What is the maximum accident injury compensation in Indiana?
The maximum accident injury compensation in Indiana depends on the specific nature of the accident and any resulting injuries. Typical car accident settlement amounts with injury in Indiana could include money for medical expenses, lost wages, and other economic losses as well as non-economic damages related to pain and suffering. In extreme cases of negligence or conduct, punitive damages may be recovered to punish the wrongdoer. The amount of compensation an individual receives depends on the facts of their case and the strength of the evidence presented.
It is important to speak with a car accident lawyer to determine what damages you may be able to recover and how much compensation you might receive. They can work to protect your best interests throughout the claims process, and this is one of the reasons to get a lawyer after a car accident. If you want to discuss your situation, give us a call at Team Green Law.
What are the personal injury damage caps in Indiana?
The damage caps for personal injury claims in Indiana depend on the specific type of damages suffered by the injured party. For medical expenses, there is no cap on the amount a person can be awarded. Typical car accident settlement amounts with injury can vary widely. To learn more, call Team Green Law to speak with a car accident lawyer.
Is there a cap on pain and suffering in Indiana?
While Indiana doesn’t cap damages for pain and suffering specifically, there is a cap of $300,000 on loss of love and companionship for the wrongful death of an adult with no dependents.
Does Indiana have a cap on punitive damages?
Yes, Indiana has a cap on punitive damages, and understanding the state’s laws and damages caps is one of the reasons to get a lawyer after a car accident. Punitive damages are capped at three times the amount of compensatory damages or up to $50,000, whichever is greater. It can be noted that excessive punitive damage awards could be subject to constitutional review for being “grossly excessive” and having a “disproportionate” impact on the defendant. This means that punitive damages awarded in Indiana may be adjusted or reduced if they are deemed to be too large for the wrongs committed.
It is worth noting that punitive damages are not commonplace under Indiana law and Indiana courts have found that they are rarely appropriate. The purpose of punitive damages is to deter and punish wrongful activity, not to compensate the victim. Punitive damages, when awarded, are in addition to compensatory damages which are meant to make the injured party whole. When a punitive damage award is granted, the party against whom the judgment was entered must pay the punitive damages to the clerk of court. Upon receiving payment, the clerk will pay 25% to the injured party; the remaining 75% must be deposited in the Indiana Violent Victims Compensation Fund.
What is the cap on noneconomic damages in Indiana?
There are no caps on non-economic damages in Indiana unless the claim is against a government entity, in which case there is a cap of $700,000. There is also a cap of $300,000 on loss of love and companionship for the wrongful death of an adult with no dependents.
What are the limits of the Indiana Tort Claims Act?
The Indiana Tort Claims Act (ITCA) establishes limits on the amount of damages that can be recovered from a government entity. The total amount recoverable in any given case is limited to $700,000 per individual claimant and $5 million in aggregate for all claimants arising out of any one occurrence. In addition, punitive damages are not allowed. The ITCA also requires that a notice of claims be sent within 180 days of the incident giving rise to the claim. Finally, the ITCA bars any recovery for property damage in excess of $100,000, and it bars recovery by a governmental employee or his/her estate regarding injuries sustained while acting within the scope of employment unless the governmental entity has waived immunity. For more information about the Indiana Tort Claims Act, consult an experienced attorney.
The limits imposed by the ITCA are designed to protect public entities from excessive liability while also preserving individuals’ ability to seek redress for damages caused by negligent or wrongful acts on the part of a governmental entity. Understanding these limitations increases the likelihood that any claims pursued are within the bounds of the law.
The Indiana Tort Claims Act can be a complex and confusing area of law, so if you have questions or concerns, it may be a good reason to get a lawyer after a car accident.
Team Green is a different kind of law firm. We’re not going to make you promises we can’t deliver on. This is our promise to you: we will guide you through the legal process, working with you through straight talk and personal attention, and we’ll work for you with smart, aggressive representation to get the settlement or judgment you deserve. Other lawyers show their case results on their websites, but not only does that imply results they can’t guarantee — it’s against the Indiana Rules of Professional Conduct (Rule 7.1  (2)). But you should know that the results of one successful case does not tell us what will happen with you. We will work with you to set realistic expectations of the timeline and money that could be recovered for your unique case.