How Indiana Injury Attorneys Calculate Non-Economic Damages in Lafayette Personal Injury Claims
After a serious injury accident in Lafayette, Indiana, determining non-economic damages forms a crucial yet complex component of your personal injury claim. Unlike economic damages that have clear dollar amounts through medical bills and lost wages, non-economic damages encompass the intangible yet profound impacts of an injury - including physical pain, emotional suffering, loss of enjoyment of life, and mental anguish. Experienced injury attorneys utilize several established methods to calculate these damages, including the multiplier method, per diem approach, and precedent-based evaluation. They carefully document the injury's impact through medical records, expert testimony, psychological evaluations, personal journals, and testimony from family members who can attest to changes in the victim's quality of life. This comprehensive documentation helps build a compelling case for fair compensation that reflects the full scope of the victim's suffering and loss of life quality.
Legal Rights and Considerations
Indiana follows a modified comparative fault system under Indiana Code § 34-51-2-6, which allows recovery of damages as long as the plaintiff is 50% or less at fault. The statute of limitations for personal injury claims is two years from the date of the accident (IC § 34-11-2-4). While Indiana does not cap most non-economic damages, medical malpractice cases have a total damages cap of $1.8 million as of 2019. Insurance considerations typically involve dealing with both the at-fault party's liability coverage and your own insurance, including potential underinsured motorist coverage. Compensation may include damages for pain and suffering, emotional distress, loss of consortium, disfigurement, and loss of enjoyment of life. Documentation through medical records, expert testimony, and daily pain journals strengthens claims for non-economic damages.
A good injury lawyer can help with all kinds of injuries stemming from a collision. Click the links below to learn more from a:
- Lafayette auto accident attorney(link is external);
- Lafayette pedestrian injury attorney(link is external);
- Lafayette motorcycle collision lawyer(link is external);
- Lafayette truck crash lawyer(link is external);
- Lafayette bike accident attorney(link is external);
Related Resources
Local Courts:
- Tippecanoe County Superior Court
- Tippecanoe County Circuit Court
- U.S. District Court for the Northern District of Indiana (Lafayette Division)
Support Services:
- Indiana Brain Injury Association
- Tippecanoe County Victim Assistance Program
- Mental Health America of Tippecanoe County
- Lafayette Regional Rehabilitation Hospital
Legal and Regulatory Resources:
- Indiana Trial Rules (www.in.gov/courts(link is external))
- Indiana Code Title 34 (Civil Law and Procedure)
- Indiana Department of Insurance Regulations
- Indiana Rules of Evidence
Return to the Lafayette injury lawyer information page
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