What Are The Types Of Personal Injury Damage Claims?

What are the types of personal injury damage claims

Personal injury compensation comes in many different forms. If you have met with a personal injury, it’s essential to know the types of reimbursements involved. Typically, personal injury damages are of two kinds: compensatory and punitive. We will discuss more of these types in the following blog post.

Throughout your personal injury settlement process and trial, you can use this guide to know about the various personal injury damages. Furthermore, the skilled personal injury attorneys at Karpe Litigation Group will guide you and assist you with the types of damage claims throughout your personal injury case.

If you’re searching for a personal injury lawyer for your case, the Best Indianapolis personal injury attorney at Karpe Litigation Group are here to help. Contact us at 1-888-228-7800 to schedule a consultation.

Let’s just move on to the types of personal injury damages in a refined manner.

Types of Personal Injury Damages

In a personal injury case, the injured can seek compensation from the party that caused or contributed to their losses, whether they have suffered an injury, property damage, or any other sort of loss. Damages are the legal term for such remuneration.

In practically all injury cases, including those involving auto accidents, medical negligence, and slip and fall incidents, compensatory damages can make up for the suffering the injured party has endured.

Although there are many distinct kinds of compensatory damages, they can be broadly divided into general, special, and wrongful death damages.

On the other hand, punitive damages are often only granted in a few instances. Punitive damages are given directly to the injured or harmed party. Punishments are given to the wrongdoer for specific forms of heinous action and have nothing to do with the type of harm the injured party has experienced.

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Let’s look at the many forms of compensation that a plaintiff in a personal injury case can claim.

1. Compensatory Damages

As the name suggests, these damages reimburse or compensate you for the costs associated with the injury. It’s better to know that compensatory damage is a broad category with multiple sub-categories. The upcoming section will give you complete details on various compensatory damages. Seek out our personal injury lawyers to get more information now!

1. Special compensatory damages

Special compensatory or economic damages involve tangible costs where you receive compensation for your expenses and are met with other financial downturns after injury due to the other party’s negligence. Some of the most prominent special compensatory damages are:

Special Compensatory Damages

1. Compensation for medical expenses

Many personal injury cases will necessitate some kind of medical care in the future, possibly including a long-term care plan. Fortunately, all medical expenses you have incurred and seek in the future can be compensated for in a claim.

It can include the medical bills, lab examinations, and surgery charges, cost of hospital stays, rehabilitation, physical therapy, at-home caretaking, and pain management bills.

2. Loss of earning capacity or lost wages

You could file a claim for the income you have lost due to the injury’s impact on your ability to work. It can include money you’ve already lost by missing work and a loss in your capacity to make money in the future.

3. Damage of property

You might be eligible for compensation regarding repairs or replacement if any of your personal property was lost or destroyed due to the accident. This kind of loss frequently occurs in auto accident cases, but it can also occur in slip-and-fall accidents or other mishaps that result in the loss or destruction of a victim’s personal belongings.

4. Expenses related to canceled or altered trips

You might have planned a big trip before meeting with an accident. However, your injury prevented you from carrying out your original intentions, in which case you may be entitled to financial compensation for any losses you could not recover.

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Now that we have reviewed special compensatory damages, let’s walk through general compensatory claims below!

2. General compensatory damages

When you are hurt, you may incur expenses for which there are no receipts. Although these expenses can be recovered by the accused party, they are challenging to track. General compensatory damages cover it.

General compensatory damages include, among others:

General compensatory damages

1. Prolonged pain and suffering

The compensation related to an accident victim’s physical pain and suffering falls under this category. These damages cover the victim’s physical injuries at the scene of the accident and afterward. Besides, your compensation claim may also involve ongoing pain and suffering.

Remember the rule of thumb where the more serious the harm, the more acute the pain and suffering, and the more money the defendant will have to pay in damages.

2. Poor or unsatisfactory quality of life

Unfortunately, many different sorts of personal injuries prevent their victims from continuing to enjoy life the way they once did. For instance, people who sustained an amputation or a TBI due to their injuries cannot live a life they used to enjoy before getting injured. So, you deserve compensation in such a scenario.

3. Loss of consortium

You are entitled to loss of consortium compensation if you discover that you have lost companionship with your spouse or family or are unable to maintain a healthy relationship with your spouse as a result of your injuries.

4. Reduced enjoyment of life

Accidents and injuries often leave the victims bedridden or hospitalized for a prolonged period. Such victims cannot enjoy life and events like spending time with their families, going on a vacation, or participating in sports, especially when they are recovering from their injuries. So, personal injury victims may claim compensation for a loss of enjoyment of life when they are unable to engage in activities that used to make them happy.

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Finally, let’s learn the meaning of wrongful death damages and the typical scenarios involved.

3. Wrongful death damages

These damages are a combination of general and special compensatory damages. It applies in wrongful death instances that occurred due to an accident. Since the victim has succumbed to the injuries, these damages go to his surviving family members.

Some of the wrongful death damages can be:

Wrongful death damages

1. Burial and funeral expenses

Funerals and burials are frequently costly. Wrongful death damages may assist the family in getting a justified compensation for these expenses from the accused party.

2. The price of medical care before the wrongful death occurred

When a loved one receives medical attention after an accident, but before passing away, their family might want assistance in covering the costs of their care. The wrongful death damage helps them get such expenses appropriately covered.

3. Reduced family income due to wrongful death

Since the injured victim has passed away, the family might experience a reduced family income over time. Couples with kids or partners who weren’t the sole earners will benefit the most from such damages. Overall, the victim’s income loss is made up for by this compensation.

4. Emotional agony and mental suffering of surviving family members

These damages are intended to aid the surviving family members in moving forward with their lives after the wrongful death of a dear one. To reduce emotional distress and suffering, these compensations can be helpful.

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Those were the common types of compensatory damages. Now, let’s walk through the meaning and significance of punitive damages.

2. Punitive Damages

The punitive damages penalize the party accountable for your injury or a loved one’s wrongful death. So, they are not intended to make up for your losses. Punitive damages may be granted to you if the court decides that the compensatory damages you received are insufficient and the accused party deserves punitive measures to prevent them from repeating such incidents.

The court will likely grant punitive damages when the accused party engages in willful or plotted misconduct. Courts may also impose punitive damages to individuals involved in high-profile cases where the at-fault party tried to set an example through their heinous actions.

Conclusion

If you or your loved one has recently met with an accident & got injured and looking for the Best Indianapolis personal injury lawyer, then Contact Karpe Litigation Group. Our skilled personal injury attorneys can walk miles to cover your loss with all types of damage claims possible in your case. Reach out to the Best Indianapolis personal injury lawyer now!

How Long Will It Take to Settle Your Personal Injury Claim?

How Long Will It Take to Settle Your Personal Injury Claim?

When you are fighting for the settlement of your personal injury case. During that time you have 1000s of questions in your mind related to personal injury claim settlements. Such as How long will the case run? What amount of compensation will I get? Will I get a fair amount of compensation? and many more. As, It depends on the multiple factors, which will be discussed shortly.

Personal injury cases usually take approx 1 to 3 years to obtain a settlement or receive a verdict. Various factors can influence the case thus, there is no simple solution. So, the personal injury victim often gets frustrated when everything is moving slowly without knowing the crucial causes.

However, we have made all the possible efforts to give you a concise outline of the personal injury lawsuit process, we also plan the time span for all the stages. So, you can prepare your mind for these delays. So let’s get into the article to discuss it more closely!

Factors that Influence the Length of Litigation

Let’s, look at the factors that might stretch the processing time of your personal injury litigation!

Factors that Influence the Length of Litigation

1. Case complexity

Not all personal injury cases are the same. Some are easy and few are complicated. Undoubtedly, simple cases get resolved within some days or a month whereas the complicated case runs for a long period of time.

2. Damage amounts

Mostly a case with the amount of $1000 to $10,000 gets compensated in less time than the amount figured out in millions or billions. As the legal matter is more serious a large amount is received by the victims so it gets delayed in getting the compensation amount. As many of the cases get resolved outside the courtroom by the mutual understanding between the victim and the insurance company.

3. The timeline of personal injury

Every personal injury case has a different timeline. So, the timeline of the personal injury case depends on what type of case has been filed. For instance, brain and spinal injury cases will take much more time than compensating for a slip and fall case. Hence, the severity of the personal injury determines the length of your litigation.

Some Prominent Steps in the Litigation Process and the Timeline

Let’s take a glimpse of the steps in the litigation process that might cause some delay in compensation.

Some Prominent Steps in the Litigation Process and the Timeline

1. Hiring a personal injury attorney

You can file a lawsuit against the opposition by hiring attorneys from the best Indianapolis personal injury firm to represent you in court. After hiring the personal injury attorneys, the chances increase to get the best amount of compensation.

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2. Starting the lawsuit

Finding the applicable statute of limitations is one of your attorney’s first steps after accepting your case. States have different personal injury statutes of limitations but typically range from one to three years. The rule of regulations establishes the window of opportunity to bring a claim.

Your Indianapolis personal injury attorney will start drafting the complaint while keeping the statute of limitations in mind. Your attorney typically needs time of a week and a year to prepare and serve the defendant with the complaint.

3. Investigation

The method of information exchange between parties to a case before trial is referred to as discovery. The investigation phase might include:

  • Police reports
  • Medical history
  • CCTV footage
  • Company emails

Once the complaint gets lodged, an investigation begins. It can last for about 30 days before the onset of the trial.

4. Appearing in the trial

Once the investigation is over, the case is represented in court for trial.

A personal injury case trial can have the following phases:

  • Choosing a jury
  • Opening statements
  • Cross-interrogation and witness testimony
  • Closing arguments
  • Jury instruction and verdict

Trials typically can stretch up to 1 to 7 days.

5. Appeal

Normally, both parties have the opportunity to countersuit against the decision if they don’t agree with it, a new trial or settlement could occur if the appeal is successful. Typically, you must submit a request within 30 days of the trial court’s decision.

If you are already in the middle of the process and wondering about the time delay, a personal injury claim’s timespan gets longer than expected due to some primary reasons and circumstances.

We hope that you have received the information you’re looking for “How Long Will It Take To Settle Your Personal Injury Claim?”

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Conclusion

Personal injury cases aren’t simple. They involve various legal facts which can be well-handled by expert Indianapolis personal injury lawyer. If you want a fair process, construct a robust case, and get deserving compensation for all the damages you have gone through, it’s best to approach the best personal injury law firm in Indianapolis, Indiana.

At Karpe Litigation Group, we have specialized attorneys experienced in complicated personal injury cases with a massive winning history. Contact us now!