After a car accident happens, the compensation you are legally entitled to receive is known as “damages,” which must be proven by evidence. There are three main categories of damages: economic, non-economic, and punitive. Below, we delve into more detail about recoverable damages in Indianapolis car accidents.
To find out if you are eligible for these forms of compensation, schedule a meeting with a local car accident attorney as soon as possible.
Economic damages in a personal injury case are expenses that an individual can place a specific dollar amount on. They are sometimes referred to as “calculator damages.” Some examples of economic damages include:
The cost of all these expenses can be clearly proven by documentation, such as receipts, invoices, and pay stubs. A car accident attorney will collect this documentation as evidence when estimating the damages in your claim.
In addition to economic damages, someone hurt in an Indianapolis auto accident can also collect non-economic damages. Non-economic damages are not easily calculated by assigning a number to them. Instead, they include things such as:
Unlike economic damages, which are easy to calculate, non-economic damages will vary from case to case. There is no formula to award compensation for pain and suffering, disability, and loss of normal life. Instead, an attorney must present alternative evidence to demonstrate how the injuries from the accident have impacted their client’s life. The decision to award non-economic damages—as well as the amount—is left up to the discretion of the jury.
Car accident cases featuring extreme negligence and reckless behavior may involve punitive damages. While economic and non-economic damages are considered compensatory, meaning they are intended to make up for and replace things lost in an accident, punitive damages are meant to discourage bad behavior and punish wrongdoers.
Punitive damages are available in cases where the actions of the defendant are particularly egregious. The standard to award them is much higher than proving compensatory damages. Drunk driving is a common example of an aggravating factor that might trigger punitive damages.
The other driver’s liability insurance could cover some or all a person’s medical expenses after a crash. The amount that car insurance covers depends on the percent of fault of the parties. For example, if an accident is 100% the fault of a party, they are responsible for 100% of the damages. However, if the accident is partially the fault of the injured party, that contributory negligence will reduce the amount of damages available.
It is important to speak to a lawyer to fully understand recoverable damages in Indianapolis car accidents, as well as examine the fine print of all applicable insurance policies. Partnering with an experienced legal professional ensures a person could be covered for the full amount.
An experienced lawyer will take all necessary steps to maximize recovery following a car crash. This process includes investigating, collecting important evidence, proving liability, estimating expenses, negotiating with insurance adjusters, and more. By dedicating themselves to your claim, they could present the strongest case possible in order to recover maximum damages from a settlement.
To set up a free consultation and find out more about recoverable damages in Indianapolis car accidents, contact McCready Law Injury Attorneys today.