If you’ve sustained injuries due to someone else’s negligence, you may be entitled to compensation. However, handling legal matters when you are trying to heal can be complicated.
Personal injury cases aren’t always transparent. By working with an experienced Westfield personal injury lawyer from Wade Law Firm, you can improve your chances of reaching a fair settlement. Contact our legal team for a consultation today.
Compensatory Damages You Can Seek in a Personal Injury Case in Westfield
If the incident that caused your personal injury is someone else’s fault, you can be compensated for several types of damages:
The money you spend treating your injury is subject to full compensation. However, the damages don’t stop there. If you are severely injured, you may need treatment and therapy in the future.
The guilty party may be responsible for covering these medical expenses, even if the treatment lasts for years.
You can be compensated for the loss of income if:
- The injury keeps you from working while you are receiving treatment.
- The injury prevents you from returning to your old place of work.
- The injury doesn’t allow you to work full time or execute the same responsibilities you did before the accident.
The inability to work in the same manner you did before the injury is called “loss of earning capacity.” Proving this usually requires an expert witnesses’ testimony.
Pain and Suffering
If your injury is accompanied by severe pain, you may be entitled to compensation. You can also seek damages if pain and suffering continue after the accident that caused your injury. The suffering can be both physical and mental. For example, many victims can develop anxiety, depression, and PTSD (Posttraumatic Stress Disorder).
Proving ongoing pain and suffering isn’t always easy. Some symptoms don’t even occur until days after the accident. If you’d like to improve your chances of getting this type of compensation, you may want to consider working with a personal injury lawyer in Westfield.
Loss of Quality of Life
If you’ve suffered severe injuries that led to a permanent mental or physical disability, you could seek damages for the “loss of enjoyment.”
In case a personal injury keeps you from enjoying the same activities you did before the accident, your quality of life may decrease. After proving the loss of enjoyment, you may be entitled to a sizable compensation.
If your property was damaged during the accident (e.g. a totaled vehicle), you can seek compensation as part of a personal injury claim.
The negligent defendant should be responsible for covering repairs or replacement of your property.
Loss of Consortium
If your injury had an effect on your relationship with your spouse, you can seek compensation for loss of consortium. Usually, it means that the person is unable to maintain a sexual relationship, help around the house, or provide the necessary support to the partner.
In some cases, these damages may be paid directly to the person, who is suffering the loss of consortium instead of the injured party.
If your loved one died because of a personal injury, you can seek wrongful death damages that include:
- Pre-death medical expenses
- Funeral and burial expenses
- Loss of wages until the deceased person’s retirement
- Loss of companionship and support
In some cases, the decedent’s family may also receive punitive damages if they can prove that the death happened due to the defendant’s heinous behavior.
For a free legal consultation with a personal injury lawyer serving Westfield, call (815) WADE-LAW
How Comparative Negligence Works in Indiana
In Indiana, if you are partially responsible for the incident that resulted in your injury, you can still be compensated. According to Indiana law, the compensation is divided between the negligent parties based on their share of fault. However, if one party is more than 50% responsible for the incident, they can’t recover any damages.
This means that if you are 50% responsible for the incident, you will get 50% of the damage amount. However, if you are 51% responsible, you won’t get anything at all.
The percentage of a person’s fault in an accident is always questionable. That’s why insurance companies work hard to prove that you are more than 51% responsible. Without a personal injury lawyer’s assistance, you may lose your chance of recovering damages.
Westfield Personal Injury Lawyer Near Me 815-923-3529
Why You Need a Westfield Personal Injury Lawyer on Your Side
While you may be entitled to a sizable compensation, you need to prove the defendant’s negligence to get it. Even if your personal injury case appears straightforward, these claims often have unexpected nuances. An experienced personal injury attorney in Westfield can:
- Advise you on your rights
- Investigate your case (on their own or by hiring professional investigators)
- Collect evidence at the accident scene
- Seek the right experts for testimonials
- Speak with the witnesses and collect their testimonies
- Consult you on how to speak to the police and insurance companies
- Handle all the legal paperwork
- Negotiate with insurance companies
- Request medical reports when necessary
- File a lawsuit
- Represent you in court if necessary
When you are recovering from an injury, handling legal issues can be frustrating, especially if you don’t have experience.
The negligent defendant and insurance companies are likely to hire attorneys to minimize the settlement amount. Dealing with them without legal representation is tough, stressful, and frustrating.
Contact a Personal Injury Lawyer in Westfield Today
If you’ve suffered an injury due to someone’s negligence in Westfield, you can seek damages. While you aren’t obligated to hire a Westfield personal injury attorney, working with an experienced personal injury lawyer increases your chances of getting fair compensation.
From handling paperwork to negotiating with insurance companies, an attorney handles all the complex legal tasks, allowing you to focus on your treatment. And at Wade Law, we’ve helped hundreds of personal injury victims in Westfield and beyond. Our attorneys work hard to maximize settlement amounts and minimize frustration for our clients, so contact us to discuss your options today.