How Is Pain and Suffering Calculated in a Truck Accident?

After experiencing a personal injury, you may have more than just a broken bone or a sore neck. There are a variety of mental and emotional issues such as stress, anxiety, depression, and PTSD are pervasive after such an event. While you can receive compensation for your physical ailments, you can be owed compensation for these struggles as well. As an Indiana truck accident lawyer, we work with our clients to get them the most money due after their truck accident.

calculator method

What is the Calculator Method?

If your truck accident attorney is following the calculator method, they will start with your definitive damages, like physical therapy and hospital bills and whatever the money you lost by taking off work. Then, this figure is multiplied by a number between one and five based on the severity of your injury. Minor injuries are closer to zero, the catastrophic injuries are scored a five. Therefore, if you had $4,000 in medical bills and your injury was a four on the severity scale, you’d aim for $16,000 in both pain and suffering damages.

What is the Per Diem Method?

The phrase “per diem” is Latin for the phrase, “per day.” To calculate damages based on per diem method, your truck crash attorney will ask for a certain amount of money for every day you spent in recovery. In this case, if your attorney asked for $150 a day for 60 days of healing, you would be asking for $9,000 in compensation.

How Can You Prove Pain & Suffering?

Before you can fight for compensation for pain and suffering from your truck accident. It is important that you prove the existence and extent of your pain and suffering. As a general rule, the more evidence you have, the more likely it is that you’ll receive compensation. Your personal injury lawyer will gather photos of the event and your injuries, as well as medical records and opinions from mental health professionals you’ve met.

It may help to keep a personal journal outlining your feelings in the aftermath of the injury, which will also speak to your mental and emotional suffering. If you experience any forms of PTSD, depression, or insomnia, it more than helps to have a diagnosis from a professional, and any statements from your friends and family who notice any change in your behavior.

Part of the personal injury claim process is proving pain and suffering after common 18-wheeler accident causes. Proving pain and suffering in a personal injury claim can be very challenging since pain is completely subjective, and can vary drastically from person to person. Pain can be physical and/or emotional and can last a short or long period of time, depending upon the person, the severity of the injury suffered, the duration of the recovery period, any complications suffered, and the long-term prognosis.

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How is Physical Pain?

Physical pain can often be described in a large number of ways up to and including: annoying or nagging to sharp, throbbing, burning, tingling, and/or stinging. Physical pain can be either constant or intermittent, and depending upon the level of pain, there can be physical pain that would cause a partial or total failure of your ability to function in your regular activities. Pain can also have both mental or emotional aspects. Physical pain can include feelings of fear, anguish, anger, withdrawal, inability to focus, and/or anxiety. Pain left untreated, can also affect your ability to function in normal daily living activities.

Pain and Suffering are Subjective

Pain and suffering are entirely subjective. The best way to rate the levels of pain is through an objective comparison of what you were able to do before versus after the injury. By creating a detailed diary outlining everything you were able to do before and after your injury, you can maintain a record of how the pain and suffering from the truck crash has affected your daily living activities and the overall quality of life.

Keep a Detailed Record

Keep a record in as great a detail as possible. Document what activities you did in your home life, work-life, and what you did for fun and relaxation before and after the injury, your emotional and mental response to these regular activities, and how you respond since the injury. Do you still engage in these activities, but now with pain, or do you avoid them completely? Is your work-life different since your injury? How is your inaction with colleagues and clients? Has the injury affected your personal relationships?

How are Physical Activities Affected?

This list is just an example of some of the activities that may be negatively impacted by an injury. For example, what types of physical activities did you participate in before the injury? As an example, did you:

  • Bike
  • Hike
  • Fish
  • Hunt
  • Participate in sports for fun or on a team
  • Actively volunteer
  • Perform gardening and yard work
  • Travel
  • Attend sporting events
  • Go to the movies or the theater
  • Enjoy cooking at home for family and friends

How is Work-Life Affected by Injury?

How is your life at work affected by your injury after the truck accident? Are you still able to perform the same physical requirements of your job including sitting or standing for long periods of time, lifting and carrying, pushing or pulling, or working with your extremities? Since your injury did you have any new or changes in:

  • Work restrictions
  • Working hours
  • Opportunities to earn additional money
  • Job duties
  • Opportunities for advancement
  • Job opportunities

emotionally affected

How Are You Affected Emotionally by Injury?

How is your emotional stability since your injury? After your truck accident injury does the following occur:

  • Do you experience fear, anxiety, depression, or suffer from other types of emotional distress?
  • Do you have difficulty sleeping?
  • Do you have emotional or angry outbursts?
  • Do you now take medication to help with emotional pain?
  • Do you avoid activities that you used to love?
  • Do you feel disconnected from family and friends?

When you meet with your doctor, it is important that they outline in detail your medical records their medical opinion on whether you will have a short or long-term injury, any permanent physical restrictions you must follow, and future medical care to treat your injury.

When your claim is evaluated pain and suffering from the truck accident, your pain and suffering damages claim is treated more favorably. With the more details you provide regarding how the injury negatively affects you before and after at:

  • Home
  • Work
  • Play
  • Emotionally

These details, coupled with supporting documentation from your doctor, can provide the information to support a personal injury claim including how much monetary damages are for pain and suffering from the truck accident.

truck accident lawyer

When You Deal with a Truck Accident Lawyer

When you are experiencing pain and suffering from a truck accident and need to calculate pain and suffering you need to speak with an expert. Then you need to call a highly rated Indiana truck crash attorney, call Karpe Litigation Group at 317-251-1840 or contact us here today!

Common Truck Accident Causes

Daily someone is hurt or killed in a truck accident. Actually, a study by the National Highway Transportation Safety Administration  states that about every 15 minutes, a person is killed or seriously injured in an accident caused by trucks. Indiana highways such as I-465, I-65, I-70 and I-69 can all be perilous for automobile drivers when facing an accident involving a semi-truck. As an Indianapolis truck accident attorney, we represent our clients rights at 888-228-7800.

This sobering statistic demonstrates the importance is for all drivers, truckers and automobile alike, to be cautious, safe and take the necessary steps to protect themselves as well as the other drivers on the road. There are many different factors that are truck accident causes, some of which are described in more detail below.

causes of truck accidents

Trucker Error

Truck accident causes can spring from any number of mistakes on the part of the driver. While, many of these truck accidents are preventable. There are unfortunately, some of the leading truck accident causes are the result of common mistakes such as:

  • Driving carelessly
  • Driving recklessly
  • Driving while fatigued
  • Driving while distracted or impaired can all lead to accidents
  • Poor judgement
  • Distracted driving
  • Speeding

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There are very specific laws both at the Federal and at the State of Indiana level that dictate how long a trucker is allowed to drive before they must take a break, as well as how many hours between shifts a driver should receive to get adequate rest. If a law is broken and it results in an accident, victims may have a legal case against the trucker or the semi-truck company.

Weather as a Factor

We all know that driving a passenger car in inclement weather can be a challenging to say the least. Now imagine driving a big rig in such poor road conditions. A major cause of truck accidents includes:

  • Bad weather
  • Heavy rain
  • Snow
  • Ice

Precipitation is a leading cause of truck accidents and can make visibility difficult, roads slippery, and will generally driving conditions extremely hazardous.

Truck Failure

An 18-wheeler is a sophisticated machine that requires regular upkeep and maintenance. Just like passenger cars, another cause of truck accidents in Central Indiana occurs when trucks sometimes break down or have other mechanical issues. Certain issues such as:

  • Brake failure
  • Tire blowout
  • Broken headlight
  • Broken taillight

All are examples of faulty truck equipment that can be the cause of a serious accident, that often result in death.

Alcohol and Drugs are Also Truck Accident Causes

There are several studies that show that roughly 30% of truck drivers admitted to taking amphetamines, both obtained legally and illegally, while on the road. Additionally, the same studies showed u 20% used marijuana and 3% used cocaine. Drugs like amphetamines and cocaine have the result in keeping truck drivers awake unnaturally, but these drugs also compel them to take more risks like faster driving, unsafe lane changes, and using risky maneuvers in bad weather. Once those stimulants begin to wear off, the drivers are more likely to fall asleep at the wheel. Again, causing major accidents, often fatal.

truck accident cause

Trucking Company Negligence

There are some desperate trucking companies who employ drivers that have previously been charged with reckless or drunk driving. Hiring a driver with that past driving history can result in a trucking company as liable for negligence. Trucking companies can also be held negligent for most of the other factors listed. The companies are also negligent particularly if they have encouraged the semi-truck driver to drive faster than normal or even falsify logbooks in order to make on time deliveries.

You Need a Truck Accident Attorney

If you or a loved one has been injured in a trucking accident, you need help from an expert Indianapolis truck accident attorney. It is a fact that the trucking industry is highly regulated. This means that knowing who is to blame for an accident is not enough to secure payment of a claim. Large trucking companies generally have a large team of corporate lawyers as their truck accident defense. Additionally, truck drivers, their employers, and their insurance companies will often attempt to deny responsibility for an accident or offer a settlement for much less than a case is worth. Call our office at 888-228-7800 for a free consultation to discuss the merits of your case as soon as possible.

Do I Need A Lawyer After A Car Accident?

Car accidents can be very problematic to say the least, whether you were at fault or not. Having a lawyer to guide you through the legal effects of the crash can be a great way to deal with it and get compensation. It makes sense for you to have a professional car accident attorney on your side. The lawyer will help you to deal with any lawsuits you might face.  Call us at 888-228-7800 right away! After a car accident, handling a personal injury claim is not easy, especially if you do not know what the law says. It can be very time consuming and complicated. You do need to deal with the law as well as any injury you get from the accident. lawyer car accident An attorney will handle things for you so that you do not have to deal with the consequences of the accident yourself. Here is how to know if you need a lawyer after a car accident.

Are There Pedestrians?

If there are pedestrians, or more than one car, or specialized vehicles like a fire truck, an ambulance, or delivery trucks involved in the accidents, the case is always more complicated than dealing with one driver. If multiple parties are involved, the legal issues are complicated because there are numerous personal injury lawsuits involved. An automobile accident lawyer is better placed to handle such problems and will deal with the other lawyers and insurance companies in the right and proper way.  

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A good reason to hire a car accident lawyer after a car crash is to help maximize the compensation owed to you without much hassle because they possess the right skills and knowledge for the job.

Who is at Fault?

If no driver has agreed that they are at fault for being at fault, or when you are not sure about the facts leading to the accident, you may need a lawyer because this will make things a little more complicated. An accident claim relies on the ability to prove that the other driver and not you caused the other driver’s crash. You need to gather sufficient evidence that can determine the accident and present them to the insurance company. if you cannot prove your innocence, you are at a considerable risk of losing the case, and you will not get any compensation. An experienced lawyer is in a better place to show you what to do.

auto accident lawyer

What is the Extent of the Damages or Injuries?

If you sustained minor injuries in the accident, then it means that you received very minimal treatment and for this reason, you can be able to handle your claim without the help of a lawyer if you like. On the other hand, if your car accident claim includes serious grievances, then you should get a lawyer to negotiate with an insurance claims adjuster on your behalf. This is because you are entitled to several claims including:
  • Lost wages
  • Medical expenses
  • The cost of fixing a vehicle
  • The cost of replacing your vehicle
  • Reimbursement for your pain and suffering
An Indianapolis car accident lawyer is used to working with such claims can generally help you get good results. If you have been in an auto accident and are considering hiring a car accident attorney, call our office at 888-228-7800 to speak with an expert Indianapolis, Indiana auto accident lawyer as soon as possible.

What is the Personal Injury Case Process

Personal injury due to the negligence of another can qualify you for compensation. Even though the process of obtaining the compensation due to you can seem overwhelming at first, but knowing how your case works will help ease your mind and allow you to focus on healing. If you have been in an accident and were injured due to the negligence of another party, call us at 317-251-1840 to speak with an expert personal injury attorney in Indianapolis as soon as possible.

personal injury

Your Personal Injury Lawyer Investigates

As an example: If you were to get into a car accident in Indianapolis, after your car crash, chances are you will retain a car accident attorney in Indianapolis. To completely understand your case, your car accident attorney will need to review your medical records directly relating to the injuries you have sustained. You will also explain what happened leading up to and following the incident. Make sure to be as detailed as possible. Then your injury lawyer will use this information to develop a potential litigation strategy that informs on the demand package that gets sent to the defendant’s attorney or their insurance company.

Your Lawyer Will Wait

Your lawyer won’t send the demand package until you have reached the point of maximum medical improvement (MMI). This is the point where you have completed treatment and you’re as close to fully recovered as possible. Usually, car accident attorneys wait until you’ve reached your MMI so the true value of your case is understood, this ensures that you are not undervalued when a settlement is agreed upon or you have received your damages that are due.

Your Personal Injury Complaint is Filed

The majority of personal injury cases are settled outside of court. However, if a reasonable settlement cannot be reached, your lawyer will file an official complaint with the court clerk which brings your case to civil court for a decision.

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Discovery Begins

“Discovery enables the parties to know before the trial begins what evidence may be presented. It’s designed to prevent “trial by ambush,” where one side doesn’t learn of the other side’s evidence or witnesses until the trial, when there’s no time to obtain answering evidence” – American Bar Association

Leading up to the trial, attorneys from both sides will continue to investigate. Be prepared to answer questions from the defendant’s attorneys and the defendant will have to answer questions from your injury lawyer. Both sides will also interview any witnesses to the event.

personal injury case step

Negotiations Led by Your Injury Lawyers Continue

The attorneys are consistently in communication during the pre-trial process. When discovery ends both sides will have a clearer understanding of the case. The attorneys will once again attempt to reach a settlement to avoid going to trial. More often than not, the lawyers will discuss the matter themselves, but sometimes they employ an impartial third party to mediate the discussion. If they are not able to enter into a settlement, then prepare for a trial as the next step in the personal injury process.

Enter into a Settlement Agreement or Trial

Most likely, a settlement for your injury will be reached. Both the Plaintiff and the Defendant will sign documents confirming the settlement agreement. The signed documents will ensure that you receive the compensation you are due and that the defendant is released from any future liability regarding the matter.

If your case goes to trial, expect for a jury to hear from expert witnesses in the medical field to attest to the severity of your injuries. Expect for the attorneys for the both parties to be in some form of constant communication. Because the attorneys are communicating with an increased degree of frequency, that even during the trial, both of the parties can reach a possible settlement in the matter.

personal injury case process steps

A Personal Injury Case Should Not Be Handled Alone

As tempting as it may be, proceeding with the expectation of acting as your own injury lawyer in your case is not a good idea. Defendants have an incentive to hire an attorney, which is why it’s best that in the case of a car accident, you hire your own accident attorney for car wrecks. At Karpe Litigation Group, we are a top-rated car accident law firm, with extensive experience in all forms of personal injury cases. Give our office a call at 317-251-1840 to speak with an attorney immediately, or contact us here!

 

What to Ask After a Car Crash

If you have been in a car crash and have suffered injuries, it is important that you hire an Indianapolis auto accident attorney as soon as possible. An auto accident attorney can make it easier for you to focus on getting well after your accident. Some of the duties of a personal injury lawyer is to relieve paperwork burdens, protect your interests throughout the claims process, and file a lawsuit if need be. Getting answers to the following questions from your attorney can give you clarity and peace of mind regarding your claim.

how long

How Long Will It Take to Settle My Claim?

To be honest, everyone has a different case. There are a number of factors that can affect the length of time it takes to resolve a personal injury claim. Some of those factors include the following:

  • Severity of your injury
  • Length of time to treat your injury
  • Complexity of the legal issues involved in your case

If your case is not settled, as your car accident attorney, we will file a lawsuit on your behalf.

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What is the Deadline for Filing a Lawsuit?

Every state has a statute of limitations for filing lawsuits and other civil actions. The statute of limitations laws of Indiana is generally similar to those of other states. Depending on the type of case, the statute of limitations in Indiana for lawsuits can be a range from two to 20 years

what to ask

In cases against certain entities, however, you must provide a notice of claim well before the statute of limitations runs out. For this reason, you should speak to a personal injury attorney as soon as possible after an injury.

What is a Contingency Fee?

Most lawyers take accident cases on a contingency fee basis, meaning that they receive a fixed percentage of the money they recover for you in a settlement or court judgment. If there is no recovery, the attorney is paid nothing and you will not be required to pay the attorney anything for working on your case. Your accident attorney should present a fee agreement in writing for you to review and sign before he or she begins working on the case.

question

In general, contingency fee percentages range from 33% to 40%, depending on the amount the client could potentially win, the strength of the case, and other factors.

If You Were in a Car Crash

If you’re recovering from or have been in a car accident, no matter how minor you think it may be, get help from Karpe Litigation Group. We serve the entire State of Indiana, negotiating settlements and trying cases with the goal of getting our clients all the compensation the law allows. To speak with an attorney who cares today, call us at 317-251-1840 before it becomes too late!

Why Hire an Accident Attorney

While professional legal help is not required to make a claim after a car crash, having a seasoned auto accident attorney by your side is highly recommended. In Indianapolis, Indiana, victims of negligence look for sophisticated legal guidance that gets results. After spending two decades working with injury victims all over Indiana Karpe Litigation Group has what it takes to assist our clients through every step of the claim process.  Give us a call at 317-251-1840 for a free consultation today. Here, they list five reasons to turn to an attorney for

Knowledge of Personal Injury Law

Making a personal injury claim due to an auto accident can be complex legal process. A working knowledge of the law is essential to the success of your case. It can be difficult for the average person to acquire the perfect level of knowledge in personal injury and auto accident law. An auto accident attorney brings extensive experience that allows them to create the most optimal legal strategy suited to your needs.

HIRE AN ACCIDENT ATTORNEY

Assistance with Filing an Insurance Claim

The first step to recovering damages for the injuries you have sustained in your auto accident is to file a claim with the auto insurance company. The process with how the accident claim is filed can have a huge impact on the outcome, and in many cases, legitimate personal injury claims are still denied. An attorney will help you structure yours in the best way possible while also helping you with any subsequent denials.

Accident Attorneys Help Determine Settlements

Establishing the best settlement can be a difficult undertaking, especially when you have sustained permanent or long-term injuries. A seasoned car accident attorney will be able to do just that based on past case experience. Past experience is vital to ensuring that you receive the most optimal settlement you receive is capable of covering all your costs, from medical expenses to lost income. The duty of an automobile accident attorney is to do our best to make you whole.

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Attorneys are Skilled Negotiators

It might also be necessary to negotiate with the auto insurance company for a better settlement. Arriving at the best settlement amount can be a complex process, and often, the insurance company will offer a lower settlement in the hopes that the claimant will accept. An attorney will possess the skill and experience to get you the amount you deserve.

WHY HIRE A CAR ACCIDENT ATTORNEY

An Accident Attorney Provides Proper Representation in Court

Unfortunately, there are different types of car accidents and there are varied injury claim processes needed prior to going to court, having professional legal representation can make all the difference in the outcome of your case. In most instances, claimants with personal injury attorneys are privy to greater settlement amounts than those who go without a proper level of legal assistance.

If You Need to Hire an Accident Attorney

If you’ve been injured in an auto accident, due to the negligence of another party, a quick, well thought approach to resolving your accident claim out is crucial. Contact Karpe Litigation today to see the difference a skilled auto accident attorney can help make in your process. Call our office at 317-251-1840 to schedule a free consultation with the Indianapolis auto accident attorneys of Karpe Litigation today, or visit the website for the full range of practice areas.

2 Killed in Crash on I-69 in Fishers

As a semi-truck accident attorney, we handle a number of truck accidents that happen on the highways of Central Indiana, particularly crashes that happen on I-69 in Fishers.

Indiana State Police say two people were killed in a crash on I-69 near the 106th Street exit in Fishers. The crash involved a semi and a passenger vehicle and happened just after 5:30 p.m.State police  identified the two people killed in the crash as 19-year-old Marcus Padgett and 17-year-old Elizabeth Robertson. According to state police Marcus Padgett was the driver with Elizabeth Robertson the passenger.


Unfortunately. the circumstances surrounding the fatal crash remain under investigation.

Indiana State Police believes that the driver of the passenger vehicle, Padgett,  swerved to avoid shredded tire debris and lost control. After losing control, the car then spun into the path of the semi-truck and was struck. The result was that both of the vehicles occupants were pronounced dead at the scene.

The driver of the semi was transported to an area hospital to be treated for minor injuries. That driver has been identified as Anthony Manuel, 52, of Georgia.

We Handle Car Crashes Involving Trucks

As a top-rated Indiana car crash attorney, we help represent our clients that have been in many types of car accidents or truck accidents that result in death or severe injury. Call our office at 888-228-7800 to speak with an expert personal injury attorney today.

Why Find a Personal Injury Attorney

Whether you’ve been injured at work or in a car accident caused by another person’s negligence, it can be easy to feel overwhelmed as medical bills pile up. In such circumstances, working with an Indiana personal injury attorney is almost necessary for you to receive the proper amount of compensation for your sustained injuries. If you have been involved in an incident that requires the need of an injury attorney, call our office at 317-251-1840. Let’s discuss why you need to find a personal injury attorney as soon as possible.

Why it’s Worth Hiring a Personal Injury Attorney

There are a number of benefits in hiring a personal injury attorney. People may not realize that personal injury attorneys specifically are educated to navigate all of the complexities of the civil litigation process. When they do this successfully, they are able to help you realize the maximum amount of potential success in a personal injury lawsuit and/or subsequent personal injury settlement. Hiring the right personal injury attorney can literally make all of the difference in either winning or losing your injury suit.

SLIP AND FALL

Injury Attorneys Can Assess Your Claim Value

An Indiana personal injury attorney has worked with a wide range of injury cases which would require:

This experience with a wide amount of injuries allows us, as your personal injury law firm to both objectively analyze the extent of your injuries as well as calculating an accurate estimate of your injury claim.

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Understanding the Legal System

Learning how to talk to a personal injury lawyer shouldn’t be a battle for you, and neither should you have an issue in understanding how the personal injury court process works. While both litigating and mediating personal injury claims can be an extremely lengthy and drawn-out process, working with a personal injury lawyer, with personal injury cases won is key to assisting you in avoiding minor technical issues that are known to derail an injury case. An attorney will also use their knowledge to help prove that the other party was behaving in a negligent manner that contributed to your injury. A top-rated personal injury lawyer can also help you determine which option will be best for settling your claim, whether that claim involves arbitration or ultimately going to trial.

LAWYERS HANDLE BUSYWORK

Personal Injury Lawyers Handle the Case “Busywork”

From collecting medical charts, gathering police reports, communicating with insurance adjusters, understanding the different types of car accidents, and potentially deposing witnesses, personal claims can be extremely time-consuming. As your lawyer, the team at Karpe Litigation Group will take every available step to further strengthen the merits of your injury case. It’s very important that you focus on your recovery, and working with a skilled personal injury lawyer allows you the time to recuperate while they handle your case workload.

When You Need to Find the RIGHT Personal Injury Attorney

Finding the best personal injury attorney for your case can be frustrating, fortunately, at Karpe Litigation Group we are skilled personal injury lawyers that know clients need someone to fight for their right to be made whole. Call our office at 317-251-1840 to speak with a personal injury attorney right away.

Deadly Crash Near 36th and Emerson – 5/25/20

One person is dead after a crash involving three vehicles late Monday, May 25th  2020 on the city’s east side.

It happened just before midnight near 36th Street and Emerson Avenue.

Metro police offered few details shortly after the crash but confirmed that one person was killed and “several” others were transported to area hospitals.

The nature and extent of the injuries were not available.

 

If you are in a car accident and need a car accident attorney, call the team at Karpe Litigation Group at 317-251-1840.