Noblesville Catastrophic Accidents Lawyer
A catastrophic injury gets its legal definition in Title 35 of the Indiana code, which defines it as an injury that is “so severe that a person's ability to live independently is significantly impaired for a period of at least one year.” An injury of this magnitude will likely be accompanied by a significant loss in quality of life, along with financial damages.
What makes these specific cases unique–and what a Noblesville catastrophic accidents lawyer must know–is how to get a proper assessment of the financial damages required to create a fair settlement.
Dollard Evans Whalin serves clients throughout the state of Indiana from our Noblesville office. We give everyone who comes through our doors good communication, meticulous legal work, and determined advocacy with insurance companies and the courts. Call today at (317) 854-5877 or contact us online to set up a free consultation.
What Makes a Fair Catastrophic Injury Settlement?
An attorney that gets their client to the settlement stage has presumably established that the defendant was negligent in causing the injuries–meaning that the defendant breached a duty of care that was owed to the client and that this breach is the reason for the injuries. The final step is to determine the scope of the financial damages.
Catastrophic injuries have financial consequences that will reach far into the future. Getting to a fair number involves more than adding up hospital bills, some rehab, and lost time at work. A catastrophic injury often alters the entire trajectory of the injured person’s life.
The Noblesville catastrophic accident attorney must be farsighted enough to consider the following:
- Home Renovations: An injured person may no longer have the ability to use the stairs. This means refitting the home with rampways. The home itself may no longer be suitable for a person with physical disabilities. Even if the disabilities aren’t permanent, the impact of a catastrophic injury is often long-lasting enough to require serious changes in housing. Whether that’s renovation or replacement, the costs will be substantial.
- The Impact on a Career: A catastrophic injury means that a person may not be able to return to work. If someone does a physical job, there’s a good chance they may need to choose another line of work entirely. Even someone that can eventually return to their job has been put substantially behind in their efforts to advance. Settlement amounts have to cover everything from job retraining to lost opportunities. Expert witness testimony from someone in a person’s chosen field may be necessary to give the court an accurate read on what this figure should be.
- Pain & Suffering: The intangible impact the injury has on a person's life is a factor in any personal injury case, but the effects are more pronounced with catastrophic injuries. A person may have well lost their ability to do certain hobbies and activities–perhaps permanently. This pain extends to loved ones who shared in those activities. Mental trauma may have resulted from the accident. The costs of therapy can be calculated and included in a settlement.
Each detail in a catastrophic injury case can add up to substantial amounts of money that clients need to rebuild their lives. Dollard Evans Whalin fights hard for every detail and every dollar. Call the office at (317) 854-5877 or contact us online to set up a free consultation.
How Are Pain & Suffering Damages Calculated in Indiana?
Mental anguish is something that is extremely difficult to put a number on. No amount of money can truly replace all that an injured person has lost. But a court must at least try to come up with a fair figure. The state of Indiana uses a “multiplier” formula. That is, the court will take the concrete financial damages–what is added up for medical, rehab, and career loss–and then multiply that by a number ranging from 1.5 to 5.
Therefore, a Noblesville catastrophic accident attorney must first ensure that the concrete financial settlements are fair since that will serve as the basis for the non-financial damages. Then a fair multiplier must be identified. Thousands–in some cases–millions–of dollars depend on getting these numbers right.
Dollard Evans Whalin is committed to doing the diligent legwork that’s necessary to get a fair settlement. Our client’s futures depend on it. We can’t make up for all that they’ve lost, but we can sure work hard to get them the kind of settlement they need to begin their lives anew.
Call our Noblesville office today at (317) 854-5877 or contact us online to set up a free consultation.
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