how insurance companies value claims. This is important when a substantial portion of your claim is non-economic damages. Financial damages (i.e. lost wages, medical bills, etc.) are easier to calculate because you have bills, invoices, payment statements, etc. to use when calculating financial damages. You add together the actual losses to arrive at a figure.
However, non-economic damages (i.e. emotional suffering and physical pain), are unique to each person. These damages are much more difficult to calculate. A Bloomington personal injury lawyer will use the information he has about your injuries, your recovery, and the circumstances surrounding your accident to arrive at a figure for non-economic damages. A less experienced attorney may not fully understand how to present evidence to maximize your non-economic damages. This is important in order to recover full compensation for your damages.
Contact A Bloomington Personal Injury Lawyer For Help With A Personal Injury Claim
To protect your right to recover a fair and full settlement for your personal injury claim, hire a Bloomington personal injury lawyer with the experience, skills, and resources necessary to fight large insurance companies.
Contact The Ken Nunn Law Office by telephone at 1-800-CALL-KEN or 1-800-225-5536 or online with our Live Chat feature 24/7 to schedule a free legal consultation with a Bloomington personal injury lawyer. Protect your legal right to receive the compensation you deserve from the party who caused the accident that resulted in your injuries.