Nobody wants to suffer any loss irrespective of the magnitude. That means you are not wrong if you or anyone you know was a victim of a car accident and you really want to know what the average settlement for a car accident is in Indiana.
Purpose of Car Accident Settlement Claim
Who intentionally prepares for a road accident?
No one in the right frame of mind plans for an auto crash but when one occurs, you have to respond immediately especially if you have physical injuries.
In a situation like this, you will most definitely bear the initial medical bills and apart from that, you might go through some pains and discomforts. Additionally, you might miss work days which means a loss of expected wages.
How do you recover from all of these?
You need compensation for your direct losses and associated future inconveniences.
Usually, parties involved settle auto accident cases outside the courtroom but there are times a fruitful negotiation is impossible. And if that’s the case, you can involve your car accident attorney in Indiana for a legal trial. An attorney will ensure the details of the damages you suffer are properly outlined and defended in front of the jury.
Facts About Average Settlement for Car A Accident in Indiana
The reality is that there’s no average car settlement. Compensation is based on the uniqueness of each case.
This is not to say an average is difficult to come up with but there are two major challenges preventing the calculation of average car accident settlement in Indiana.
First, there is no central place for the collation of figures related to car accident settlements.
Second, many cases are settled outside court. The parties simply resolve the case in any way possible.
In fact, a jury-settled case won’t have the eventual compensation sum available to the public.
However, a car accident attorney stands in the best place to evaluate how much you might likely receive as compensation. Basically, an experienced attorney will deeply take a look at these two areas:
1. The Extent of Car Accident Injury
This is quite straightforward. The extent of an injury usually determines how deep your anguish is and how much you pay for recovery.
2. Financial Implication
There are some costs you may have already incurred or will sort in the future as a result of the car accident.
Categories of Car Accident Damages in Indiana
There are two classes of damages you can receive settlement for. They include the economic damages and the non-economic damages.
1. Economic Damages
These damages are easy to calculate because they are direct financial losses. Economic damages include total lost wages, cost of transportation for medical appointments, vehicle repair, vehicle rental while your vehicle is undergoing repairs, medical bills which include future expenses e.g. surgical appointments, etc.
It’s advisable you keep the evidence of your expenses in order to easily articulate your claim.
2. Non-Economic Damages
They are not as easy to measure as economic damages because of their nature. Non-economic damages include suffering, pain, humiliation, and other traumatic experiences. When your case is presented, the jury determines how much the at-fault party should pay you.
Can you claim your compensation whenever you want?
In Indiana, there is a regulation guiding when you can file a car accident case.
You only have a maximum duration of two years from when the accident occurred to open a lawsuit. Once this time elapses, the court might not give attention to your claims again.
Apart from that, if you fail to open up such a case immediately, there’s a high chance that you would lose touch with the witnesses. In fact, if you are able to reach them, some may have completely erased the accident scene from their minds while some who remember may have forgotten the nuances of the incident which could help you prove your case better.
Also, if you wait a long time before filing a personal injury case, you can lose or damage the evidence you have. So, the right thing to do is to file a case immediately after the incident.
See also: What is the average settlement for a car accident in Missouri?
Who pays a car accident settlement in Indiana?
Don’t conclude yet that the other person will be totally responsible for paying the compensation. In fact, no one might pay you anything and if the other party sues you, the payment may come from you. It all depends on who’s at fault.
Indiana is one of the “modified comparative negligence” states in the United States of America. This means the compensation you receive primarily depends on the percentage of the incident that wasn’t your fault. If you sue for $50,000 and authorities discover you are responsible for just 30% of the accident, the remaining 70% will be the basis of your settlement. That is, you will receive a sum of $35,000 from the other party.
However, if 51% and above of the fault accrues to you, don’t expect a car accident compensation anymore.
Should in case you are wondering how you can equally be at fault, let me give you a simple scenario:
You were driving on cool and there was a head on collision because the oncoming driver swerved to your lane. Of course, the other party is guilty but if during an investigation, they discover you were speeding beyond the approved limit, you will also share in the fault percentage. The belief is that you could have seen the oncoming vehicle and could have averted the accident if you were not speeding.
What a Car Accident Attorney will do for You
Simply, your attorney is an expert who will professionally take charge of your case and make sure the at-fault party compensates you for your loss. An attorney will investigate properly by ensuring they look at the police report, statement from witnesses, and other evidence from you.
In addition, an attorney will determine the extent of your damages. They will estimate the amount you’ve spent on medication and other medical services in the course of your treatment. Also, an attorney will add up other losses which may include amount of property repairs, lost wages etc.
Once they have taken care of the above, they will send a letter of request for compensation to the insurance company of the at-fault party. Also, they will attach copies of the evidence gathered to substantiate the amount requested.
After that, and as expected, negotiation will commence between the insurance company and your attorney. If you and the insurer agree on a negotiated amount, the matter closes. But if not, your attorney will proceed to filing a lawsuit on your behalf.
Let’s Wrap Up
Car accidents happen unexpectedly but your response matters. The compensation you receive depends on the extent of your loss and how well you articulate it. In detail, this post has answered your question, “what is the average settlement for a car accident in Indiana?” And by now, you know exactly what to do if you want a fair judgment on your case.