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Compensation in Indiana injury cases amounts to more than just money for your medical expenses. Many individuals are also entitled to what are known as “pain and suffering” damages in their injury claims.
The issue is determining how much you can recover for the losses caused by your pain and suffering. These damages cannot be added up like normal financial losses because they account for the subjective impact your injuries have had. From living with chronic pain to bouts of depression caused by your injuries, there are several ways to argue that you deserve compensation for what you have had to live with even after your injuries have healed. Our team has spent years evaluating these damages and knows what evidence supports your claims of pain and suffering.
For a free review of your case with our Indiana personal injury lawyers, call Wruck Paupore today at (219) 322-1166.
In Indiana, compensation for personal injury claims can include damages for pain and suffering. Unlike economic damages that cover medical bills and lost wages, pain and suffering damages are non-economic and compensate for the physical discomfort and emotional distress the victim endures as a result of their injuries. While these damages can be difficult to calculate, our Indianapolis personal injury lawyers can help you get the most for your suffering. When it comes to determining the amount of compensation awarded for pain and suffering in Indiana, several factors are taken into account:
For instance, the severity of the injuries sustained in the accident is a significant factor. Generally, more severe injuries result in higher pain and suffering awards because of the increased physical discomfort and longer recovery periods. For example, a victim who has sustained a broken bone will likely receive a more substantial compensation award than one who has only received minor cuts and bruises.
The impact of the injuries on your quality of life is also considered. If the injuries significantly impact your ability to enjoy life or perform daily activities, this can lead to higher compensation. For example, if the victim can no longer participate in their favorite hobbies or sports, this can lead to a higher award for pain and suffering.
The duration of your pain and suffering is also a crucial factor. Chronic or long-lasting injuries tend to result in higher awards than those from which the victim can quickly recover. For instance, a victim who experiences chronic pain and discomfort for months after the accident is likely to receive a higher compensation award than one who only experiences minor pain for a few days.
Finally, the psychological effects stemming from the injury also factor into pain and suffering damages. Emotional distress, anxiety, depression, and other psychological effects can lead to a higher compensation for those affected. For example, if the victim experiences severe anxiety or depression as a result of the accident, this can lead to more money for pain and suffering.
A “cap” is a legal limit on the amount of compensation that can be awarded for certain types of damages. In Indiana, while economic damages such as medical expenses and lost wages are generally not capped, non-economic damages like pain and suffering might be subject to limits under certain circumstances. Indiana has implemented caps on pain and suffering damages in the following types of claims:
The state has established a total cap on the amount that can be recovered from all defendants in a medical malpractice action.
As of this writing, under I.C. § 34-18-14-3(b)(3), the damage cap is set at $1,800,000 for acts of malpractice occurring after June 30, 2019. This cap includes both economic and non-economic damages, meaning it covers medical costs, lost income, pain and suffering, and any other forms of damages combined.
Another area where Indiana limits damages, including those for pain and suffering, involves claims against government entities or employees. When suing a governmental body or public employee, the amount of damages a plaintiff can recover is capped.
Under I.C. § 34-13-3-4, claims filed after 2017 are capped at $700,000 per person per occurrence. The law also limits recovery to $5,000,000 for an incident involving multiple injured individuals or deaths.
There is no precise formula for calculating pain and suffering in Indiana. Instead, the determination often involves one or a combination of methods. The following are the most common techniques used to determine the amount of pain and suffering damages awarded:
The multiplier method is a widely recognized approach for calculating pain and suffering damages in personal injury cases. This method begins with the total of the claimant’s economic damages, such as medical bills and lost wages, and multiplies this figure by a number, or “multiplier,” to estimate pain and suffering damages.
The multiplier typically ranges from 1.5 to 5, with the specific number reflecting the severity of the injury, the expected recovery time, the impact of the injury on the claimant’s lifestyle, and other factors related to the case’s particulars. More severe and life-altering injuries warrant a higher multiplier.
While not officially prescribed by law, the Multiplier Method is a technique commonly used by attorneys and insurance companies within the state to negotiate settlements. Its simplicity and flexibility make it a popular choice, though the subjective selection of the appropriate multiplier can vary significantly from case to case.
Although commonly referred to, we do not believe the “multiplier” method is typically helpful and it is not how we typically evaluate damages for our own clients.
The per diem method offers an alternative approach. It assigns a daily rate to the claimant’s pain and suffering and multiplies this rate by the number of days the claimant has been or is expected to be affected by their injuries.
“Per diem” is Latin for “per day,” and the idea here is to demand a certain dollar amount for every day you have lived with the pain caused by your injury. The daily rate can be based on a tangible benchmark, such as the claimant’s daily earnings, arguing that the pain and suffering experienced is at least worth a day’s labor.
Like the multiplier method, legal requirements do not explicitly demand the per diem approach. However, it provides a more granular approach that can be persuasive in negotiations or trials, especially for injuries with a clear recovery timeline. Its effectiveness lies in its ability to break down the abstract concept of pain and suffering into a daily, more comprehensible impact.
Contact Wruck Paupore at (219) 322-1166 for a free case assessment with our South Bend, IN personal injury attorneys.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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Wruck Paupore P.C.
Injury Lawyers
275 Joliet St. Suite #250
Dyer, IN 46311
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