An accident can transform your life in an instant. However, no one expects the trauma, long recovery, and mounting bills that can result from injuries sustained in an accident. The aftermath can leave you reeling and feeling confused over the next step to take.
You shouldn’t have to contend with giant insurance companies and unexpected costs as a result of someone else’s negligence. Although the road to healing can prove to be long and hard, you don’t have to walk it alone.
So where can you turn to seek just compensation for your suffering? A Noblesville, Indiana personal injury lawyer can stand in your corner and fight for justice in your case.
What you need to know about a Noblesville personal injury lawyer
If you choose to pursue a legal claim to receive compensation for your injuries and the costs you’ve incurred at the hand of another party, a Noblesville personal injury lawyer can help guide you through the legal process.
Here’s what you need to know about the legal definition of personal injury, the services a personal injury attorney offers, the damages you might seek in a legal claim, the common injuries and accidents seen in personal injury cases, and Indiana laws that could impact your case.
- What is considered personal injury?
- How a Noblesville personal injury lawyer can help
- Possible damages after a personal injury accident
- Common injuries in a personal injury claim in Noblesville
- Why you should seek medical attention after an accident
- Common accidents in Noblesville personal injury cases
- Indiana personal injury laws you should know
- Contact Yosha Law
What is considered personal injury?
Legally, personal injury is considered any physical injury (no matter how severe or minor), including death, emotional distress and mental suffering caused by an injury. If you’ve suffered due to negligence, another party may be deemed liable.
You may not feel your sprained ankle isn’t a significant consequence of your accident. Nevertheless, you shouldn’t have to pay for an injury that another party caused, and you may have a legal claim to compensation.
How a Noblesville personal injury lawyer can help
Even before you choose to file a lawsuit, you may want to consider consulting a Noblesville personal injury lawyer to help you navigate through the insurance claims process.
Insurance companies could drag their figurative feet in paying out your claim, may offer you a lowball settlement amount, or could deny your claim altogether. An attorney can handle your negotiations and help you to receive a just settlement offer.
It’s vital that you research Noblesville personal injury lawyers and prepare questions for your initial consultation meeting to ensure you choose your representation wisely. Once you’ve retained an attorney, they can help bolster your personal injury claim by:
- Exploring the merits of your case
- Collecting case-related evidence
- Calculating potential compensatory damages
- Handling all paperwork
- Hiring forensic experts (such as an accident reconstructionist or medical expert) to strengthen your case
- Hiring private investigators to find evidence and witnesses
- Interviewing witnesses (including expert and eyewitnesses)
- Proving liability
- Representing you in any negotiations and mediation meetings
- Fighting for you in court if your personal injury case goes to trial
Possible damages after a personal injury accident
In a personal injury claim in Noblesville, the compensation you might receive is broken down into categories known as damages. Although 95% of personal injury claims are settled before they ever reach trial, many still end with compensatory damages for the injured party.
If you can’t reach a settlement before your case goes to court, it’s important to remember that a verdict in a personal injury case could take as long as 1-3 years. Let’s take a look at the different types of damages you might seek, and what each category of damages means.
Economic damages
Economic damages, which are also referred to as special damages, are compensatory monetary amounts that allow a victim to recoup quantifiable, set costs. The economic damages a Noblesville personal injury lawyer might help you seek include:
- Loss of wages:
If you miss work due to your personal injury, you may be able to claim this economic damage in any compensation you seek. Loss of wages can include any bonuses, paid time off, or tips.
- Medical expenses:
Any medical bills, including doctor’s visits, hospital stays, prescriptions, rehabilitation services, surgical procedures, and treatments can be included in this economic damage claim.
Medical expenses are a great reason to consult a lawyer. While many insurance companies may offer you an initial settlement that includes your present personal injury medical bills, they may not account for the future expenses you’ll incur.
- Repair costs:
If the negligence of another party caused damage to your property or caused you to need to replace your property, this falls under economic damages.
For example, if you’re involved in a car accident and your vehicle is damaged, the liable party may be on the hook for your costs.
- Transportation costs:
If you need to take public transportation, rent a vehicle, or take an Uber or Lyft as a result of your personal injury, you may be entitled to compensation.
Noneconomic damages
Noneconomic damages, also referred to as general damages, are in place to help compensate victims for immeasurable losses. Although these damages cannot erase your suffering or replace what you’ve lost, they may help ease your financial burdens.
Noneconomic damages can include:
- Emotional distress:
If you experience anxiety, depression, or insomnia as a result of your personal injury, and have sought psychiatric help, you may be able to seek compensation.
- Loss of quality of life:
If you’re no longer able to enjoy the activities that filled your life before your personal injury, this falls under the non-economic damages category.
- Mental anguish:
Trauma can leave emotional and mental scars, along with physical impairments. If you experience post traumatic stress disorder or any other diagnosed disorder as a result of your injuries, a Noblesville personal injury lawyer might ask for damages for you.
- Pain and suffering:
Pain and suffering damages cover emotional, mental, and physical pain and suffering. For example, grief, memory loss, and chronic physical pain may be claimed under these noneconomic damages.
- Permanent disability:
Medical expenses related to permanent disabilities are covered under economic damages. However, the toll this type of personal injury can take on your life, and the alterations you may have to make to daily living might be considered a cause for noneconomic damages.
- Wrongful death:
If personal injury due to the negligence of another party tragically takes the life of a loved one, you may be able to seek noneconomic damages to help compensate for your loss.
Punitive damages
Punitive damages, which are also referred to as exemplary damages, are a bit different than their damage counterparts. It’s rare for a plaintiff to seek these damages, but the courts may choose to include them in the verdict of your case.
Punitive damages are punishment served by a judge or jury to an at-fault defendant. For example, if your personal injury claim includes gross negligence or medical malpractice, there’s a chance a judge will tack on punitive damages to the compensation you’re awarded.
In Indiana, the plaintiff receives 25% of any punitive damages and the remaining 75% is automatically allocated to the Indiana Violent Crimes Victim Compensation Fund.
Common injuries in a personal injury claim in Noblesville
According to the National Safety Council (NSC) , there were 62 million documented injuries in the US in 2022. Out of these injuries, many were caused by the negligence of another party.
Although personal injury claims may stem from a wide array of accidents or purposeful injury, our Noblesville personal injury lawyers see some common injuries that result in a legal case.
Common injuries include:
- Back injuries
- Birth defects
- Bone fractures
- Catastrophic injuries
- Comas
- Concussions
- Emotional trauma
- Eye injuries
- Facial injuries
- Hematomas
- Loss of limb
- Paralysis
- Spinal cord injuries
- Sprains
- Torn ligaments
- Traumatic Brain Injury (TBI)
- Vital organ injuries
Why you should seek medical attention after an accident
In the immediate aftermath of your Noblesville accident, you may still be reeling from the shock of the trauma you’ve endured. Nonetheless, it’s vital that you seek immediate medical attention, regardless of the severity of your injury.
Your seemingly minor injury could worsen over time, and proper medical documentation is vital to your personal injury claim. A diagnosis can also help your personal injury lawyer determine what damages you might claim and the monetary value of your compensation.
Common accidents in Noblesville personal injury cases
In Noblesville, there are many types of accidents that could lead to a personal injury case. Here are some of the most common seen by our lawyers:
- Car accident
- Medical malpractice
- Motorcycle accident
- Pedestrian accident
- Slip and fall
- Truck accident
- Workplace accident
Indiana personal injury laws you should know
In Indiana, there are state laws in place that could impact your personal injury case. It’s important that you understand these laws as you move forward in your fight for just compensation.
Here are some of the Indiana laws you should know:
- Comparative fault:
Indiana is one of over a dozen US states with comparative fault laws on the books. Comparative fault (also known as comparative or modified negligence) can impact the amount of your compensation.
For example, if you are over 50% liable for your injuries, you may no longer have a valid legal claim to damages. If you hold over 0%, but less than 50% of fault, you may still seek compensation, but the amount you receive will reflect the amount of your fault.
If you are less than 0% liable for your accident, you might still receive full compensation.
- Statute of limitations:
Most states have statutes of limitations in place for personal injury claims. These laws protect both the victim and the defendant in a case. Indiana code § 34-11-2-4 allows you to file a claim within two years from the date you received your injuries.
Although there are exceptions made for people who were minors or mentally incapacitated at the time of their accidents, it’s vital that all others file their personal injury claims within this time window.
- Punitive damage caps:
Indiana law also limits the amount of punitive damages that you can receive in your personal injury case. Punitive damages cannot exceed $50,000 or 3x the amount of compensatory damages (whichever amount is greater).
Contact Yosha Law
After you’ve suffered personal injury as the result of another party’s negligence, you shouldn’t have to pick up the pieces on your own. We understand how traumatic recovery and unexpected costs can feel, and we’re here to help.
At Yosha Law, we’re passionate about helping each of our clients begin to heal from their injuries and fighting for the justice they deserve. We’ll walk alongside you and battle the insurance companies so that you can concentrate on your recuperation.
If you need a Noblesville personal injury lawyer, we’d love to connect with you. Contact us for an obligation-free consultation so that you can begin your road to healing today.
