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Personal Injury FAQs

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Personal Injury FAQs

Personal Injury FAQs

If you or a loved one have been injured by the reckless or negligent actions of another person, you probably have a lot of questions. Here, our experienced injury attorneys provide answers to some of the most frequently asked questions about personal injury claims in Indiana.

How Long Will My Injury Case Take?

It is impossible to know how long your case will take to settle. You may need to wait until you have reached maximum medical improvement to seek damages, which in itself could take months. From there, all evidence and documents related to your case must be collected and reviewed, and the insurance adjuster for the other side will make an offer. If your case doesn’t go to trial, it could take months – or more than a year – to reach a settlement.

Can I Discuss My Injury with an Insurance Company without a Lawyer’s Help?

You should never provide a statement to an insurance company without consulting with your attorney first. An insurance adjuster is searching for ways to reduce the amount of money owed to you, and the smallest omission of fault could harm your claim.

Is a Trial Necessary to Recover Damages?

Whether or not you have to go to trial will depend upon many factors during your case. Most personal injury claims are resolved out of court; however, court is necessary when the plaintiff and the defense cannot reach a settlement that all parties agree on.

What Do Indiana Courts Consider “Pain and Suffering?”

Pain and suffering is a type of damage in a personal injury case and can refer to both physical pain, and mental suffering and anguish. The former, physical pain and suffering, is common when a plaintiff has suffered physical injuries and has experienced severe discomfort as a result. Pain and suffering for mental anguish are also common when the plaintiff has experienced shock, psychological injury, depression, fear, or loss of enjoyment as a result of their injuries. 

What Determines the Type and Amount of Damages I Might Recover?

The amount of damages that you may recover is dependent on the extent of your losses. For example, if you suffered $100,000 in medical bills and $400,000 in lost wages and future lost wages, you can recover $500,000 in economic damages. Damages for pain and suffering are calculated in different ways; a multiplier may be assigned to your case – such as 1.5 – and then this is used to determine damages by multiplying your economic damages by the multiplier.

Is There a Minimum or Maximum Amount that Can Be Recovered in a Personal Injury Settlement?

Usually, personal injury cases are only pursued if the claim is worth a substantial amount of money. There is no cap on the maximum amount of damages that can be recovered; you have the right to seek damages for the full extent of your losses. An experienced injury attorney can help you understand how to calculate the damages in your case and seek a fair settlement from the insurance company or negligent party responsible for your injuries.

What Is a Typical Settlement Amount?

Each settlement award varies depending upon the extent of losses the plaintiff has suffered. Remember, you are able to seek compensation for all damages you have suffered, including medical expenses, lost wages, pain and suffering, and future losses. How much your noneconomic damages are worth will depend upon your level of suffering, your age, what the prognosis is for your injuries, permanent disability, and more.

What Are the Most Common Types of Brain Injury?

A brain injury can be traumatic or acquired. Brain injuries fall into a number of categories, including concussions (one of the most common), contusions, coup-contrecoup, diffuse axonal, penetration, anoxia, and hypoxia. All brain injuries have the potential to be serious and life-changing.

Traumatic events that may cause a brain injury can include a blow to the head, a fall, or sudden, violent motion, like that experienced in a car crash. Brain injuries may also result from an acquired condition, such as the deprivation of oxygen in a near-drowning accident.

Are Some Brain Injuries Milder than Others?

Yes – the severity of brain injury varies depending upon factors such as the type of accident, the level of force involved, and the health of the victim. Some brain injuries will likely heal completely with time, whereas others can cause permanent disability.

Can I Seek Compensation for My Brain Injury or One Suffered By a Family Member?

Yes. A brain injury can change your life physically and emotionally, and certainly results in damages. If another party was responsible for the brain injury through an act of negligence, you may certainly seek compensation for your losses.

You don’t have to navigate your injury claim alone. Help is available. Call the Law Offices of Shane O’Donnell today to request your free consultation and learn more about how we can assist you.

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