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.

The 3 Possible Responses of an Insurance Adjuster in the Injury Claim Process

Posted on December 9, 2021 by Admin

During the personal injury claim process, an insurance company will perform a comprehensive investigation to evaluate your total damages and losses. Once this investigation is complete, the insurance adjuster will respond to your demand letter in one of three ways.

Continue reading to learn the 3 possible outcomes when dealing with an insurance adjuster, and more importantly, how to protect your rights to a full and fair settlement in Indiana.

Civil Lawyer Indianapolis Indiana 317-636-7497

Insurance Adjusters are Not Your Friend

When it comes to personal injury claims, it is important to understand that insurance adjusters are not on your side. In fact, insurance companies rigorously train their adjusters in specialized tactics meant to reduce the value of a victim’s claim, and adjusters will utilize every ploy they can to achieve this goal. They will even check social media profiles, speak with witnesses, contact friends and family for character testimony, and much more. They are basically corporate investigators who aim to pay out as little as possible for a personal injury claim.

When speaking with insurance adjusters, it is important to not give up too much information. In fact, you should already be represented by an Indiana personal injury lawyer at this point in the process. A civil litigator can protect you from being taken advantage of during the insurance adjuster interview and negotiation process. Anything can be misconstrued as something valid enough to lower the value of your claim, so it is best to be under the reading of a seasoned attorney before discussing your accident and injuries with an insurance adjuster.

Demand Letters

A demand letter is something that you can send into the insurance company to demonstrate your economic and non-economic damages and losses that occurred as a result of the accident. It is used as a foundation to negotiate compensation for your hospital bills, medical expenses, lost wages, pain, suffering, and more.

Demand letters are quite complex, and critical to the overall negotiation process, which is why it vital to have a skilled Indiana personal injury law firm to arrange one for you. After receiving the demand letter, the insurance company will move forward with a full investigation of your claim. Once the investigation is over, the insurance adjuster assigned to your case will respond in one of three ways:

➀ They will offer the full amount of compensation requested.
➁ They will offer you less money than requested.
➂ They will offer zero compensation and deny your claim entirely.

Was Your Personal Injury Claim Denied?

If your claim is denied by an insurance adjuster because they allege you are the responsible party according to state laws, the first thing you need to do is contact an Indianapolis accident lawyer for help. On your behalf, they will take the necessary steps to negotiate your rights to the full and fair compensation you deserve after being wrongfully injured in an accident. If the insurance company still refuses to offer a fair settlement, they will take your case to trial.

An adjuster is not a lawyer or legal professional; they are simply insurance company employees. This means that they may have a broad idea on the law in regard to their particular job role and the cases they oversee, but they do not have detailed knowledge of the law. They cannot possibly know whether or not you are truly 100% liable for the accident that caused your injuries and losses. For this reason, it is vital to hire an experienced personal injury lawyer to navigate your claim.

Are you looking for a trusted civil litigator to help you recover the compensation you deserve after a wrongful accident? Contact Carl Brizzi LAW at 317-636-7497 and schedule a free case evaluation with a skilled Indianapolis Indiana pedestrian accident lawyer you can trust. Our law firm serves clients all throughout the state of Indiana.

Carl Brizzi Law Indianapolis Indiana 317-636-7497

How to File Suit Against Someone Who Has Wrongly Injured You

Posted on October 27, 2021 by Admin

After being seriously injured because someone else caused you harm, you deserve to be supported financially through your recovery. Your first step to obtaining compensation for your damages and losses is to file suit against the person who has wrongly injured you.

Continue below for a step-by-step introduction on how to get started with a personal injury claim in Indiana, beginning with learning your eligibility.

Personal Injury Lawyer Indianapolis Indiana 317-636-7497

Learn Your Eligibility for Filing a Personal Injury Claim

Your first step to filing suit against a party who has caused you damages and losses as a result of an injury is to consult with an Indianapolis personal injury lawyer. They have the experience, knowledge, and resources to accurately assess your case and determine the best course of action for obtaining compensation for your damages.

You may be entitled to a settlement or Social Security verdict. If you were injured on the job, you should be covered by workers’ compensation insurance, unless you are a crew member of a vessel or railroad worker. In these cases, you would have to sue your employer if you are injured on the job.

Once you hire an accident lawyer to represent your personal injury claim, the rest of the process is in their hands. This means you are in good hands and only need to worry about your physical and emotional recovery.

Types of Personal Injury Damages

Damages may include compensatory losses such as hospital bills, medical expenses, lost paychecks, and similar calculable expenses. In some cases, damages might also include non-economical sufferings, such as pain, mental anguish, permanent disfigurement, loss of consortium, loss of ability to earn an income, and so forth. In cases in which the at-fault party was particularly reckless or acted with intent, you may be able to collect punitive damages, which are solely meant to punish the wrongful party for their horrendous actions or inactions.

Choosing a Personal Injury Law Firm in Indiana

There are thousands of personal injury lawyers to choose from in Indiana. But it is important to understand that not all law firms are alike. Some have more experience than others, and some are better well-versed in the type of accident you are filing suit for. Be sure to choose an Indiana civil litigator who has plenty of experience, accolades, and positive client testimonials. When it comes to collecting the maximum settlement for your claim, the right personal injury attorney will make all the difference.

Are you wondering who can represent your personal injury case best in Indiana? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your personal injury claim.

Can I Sue a Restaurant or Manufacturer for Food Poisoning?

Posted on August 18, 2021 by Admin

Imagine going to your favorite restaurant and ordering your usual delicious meal, only to later experience a traumatic fit of food poisoning. Not only would you fall incredibly ill and suffer painfully, but you would likely feel betrayed and let down by the eating establishment. After all, a restaurant’s primary responsibility is to provide a clean and safe meal that tastes good. So, it is no surprise that a food poisoning victim might feel compelled to file an injury claim against a negligent restaurant or food service organization for their pain and suffering, as well as their quantifiable damages, like medical expenses and lost wages.

Continue reading to learn more about pursing legal action against a restaurant that is responsible for causing a serious food borne illness, and how to determine the validity of your food poisoning claim.

Indianapolis IN Food Poisoning Injury Lawyers 317-636-7497

What Causes Food Poisoning?

A person gets food-borne illnesses by ingesting either food or beverage that has been contaminated with bacteria, parasites, virus, or toxins. This is generally a result of poor or improper growing, shipping, or handling of food products. Common types of illnesses contracted in this way include E. Coli, Hepatitis A, Listeria, Salmonella, Botulism, Norovirus, and Campylobacter.

Food borne illnesses like this can cause a person several types of damages, from lost wages at work, to medical bills, and more. So, when a person suffers from this type of illnesses after eating out at a restaurant or another person’s home, you can understand why there is a relative question regarding personal injury claims as well.

Do You Have a Food Poisoning Case?

The severity of the affects largely influences the chances of having a valid personal injury claim for food poisoning. The standard symptoms of eating tainted food include nausea, abdominal cramping, headache, and diarrhea; while more serious cases include symptoms like vomiting, diarrhea, high fever, loss of speech, difficulty breathing or swallowing, dehydration, and in rare cases, even death.

The less serious cases of food borne illness are not likely great candidates for an injury claim since these can be treated with ample fluids and rest. You see, the body will simply eliminate everything and then fluids can be restored. This usually takes around one to three days. More severe cases might involve doctor visits, hospital stays, prescription medication, prolonged rehabilitation, time off work, and more.

Advice for Food Borne Illness Legal Claims

If you or a loved one becomes ill from eating food at a professional establishment or another person’s home, it is important to deal with the health concerns first and foremost. Health and well-being should always be top-priority in a personal injury situation. Seek out professional health care and ask to have the illnesses medically confirmed by means of stool samples and more.

Having this on record is evidence of the incident. Be sure to follow all instructions handed down from medical professionals. Also, it is wise to save the contaminated food for testing, if at all possible. Otherwise, it is recommended to keep a daily journal of the symptoms you experience and everything you feel in detail. This can also be used as evidence in a personal injury case.

Did you or an immediate loved one suffer serious damages and losses as a result of food poisoning from a restaurant or meal delivery service? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your premises liability accident claim. We offer free initial consultations and never collect lawyer fees unless we prevail for you.

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Indiana Laws Regarding Asbestos

Indiana Laws Regarding Asbestos

Posted on June 1, 2021 by Admin

Homes and structures built during the 20^th century might contain a highly hazardous contaminant known as asbestos. If you believe you have been exposed to asbestos, whether as a tenant in a rented home, or an employee of a company making renovations, it is important to seek medical attention right away by a licensed and practicing physician.

Continue reading to learn the states laws and regulations regarding asbestos, including when a victim of asbestos exposure might be entitled to compensation for their damages.

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The Dangers of Asbestos Exposure

Asbestos is a fibrous mineral that was used heavily in 20^th century construction. Because asbestos seemed to retain useful qualities for construction, such as high heat-resistance, strength, and insulating properties, it was often used to build homes, buildings, barns, and more during the early 1900’s. However, after several decades, it became apparent that asbestos exposure was linked to certain health hazards. By the 1970’s, both state and federal government were regulating the application, removal, and disposal of asbestos. By 1990, both asbestos and asbestos-containing material (ACM) were officially banned in most states.

Asbestos exposure is dangerous because, upon inhalation, it has been proven to potentially cause a long list of serious health complications and illnesses, including cancers like mesothelioma and lung cancer, as well as a disease known as asbestosis, which is an irreversible scarring of the lungs, similar to emphysema.

Asbestos is most dangerous when it is disturbed in some way, usually by construction, demolition, or renovation. When this happens, it releases hazardous asbestos fibers into the air, which can be unknowingly inhaled by anyone in the vicinity. Undisturbed asbestos is not considered as dangerous, and in states where it is not banned, structures like popcorn ceilings are often made with asbestos-containing material (ACM).

Asbestos Laws in Indiana

Here in Indiana, there are many laws and regulations that have been enacted by both state and federal governments to protect the general public from the hazards of asbestos. For instance, all buildings (excluding residential ones with no more than 4 dwellings) must be inspected for asbestos by a licensed Indiana inspector before any renovations or constructions can ensue. As for residential homeowners, it is required by state and federal law to properly contain and dispose of asbestos in a manner that will not harm the general public or surrounding environment.

Asbestos Injury Claims

If you believe you or someone you love was unknowingly exposed to dangerous levels of asbestos as a result of someone else’s negligence, and are now suffering from serious health complications, it is wise to speak with a seasoned Indiana personal injury lawyer who can help you devise the best course of action for recovering compensation for your medical bills and more.

Your Leading Indiana Asbestos Lawyers

Would you like to learn more about your asbestos injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your premises liability accident claim.We offer free initial consultations and never collect lawyer fees unless we prevail for you. Schedule your consultation, today.

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Were You Injured After Being Over-Served Alcohol?

Posted on April 26, 2021 by Admin

When it comes to honoring special occasions, it is important to celebrate responsibly, whether hosting a party or going to one. So, if you were injured in an accident after being over-served alcohol as a guest of someone else, or at a bar or restaurant, you may be entitled to certain compensation to cover your medical bills, lost wages, and related damages.

Continue reading to learn how a host of a party can be held legally liable for the actions of their drunken guests, as well as, where to learn more about your potential personal injury case.

Personal Injury Law Firm Indianapolis Indiana 317-636-7497 — Civil Litigators Indianapolis Indiana 317-636-7497

Social Hosting and Liability

Informally known as “social host liability”, those who host parties might be held responsible for the actions of their drunken guests under law. Whether a guest got in a car accident, suffered alcohol poisoning, or was a minor, all after being served too much, the provider of the alcohol could face legal repercussions, both civilly and criminally, depending on the state and the circumstances of the case.

You see, these social host liability laws differ from state to state. There are some states do not have any laws regarding social host liability at all, so in the case of an accident, the host of the party would not be held liable for any damages that occurred as a result of their guest’s intoxication. Some states do have laws, but the laws do not hold hosts liable. Others have laws that specify detailed circumstances in which a host would be liable.

States like California and New York, for instance, have laws the protect social hosts from any liability, stating that the legal cause of damages is alcohol consuming, not providing. Then there are states like New Jersey that give victims of drunk driving accidents legal recourse to recover damages from a social host under certain circumstances, such as the host gave a visibly intoxicated guest more alcohol that created an “unreasonable risk of foreseeable harm”.

For states like North Carolina, no laws exist regarding social host liability, therefore, hosts cannot be sued for damages incurred by guests that became inebriated at their party. However, negligence laws do still apply, which means victims could still have another legal recourse to collect compensation for their damages. In this case, the victim would have to prove negligence by showing that the host failed to act reasonably, as the average person would, by giving the guest alcohol, and that providing the alcohol was the direct cause “of the victim’s damages.

Dram Shop Laws

When an establishment is negligent in over-serving their guests or patron’s alcohol, they can be held legally responsible under Dram Shop Laws. Most states have Dram Shop laws, which are intended to give victims an opportunity to sue for damages.

Indiana and Social Host Liability

Here in Indiana, social host laws are outlined in Indiana Code 7.1-5-7-8. These laws do not directly pertain to adult guests. Instead, Indiana social host liability laws govern serving alcohol to minors. Not only is it a crime under state and federal law, but the hosts can also face a civil lawsuit brought on by the guardians of the minor.

For adults who are over-served at a party, there are still laws that protect victims, such as negligence laws, dram shop laws, and premise liability laws. According to Indianapolis Defense Lawyer Jack Crawford, “Some folks think, ‘hey, you came to my party. I wasn’t charging you drinks, you were helping yourself out in the kitchen I don’t know what kind of condition you are, so I don’t have any legal responsibility.’ That’s not true. (….) If that person leaves your party in a visibly intoxicated state, stumbling and slurring their speech and you know they’re the driver, if they get involved in a traffic accident and injure someone or cause property damage, or even worse cause someone’s death, then the family of the victim can come against your homeowner’s insurance policy,”

Would you like to learn more about your Indianapolis personal injury case? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation with our licensed Indianapolis Indiana accident injury attorneys who can determine the best strategies for your pedestrian accident claim.

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Can I Sue For Invasion of Privacy?

Posted on April 12, 2021 by Admin

Your privacy is an inherent right that does not have to be earned or granted. For this reason, it is not okay for a person’s personal information to be revealed to the public in an offensive or embarrassing way. Because of the ongoing growth of online technology, social media platforms, and media, it is easier than it has ever been before to infringe on a person’s privacy. Aside from the internet and media, conduct can also invade a person’s right to privacy. It is important to understand invasion of privacy laws, including how to affirm your rights if you or a loved one ever becomes a victim to such violation. This especially important since these laws vary greatly from state to state.

Continue reading to learn a brief explanation of the four most common types of invasion of privacy claims, and what you can do if you believe your rights have been violated.

Civil Litigators Indianapolis Indiana 317-636-7497

Four Types of Invasion of Privacy Claims

❶ False Light

A person has the right to not have their personal information revealed to the public in a deceptive or misleading way that portrays them in a “false light.” A false light cause of action is different from defamation because the information is true. For example, a neighborhood newsletter prints an article highlighting an admired local business owner, but places it right next to a large picture of a fugitive child abductor in a way that makes the business owner look like the profiled criminal, and as a result, his business and personal life suffer.

❷ Public Disclosure of Private Facts

A person has the right to confidentiality over the specifics of their private life. A victim may have an invasion of privacy claim under if they reveal a secret about their private life to someone, and then that person discloses the secret to the public. Unfortunately, not all states recognize this type of cause of action, such as New York and Los Angeles. For example, a person reveals their sexuality to their boss, and then their boss publicly reveals it to the rest of the office or company.

❸ Intrusion of Solitude

Intrusion of solitude describes a person’s right to not have their visible or physical privacy infringed or violated. This is most commonly seen in cases of stalkers, bullies, harassers, peeping toms (voyeurs), and intimidators. It is also common when someone snoops through another person’s private documents. For instance, a person learns that their neighbor has been secretly taking unflattering or undressed photographs of you and uploading them to his public website.

❹ Appropriation of Name or Likeness

To have a valid claim for appropriation of name or likeness cause of action, a person must use your name or image as their own, without permission, for the purpose of benefiting in some way, whether commercially or non-commercially. This can include a person’s picture, portrait, voice, signature, or name. For example, a person uses a cancer patient’s picture and name to create a “Go-Fund-Me” page and earn money.

If you are concerned that your privacy has been violated in a manner that has negatively affected your reputation or character, it is important to discuss your questions with an experienced Indianapolis Indiana personal injury lawyer who can help you determine the best course of action for your losses and damages. Contact Carl Brizzi LAW at 317-636-7497 to schedule a free consultation and learn your eligibility for pursing legal action, today.