In Indiana, anyone injured because of someone else’s negligence may be entitled to a personal injury settlement, covering things like medical bills, lost wages, and pain and suffering. For many, pain and suffering—those intangible losses tied to physical pain, emotional distress, and lifestyle disruptions—are among the most important parts of a claim. Here’s how an Indiana injury attorney can help you maximize this key area of your settlement.
1. Understanding Pain and Suffering in Indiana Injury Claims
The goal of an injury settlement is to compensate for damages experienced because of someone else’s actions. In Indiana, pain and suffering refers to the physical and emotional consequences of an injury, above and beyond measurable financial losses. Unlike a simple formula, pain and suffering is based on unique factors in each case, meaning it requires a thoughtful approach to claim its full value.
2. Why “Three Times the Medical Bills” Doesn’t Work
Many people assume that calculating pain and suffering is as easy as taking a multiplier (often three) of their medical bills. However, this method misses critical aspects of each case, as every injury impacts people differently. Here are some elements that factor into the valuation of pain and suffering:
- Injury Type and Severity: The nature of your injury greatly influences the value of pain and suffering. A broken bone might seem worse than a bruised one, but if that bruised rib makes every breath painful, it may have a higher pain and suffering component. A skilled attorney will advocate for how your injury specifically affected your daily life.
- Recovery Timeline: How long did you experience pain and discomfort? Injuries requiring prolonged treatment or causing lingering pain can lead to higher compensation.
- Lifestyle Disruptions: Missing out on family gatherings, hobbies, or other life events because of your injuries speaks to the emotional toll they have taken. This disruption of life often increases pain and suffering claims significantly.
3. How an Attorney Evaluates Pain and Suffering
Insurance companies may try to undervalue your pain and suffering, particularly by offering a standard formulaic amount. To avoid this, a knowledgeable Indiana injury lawyer will look at multiple factors, advocating for a full assessment that reflects the personal impact of your injury. For instance:
- Age and Healing Time: Younger individuals tend to recover more quickly, so the pain and suffering calculation for a senior could be higher. Insurance companies may argue against compensating older adults fully, but this is unfair and incorrect; all injured individuals deserve to live as comfortably as possible.
- Mortality Tables: If an injury results in lifelong discomfort, attorneys may use mortality tables to project how long an injured person might continue to experience pain, impacting their settlement amount. This tool helps juries or adjusters see the bigger picture, especially when the injury involves chronic pain.
4. Pitfalls of Comparative Fault in Indiana
Indiana law uses a “comparative fault” rule, which means if the injured person was partially responsible for the incident, their compensation can be reduced by their percentage of fault. For example, if you’re found 10% responsible for your injury, your total settlement decreases by that percentage. This makes it crucial to work with an attorney who can minimize or refute claims that you were partly at fault.
Comparative fault can come up in unexpected situations. Consider a movie theater slip-and-fall where the theater argues you weren’t paying attention to trash on the floor. Although Indiana law allows shared fault claims, experienced attorneys know how to counteract this tactic and maintain the highest possible value for your pain and suffering claim.
5. Dealing with Insurance Adjusters: What to Watch Out For
Insurance adjusters are trained to minimize payouts, often by questioning victims in ways that downplay their pain or suggest fault. Avoiding these pitfalls is essential to securing fair compensation. Here’s how to protect your claim:
- Be Cautious with Statements: Adjusters often phrase questions to elicit statements that minimize your pain or suggest fault. For example, casually agreeing that “everyone speeds” could be used against you. Avoid answering without an attorney present.
- Watch Out for “Sympathetic” Responses: Adjusters may pretend to empathize by saying things like, “We’re so glad you’re okay.” While it sounds friendly, they may use such remarks to argue you downplayed your injuries.
- Avoid Social Media: Insurance companies monitor claimants’ social media, and posts showing physical activity can be used to argue you’re not as injured as you claim. The safest course is to avoid posting anything until your case concludes.
6. Why Trial Experience Matters
Insurance companies track law firms that regularly go to trial versus those that primarily settle. Firms known to take cases to trial often secure better settlements, as insurers know these attorneys won’t hesitate to present their case to a jury. The Marc Lopez Law Firm has a proven track record in trials, which strengthens our clients’ negotiation position and often leads to higher settlements.
7. Getting the Settlement You Deserve
The experience of pain and suffering is highly individualized, which is why Indiana law allows for a tailored approach in valuing these claims. To ensure you get the full settlement you deserve:
- Work with an Indiana Injury Lawyer: An attorney familiar with Indiana’s injury laws can counteract the tactics of insurance adjusters and push for a fair valuation of your pain and suffering.
- Document Your Experience: Keep a journal of your recovery, noting physical and emotional difficulties. This record helps communicate the true extent of your pain and suffering.
- Consult with Medical Experts: Your attorney may recommend consulting medical professionals or other experts to substantiate claims of ongoing pain or emotional trauma, especially when injuries result in long-term suffering.
Closing Thoughts: Let Us Turn Your Frustration into Compensation
If you’re dealing with pain and suffering after an injury in Indiana, you deserve a full settlement that truly addresses your hardships. The Marc Lopez Law Firm is here to help you navigate these challenges. Give us a call at 317-632-3642 and let us turn your frustration into compensation.
