What are Damage Caps in a Personal Injury Case?

Posted on December 21, 2021 by Admin

In each state, there are specific statutes that govern the limits of compensation that may be awarded for damages in a personal injury claim. Continue reading to learn more about personal injury damages, including facts about damage caps and similar limitations on personal injury recompense.

Personal Injury Settlement Lawyer Indiana 317-636-7497

Compensation Limitations for Personal Injury Claims

State laws and various other legal principles have the ability to restrict the amount of money that can be awarded for damages in a personal injury case. These statutes vary from state to state and depend on a wide range of factors. Personal injury claims generally recognize and consider three types of losses, referred to as “compensatory damages”, which include economic losses, future economic losses, and non-economic losses. See our blog, “A Brief Explanation of Compensatory, Nominal, and Punitive Damages” to learn more about these types of personal injury damages.

Economic losses may include medical expenses, hospital bills, OTC medication costs, prescription costs, lost wages, time off work, childcare expenses, home maintenance expenses, fuel costs (to and from doctors’ visits), and similar expenditures.

Types of future economic losses may include prolonged medical treatment, physical therapy, long-term care, future medical expenses, future prescription costs, future hospital costs, and more. Non-economic losses may include pain and suffering, permanent disability, permanent disfigurement, mental anguish, PSTD, loss of social life, loss of work abilities, loss of companionship, loss of education experience, and more.

Non-Economic Damage Caps

Generally, state statutes set limits on the amount of money that can be awarded for damages in a personal injury case. These limits are known as “damage caps”, and they differ depending on the state in which the accident took place, type of injury, the scope of loss, and several other relevant factors.

Since economic damages are more concrete, there are not usually compensation limits set by the state. However, non-economic damages and punitive damages are more subjective in terms of evaluation, which is why most states integrate damage caps into the law.

For instance, it is very common practice for states to have a damage cap on medical malpractice cases. Common limits for personal injury cases can range anywhere from $350,000 to $750,000. Although damage caps exist for many personal injury cases, there are exceptions to the rule, such as in the case of wrongful death, loss of limb, and severe injuries.

Punitive Damage Caps

Punitive damages, also known as exemplary damages, are intended to punish the at-fault party, while also setting an example to the public as a deterrent for the particular negligence involved in the case. Generally, the amount of compensation awarded for punitive damages is based on the net worth or wealth of the at-fault party.

However, many states set limits as to how much a tortfeasor can be ordered to pay. These are known as punitive damage caps. States use different formulas and schedules for such caps, including fixed limits, fixed multipliers, and more. For example, a state may set a punitive damage cap at three times the amount of total economic and non-economic damages in a personal injury case.

Are you and injured victim looking for a skilled civil litigator to represent your personal injury case in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned personal injury lawyer in Indianapolis, Indiana. Meet over the phone or in person for a free consultation.

Can a Minor File a Personal injury Claim?

Posted on October 13, 2021 by Admin

Can juveniles under the age of 18 years old bring about a personal injury claim against a party who has caused them injuries and damages? That is the question many families want to know here in the Hoosier state and all across the nation. Continue reading to learn the facts about injured minors and personal injury lawsuits, including who to talk to in Central Indiana for expert advice and legal counsel regarding your child’s recent accident.

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Minors Do Not Have Legal Standing

As an example, imagine that 17-year-old Gregory gets a ride home from school with his friend’s dad. On the way home, his friend’s dad runs a red light and causes a serious car accident that injures Gregory severely. Can Gregory, as a minor, bring about a personal injury lawsuit against his friend’s dad for reckless driving? The answer is, under certain circumstances.

Although minors are just as susceptible to being wrongfully injured in an accident as adults are, they cannot bring about a personal injury claim on their own behalf because they do not have legal standing, even if they are being represented by a competent accident attorney. The exception to this rule would be emancipated minors.

Legal standing refers to intellectual and emotional capacity to sue. The law believes that children under the age of 18 years old do not have such capacity to bring about a lawsuit, regardless of maturity or intelligence. However, there are ways around this in a court of law.

Next Friend or Guardian ad Litem

Minors who are injured wrongfully by another person or entity may bring about a personal injury lawsuit if they successfully asked the court to appoint them a next friend or Guardian ad litem. The term used in civil court varies among jurisdictions, but they both refer to an adult who serves as an injured minor’s lawful representative in a personal injury lawsuit.

The process of requesting a next friend or Guardian ad litem is typically speedy and uncomplicated, only requiring a little bit of paperwork. Once a legal representative is appointed, they can begin the process of filing a personal injury lawsuit on behalf of the minor. The very first step in this process would be to hire a skilled Indianapolis personal injury lawyer.

If the personal injury lawsuit is successful, the compensation does not go directly to the minor. Instead, the legal representative of the minor is responsible for placing the proceeds into a safe investment until the minor turns 18 years old. The placement of the proceeds must also be approved by the court.

Parents of Injured Children

The process of requesting and being granted a next friend or Guardian ad litem is only applicable in cases in which children do not have legal guardians or parents caring after them already. If your child or teenager was recently injured in an accident that was not their fault, you have legal grounds to bring about a personal injury claim on their behalf. Consult with an Indiana personal injury law firm as soon as possible before the statute of limitations runs out on your claim and all evidence is lost to support your case.

Are you looking for a seasoned Indiana accident attorney to represent your child’s injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free initial case evaluation with a civil litigator who specializes in child personal injuries in Indianapolis, Indiana.

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Carl Brizzi Law Indianapolis Indiana 317-636-7497

Choose Carl Brizzi LAW to Represent Your Indiana Injury Claim

Posted on August 4, 2021 by Admin

Indianapolis Indiana Personal Injury Attorneys 317-636-7497

Carl Brizzi LAW is the Right Choice

Here at Carl Brizzi LAW, our highly accomplished, board-certified personal injury lawyers and legal teams retain extensive trial and litigation experience in Indianapolis, Indiana. We are fully equipped with the right knowledge, skills, and resources to recover the maximum settlement for your case. Regardless of the size or scope of a case, we maintain a steadfast, unwavering commitment to advocating for our clients’ rights to compensation. Join the thousands of injured victims in Indianapolis before you and hire Carl Brizzi LAW for expert legal representation that will not let you go home with a small check.

Our Case Results Have Earned Us a Reputation for Success

Whether you were injured in a car accident, assaulted, or sexually harassed at work, our esteemed injury attorneys know exactly how to win the verdict you rightfully deserve for your personal injuries and related damages. Regardless of your personal injury claim case, we have the experience and skills to develop an impactful strategy that will get you results.

There are no upfront costs, retainers, or legal fees that come out of your pocket. We only get paid if you do. Meet over the phone, via video conference, or in person at our Indianapolis office. Schedule a free initial consultation and case evaluation by calling our office at 317-636-7497, today.

Why Choose Our Indianapolis Personal Injury Law Firm?

☑ 100+ Years Combined Experience
☑ Contingency-Fee Payment Model
☑ Free Initial Consultations
☑ Convenient Indy Office Location
☑ Millions of Dollars Recovered
☑ Excellent Case Results & Client Testimonials
☑ Broad Personal Injury Practice Areas

All You Have to Do is Call – We Can Come to You

There is never any requirement to travel in order to learn more about your rights to claim payments against the party that caused you or your loved one harm. You can speak with our Indianapolis IN personal injury attorneys over the phone or via online video conferencing. When you hire us to represent your injury lawsuit, we can often get started the very same day. From there, we work diligently, using every professional resource in our power, to obtain the highest settlement or verdict possible for your claim.

Don’t let the time limit run out on your claim. Get the financial benefits you are owed on behalf of your loved one. For a free case evaluation, contact Carl Brizzi LAW at 317-636-7497 as soon as possible. We serve clients all throughout Indiana.

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Do I Need A Personal Injury Attorney?

Posted on March 12, 2021 by Carl Brizzi

I received a telephone call recently from someone involved in a motor vehicle accident asking whether they needed a personal injury lawyer. This is one of the most common questions asked after an accident. The decision of whether to retain an attorney or proceed on your own is one of the most important decisions you will make.

All personal injury cases are different. They come in a variety of shapes and sizes. While no two cases are exactly alike, these civil claims fall under the category of “personal injury law” and allows for the injured victim to seek compensation from another person for harm caused by negligence or an intentional act.

If you’ve suffered a serious injury that requires a hospital stay, lost time at work, or experienced long-term health effects, it’s best to retain an attorney. Medical treatment is expensive and insurance companies are notoriously known for being uncooperative.

This is especially true if it isn’t exactly clear who’s at fault for the accident. For example, if the accident involved multiple cars or questionable areas like construction zones, then a liability dispute could arise. Or if the details of the police are contradictory, it can be an easy justification for an insurance company to lower your compensation or deny your claim altogether. If any details conflict, it’s best to let a personal injury lawyer champion your claim.

If that’s the situation then your case can become complicated very quickly. Our attorneys at Carl Brizzi Law, can help resolve the issues. If you’ve been involved in a motor vehicle accident call us today for a free consultation.

Has the accident effected your lifestyle? Are you unable to return to your current job or profession? Have you lost income, missed school, or other activities? Under Indian law, you have the right to seek compensation for all of the financial losses associated with and incurred as the result of the accident.

Even if your injuries are not life threatening or long term, the medical costs associated with treatment can be expensive and it’s your right to seek compensation for those expenses.

In addition to these fixed costs, many personal injuries result in emotional trauma, pain and suffering, or loss of companionship. Indiana allows injury victims to seek compensation for these emotional injuries as well

If you were injured in an auto accident, you deserve maximum compensation. We don’t take a fee unless we win. Call Carl Brizzi Law, LLC at 317-636-7497 for a free consultation, today.

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Top 10 Reasons Why You Should Hire an Accident Lawyer

Posted on February 8, 2021 by Admin

As a recent injured victim of a wrongful and serious accident, the path you take toward recovering compensation through a claim is dependent on various factors, including where the accident took place, the extent of your injuries, the number of negligent parties involved, and much more. Yet, whatever path you choose, hiring a personal injury lawyer to represent your accident claim should be a top priority, and your first step toward recovering financially from your damages and losses.

Continue below to learn the top 10 reasons why you need a seasoned litigator following a serious accident.

The Benefits of Hiring a Personal Injury Lawyer for Your Accident Claim

Ultimately, the success of your accident claim outcome will be largely influenced by your decision to hire or not hire legal representation. If you are on the fence as to whether or not you need a construction accident attorney to professionally represent your personal injury claim, it would be wise to review some of the top known benefits and reasons acknowledged by both legal professionals and past construction accident victims.

You should hire a seasoned accident attorney for your personal injury claim because:

⚖ They offer free initial consultations to discuss your case and concerns without any out-of-pocket obligation to you.

⚖ They have a full understanding of the laws surrounding your particular case.

⚖ They know how to specifically approach accident claims and third party claims.

⚖ They will not use confusing industry jargon, and will explain the law and the legal process to you in a language you can understand.

⚖ They work on contingency, meaning they do not get paid unless they can recover a settlement for you.

⚖ They have the resources and long-standing relationships to fully investigate your case and identify liable parties, witnesses, experts, and more.

⚖ They have extensive litigation experience, making them the best choice for protection against aggressive insurance adjusters, stubborn employers, manufacturers, contractors, and other third parties.

⚖ They truly have your best interests in mind, and will do whatever it takes to protect your rights to full and fair compensation.

⚖ They are private counselors, so they dedicate all their time, focus, and efforts into your case until a settlement is reached.

⚖ They have the skills and knowledge to build a strong and impactful claim for maximum compensation.

Be Sure to Choose the Right Law Firm

There are thousands of personal injury law firms to choose from in your area, but they are not all the same. Although these are some reasons why you should hire an accident lawyer, not all lawyers retain these credentials,amenities, and qualities. So, it is important to do your research and find an Indiana Personal Injury Law Firm that truly meets these credentials and more.

An Indiana Accident Attorney You Can Trust to Recover a Full Settlement For Your Injury Claim

Contact Carl Brizzi LAW at 317-636-7497 to speak with a seasoned Indiana accident lawyer about your best options for pursing legal action after being seriously injured or incapacitated as a result of someone else’s negligence. Our experienced civil litigators can obtain the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we recover a settlement or Social Security disability benefits for you. Schedule a free case evaluation, soon, before time runs out on your claim.

How to Get the Max Settlement For Your Indiana Motorcycle Accident Claim

Posted on January 25, 2021 by Admin

After being injured in a serious motorcycle accident in Indiana that was not your fault, you will certainly be subjected to various damages, including medical bills and lost paychecks from time missed at work. For your pain, suffering, and financial losses, you deserve to be fully and fairly compensated. How can you get the maximum settlement for your Indiana motorcycle injury claim? The answer is simple. Choose Carl Brizzi LAW for experienced and dedicated civil litigation after being hurt by another in a motorcycle collision in Indiana.

Continue below to learn why you should choose our Indianapolis personal injury law firm, and how to get started before the statute of limitations runs out on your motorcycle accident claim.

Our Indiana Motorcycle Accident Lawyers Will Obtain a Settlement for You

Here at Carl Brizzi Law, our board certified personal injury attorneys have more than 20 years of litigation and trial experience in Indianapolis, Indiana. We have represented numerous victims of motorcycle accidents, both cyclists and surviving families, and have prevailed in recovering high-dollar case results for them all. As a motorcycle accident victim, you deserve to be fully compensated for your damages and losses, including hospital bills, medical expenses, lost wages, pain and suffering, loss of companionship, disabilities, amputations, permanent scarring or disfigurement, traumatic brain injuries, and much more.

The only obstacle standing in your way is the insurance company you are up against, which wants to pay out as little as possible for accident claims. But our aggressive and skilled motorcycle attorneys have seen all the tactics used by insurance adjusters to lower the value of motorcycle claims, and we know how to put a stop to them all.

The Devotion and Expertise to Protect Your Rights to Recompense

We refuse to back down to the insurance company, and will not settle for any offer less than what you rightfully deserve in order to get your life back to the same quality it was before your accident, or as much as possible. Not only do we ensure to obtain compensation for your past and current losses, but we also make sure that all your future, expected losses are covered too. This includes prolonged physical therapy, metal health recovery, loss of ability to work, and more. For this reason, we navigate every case as our top priority, no matter how minor or major. Our seasoned Indiana motorcycle accident lawyers work around the clock, using every resource in our power to fight the insurance companies, and collect the maximum settlement for our clients. You can trust our motorcycle accident lawyers to operate solely in your best interests, because if you don’t get paid, neither do we.

Did You Lose a Loved One to a Wrongful Motorcycle Accident?

As a surviving spouse, child, or parent of a deceased motorcycle accident victim, we can help you pursue an Indiana wrongful death claim for your losses, including loss of companionship, loss of consortium (intimacy), mental anguish, reduced quality of life, and more. If your minor child is a motorcycle accident victim, you can make a claim on their behalf, or they can make one themselves once they turn 18 years old.

No Need to be Worried About Paying for a Lawyer at Carl Brizzi LAW.

Carl Brizzi Law strongly believes that all innocent victims wrongfully injured by another deserves justice and financial compensation, regardless of social class or income level. For this reason, we built our law firms business model to operate on a contingency-fee basis. This means that you do not have to pay us anything until we obtain a settlement or social security disability benefits for you. There are absolutely no upfront fees, hourly costs, or retainers for our services.

Get Started With a Free Case Evaluation Soon

All you have to do to hire Carl Brizzi Law is contact us. We handle everything else from there. Be sure to schedule your free consultation soon, before the Indiana statute of limitations runs out, and you are no longer eligible to pursue a motorcycle accident claim. Since most motorcycle accident victims are severely hurt, we don’t expect clients to travel for consultations or meetings. We can handle all interactions over the phone, or via video conferencing. If you prefer to meet us in person at our Indianapolis office, we are happy to oblige as well.

To get started, call our office directly at 317-636-7497, or submit an email from our website.

Carl Brizzi LAW Has Officially Launched a Brand New Personal Injury Website

Posted on December 9, 2020 by Admin

A Comprehensive Resource for Indiana Accident Victims

www.carlbrizzilaw.com

Attorney Carl Brizzi and the credentialed legal team at LAW are proud to announce that we have officially unveiled a new website for our Indiana personal injury law office. Those seeking answers to their accident claim and civil litigation questions now have a trusted and easy-to-use resource that connects them to a skilled and experienced personal injury lawyer in Indiana. Continue below to learn more.

What to Expect on Our Personal Injury Website

When you visit our new website, you will be able to instantly identify where to go in order to find the information you are looking for. Simply choose from one of our main website pages at the top of the screen, or continue to scroll down and peruse our firm’s accolades, practice areas, team members, and more. You can even send us an email requesting information about us, without any out-of-pocket obligation.

Why Choose Carl Brizzi LAW

Here at Carl Brizzi LAW, our attorneys and legal teams have extensive, hands-on trial and litigation experience in personal injury law. Our proven track record is something we are very proud of, as our primary goal is to obtain justice for those who are wrongly injured in Indiana. In fact, you can learn more about firm’s critically-acclaimed trial work by viewing our client testimonials and case results on our new website. Also, we will be publishing new blogs every week, providing free personal injury and accident law content, information, facts, and advice.

What We Can Do For You

From car, truck, and motorcycle accidents, to premise liability, wrongful deaths, nursing home abuse, construction accidents, assault, and even traumatic brain injuries, we handle virtually all personal injuries in Indiana. Regardless of the scope or complexity of your personal injury case, our law firm retains the skills, knowledge, and legal resources to develop and impactful case proving your rights to full and fair compensation. We will work around the clock to ensure you recover the maximum settlement or verdict for your damages.

Our Fees are Contingent on the Outcome of Your Case

Because we feel so strongly about accident victims deserving fair and competent legal representation no matter their income or social class, we work all cases on contingency. This means that clients are not required to pay us any lawyer fees upfront, nor do they pay at all unless we recover a settlement or verdict for them. Simply stated, if you do not get paid, neither do we. As a former elected, two-term Marion County prosecutor, you can trust that Carl Brizzi delivers an unparalleled standard of skill and determination for each and every case he represents.

How to Get in Touch With Our Indiana Personal Injury Lawyers

Call our office at 317-636-7497 to schedule your no-cost case evaluation with one of our seasoned accident lawyers, today. Often times, we can get started on your injury claim the very same day you contact us. Let our personal injury lawyers bring you the justice you deserve through astute legal representation and full financial recovery. Although based out of Indianapolis, we serve clients all throughout the state.

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Tag Archives: Accident Lawyers