Following a personal injury accident, you can suffer from physical, mental, and financial losses. From unexpected medical bills and lost wages to emotional distress, recovery from a personal injury lawsuit may seem impossible, but with support, it can be achieved. You can learn more about personal injury lawyers here.
In Indiana, there are four basic elements of recovery for injury and related losses. Recovery is available for:
Recovery for medical expenses is for the amount that was actually paid to cover the billing and for any remaining amounts that have yet to be paid. In addition, to the extent that there’s sufficient proof for the need for ongoing medical care, recovery is available for future medical treatment and related costs.
For pay loss, recovery is available from the time of injury until the time one is able to return to one’s job or to an equivalent position. There can also be recovery for pay loss to the extent that injuries are so severe that it prevents one from continuing work. In such cases, we will typically retain an economist to do a loss of pay calculation for the remainder of the person’s work life.
Pain and suffering damages and damages for the future effects of one’s injuries are subjective in that there is no mathematical formula to calculate such damages. Such an award is left to the discretion of a jury upon being instructed by the court about various factors to consider for pain and suffering. It is ultimately left to the discretion of the jury to use their best judgment and understanding to determine a fair amount to fully and fairly compensate the injured person.
For future pain and suffering and related physical limitations, such damages are also left to the discretion of the jury. There typically needs to be proof of ongoing future symptoms and impairment from testimony of a doctor indicating that there will be such permanent effects. For those with more severe impairments, we may retain the services of a rehabilitation physician who specializes in the future needs of patients with permanent impairments and injuries, and we also may retain the services of a life care planner who can calculate the cost of future medical care and other needed services to allow our client to be able to better cope with their permanent injuries in the future.
If you or someone you know is involved in a personal injury incident, the team at Foley & Small is here to help you. Through support, guidance, and handling of your case, the experienced attorneys at Foley & Small are here to ensure you receive what you deserve. To learn more or to get started with your personal injury claim, contact our team today!