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.

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.

Carl Brizzi Law Indianapolis Indiana 317-636-7497

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.

Child Injury Lawyer Indianapolis Indiana 317-636-7497

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.

You Might Also Enjoy:

Do I Have a Case?
Do I Need A Personal Injury Attorney?
Why Social Networking is Damaging to Personal Injury Claims

Basic Lawsuit Terms and Definitions for Personal Injury Cases

Posted on September 28, 2021 by Admin

Every personal injury lawsuit is different. However, all cases will involve some basic legal terminology and procedures. Whether you are injured in a car crash or slip and fall accident, understanding some classic personal injury and courtroom terms will help you better understand your rights to being compensated for your damages and losses as a wrongfully injured victim.

Continue reading to familiarize yourself with the basic terms and definitions you’ll likely hear during the process of your personal injury case.

Personal Injury Law Firm Indianapolis 317-636-7497

Personal Injury Glossary Terms

Tort

A tort is an act that is wrongful, but neither criminal nor deriving from a contractual agreement. Tort cases are adjudicated in civil court, not criminal court. However, some torts can also be penalized as criminal offenses if they are intentional. An intentional tort is a wrongful act that was done knowingly and on purpose. Anyone guilty of an intentional tort can be penalized in both civil and criminal court.

Example of torts include drunk driving accidents, wrongful deaths, medical malpractice, product defects, dog bites, and negligent supervision. Victims who are wrongfully injured or damaged by torts may seek damages in a personal injury lawsuit.

Negligence

Negligence is the central factor in all personal injury cases. Negligence can be intentional or unintentional, as well as an action or inaction. Failing to act with reasonable care or behaving carelessly or recklessly are basic acts of negligence in personal injury cases. In order to be successful in a personal injury lawsuit, the plaintiff party holds the burden of proving negligence.

Here in Indiana, state law recognizes modified comparative negligence. This means that an injured victim or plaintiff party can collect compensation from an at-fault party/parties so long as they are less than 50% responsible for the accident.

Burden of Proof

The plaintiff party holds the burden of proof, meaning they are responsible for proving negligence on behalf of the at fault party, whether that be a company, government sector, or individual person. In order to prove negligence, the plaintiff party must demonstrate 4 things:

➀ The opposing party had a legal duty of care to the plaintiff party.
➁ The opposing party violated or breached their legal duty of care.
➂ The opposing party’s violation was a direct cause of the victim’s damages.
➃ The victim’s damages are real and tangible.

Statute of Limitations

The statute of limitations are the time restrictions set by the state in which a plaintiff can bring about a personal injury lawsuit against an at-fault party. Once these time limits have passed, and injured victim is no longer eligible to pursue legal action against the party who caused their injuries in subsequent damages. Most personal injury statutes of limitations are two years from the date of the accident or incident, but other types of personal injury cases may have shorter or longer time restrictions.

Plaintiff

The person or group of people who file a personal injury claim against another party is known as the plaintiff or plaintiff party.

Defendant

The person, group of people, company, or government sector being sued by a wrongfully injured victim is the defendant in a personal injury case.

Complaint

A complaint is the filing and initiation of a personal injury lawsuit. Filing a complaint is essentially a plaintiff’s means of expressing their grievances to the courts. Complaints must be filed with the proper court.

Answer

Following the filing of a complaint, the defendant must provide a formal answer expressing their position regarding the allegations decreed in the personal injury complaint.

Damages

Damages are the economic and non-economic losses experienced by the injured victim and or their surviving families. Economic damages can be quantified, while noneconomic damages are not easily quantifiable. Common personal-injury damages include medical expenses, hospital bills, lost wages from missing time at work, pain-and-suffering, mental anguish, loss of consortium, different levels of disability, and all future and foreseeable losses like prolonged physical therapy, rehabilitation, counseling, and more.

Prayer for Relief

A prayer for relief is included within the plaintiff’s personal-injury complaint. It is basically a phrase to describe how much the plaintiff is asking for in compensation.

You Might Also Read:

Expected Fees and Costs in a Personal Injury Lawsuit
Top 10 Reasons Why You Should Hire an Accident Lawyer
What to Do After A Car Accident That Was Not Your Fault

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.

You Might Also Read:

Do I Have a Case?
Top 10 Reasons Why You Should Hire an Accident Lawyer
Advice For Indianapolis Car Accident Victims

Will My Personal Injury Settlement Be Taxed?

Posted on April 5, 2021 by Admin

When injured victims are awarded compensation in a personal injury claim, it is because the opposing party was responsible for the accident, which directly caused the victim’s injuries and subsequent losses, also known as damages. Examples of personal injury damages include pain and suffering, as well as medical expenses, hospital bills, lost paychecks from time missed at work, and even mental and emotional traumas. In the case that the at-fault party was exceedingly reckless or negligence, or intentionally caused the accident, a victim might be awarded punitive damages, which are meant to punish the responsible party and set an example for the rest of the community.

In all cases of collecting compensation for damages in a personal injury case, a common question that arises has to do with taxes. Many accident victims want to know if they have to pay taxes on their personal injury settlement, and if so, which damages are taxable, and which are not. If you are asking yourself this same question as you prepare to file an injury claim, you will be pleased to know that most of your potential settlement will not be taxed; however, there are some types of awarded damages that will.

Continue below to learn some basic facts about personal injury settlements and taxes, including how to determine your eligibility for pursing legal action against the party who caused your wrongful accident.

Personal Injury Law Firm Indianapolis Indiana 317-636-7497

Personal Injury Settlements and Taxes

It can be confusing understanding which personal injury damages are taxable, and which are not, but the IRS does make the taxable statuses of all personal injury compensation clear. If you have questions, contact your local IRS office, or speak with a trusted Indianapolis injury lawyer.

NOT TAXED:

✤ Pain and Suffering

Many personal injury victims are awarded compensation for the pain and suffering they so wrongly had to experience as a result of their accident. These damages are non-taxable.

✤ Medical Expenses

In a successful personal injury case, accident victims are typically compensated for their medical expenses, such as bills, devices, medications, and therapy. These damages are non-taxable.

TAXED:

✤ Lost Work Wages

Victims can be awarded compensation to make up for the income they lost while recovering from their injuries. These damages are taxable, both state and federal, as well as all other applicable taxes that are generally deducted from paychecks.

✤ Punitive Damages

Courts often punish grossly negligent at-fault parties by awarding accident victim’s punitive damages. Although there are exceptions, these damages are usually taxable.

✤ Interest

In the case that a personal injury case goes to trial, it is possible for the court to add interest to the final judgement, starting from the date of the lawsuit to the date their settlement is paid out. This interest is taxable.

BOTH:

✤ Mental and Emotional Trauma

Depending on the details and circumstances of a victim’s incurred emotional trauma and mental anguish, damages awarded may or may not be taxed. Emotional trauma and mental anguish must originate from the physical injuries suffered from the accident in order to be non-taxable.

Here is an example to help you understand: If a person is seriously maimed in an animal attack accident, and as a result developed severe psychological effects or PTSD, damages awarded would be NON-TAXABLE. Oppositely, if the victim developed PTSD or similar psychological consequences as a result of being shunned or defamed after the accident, such damages would be TAXABLE.

Do you have questions about making a personal injury claim after a serious accident? Contact Carl Brizzi, a lawyer with Lewis And Wilkins LLP (LAW) at 317-636-7497 to schedule a free case evaluation with a skilled and experienced accident attorney in Indianapolis, Indiana. We represent injured persons throughout the State, and offer meetings over the phone or via online conference.

You Might Also Like:

Do I Have a Case?
Top 10 Reasons Why You Should Hire an Accident Lawyer
Expected Fees and Costs in a Personal Injury Lawsuit

Do I Have a Case?

Posted on January 8, 2021 by Carl Brizzi

My name is Carl Brizzi. I am the two-term tough Indianapolis prosecutor who’s personally handled some of the biggest cases in the state’s history. I no longer work as a prosecutor. Instead of pursuing bad guys, I’m putting my talents to work with the law firm, Lewis and Wilkins, LLC, practicing personal injury law and pursuing justice for people who’ve been injured

Throughout my career as a personal injury attorney…the question I am asked most is, “do I have a case?”

And most of the time my answer is, “well, it depends.”

Attorney Carl Brizzi Will Listen to the Details of Your Personal Injury Case, for Free.

We know accidents happen. And, aside from geological, meteorological, zoological, and astrological events, most injuries to people result from some human involvement. However, when a human is involved in causing an injury, the question then becomes whether they are legally responsible for the harm caused.

Ethical, responsible attorneys don’t take every case that walks in the door. Many factors are part of the decision process. For example, if there’s a dispute regarding fault, if someone is seriously injured, then pursuing a legal remedy may be a good idea. Other factors may mitigate against pursuing a legal claim like nature of the injury, gratitude, or compassion.

However, please remember that If you’re involved in an accident that wasn’t your fault and you suffered serious injuries, it’s likely that pursuing a legal remedy may be the only avenue to receive compensation for your personal injuries.

It is possible that after a vehicle accident, the at-fault person’s insurance company may immediately contact you to settle the claim. Exercise caution when dealing with the insurance company. Be careful what you say when speaking with the claim’s adjusters. You may want to consider speaking with us before dealing with the insurance companies.

Insurance policies are complex, and adjusters sometimes use hardball tactics to coerce settlement. Dealing with claims adjusters may leave you frustrated — and you may not receive the compensation to which you’re entitled.

If you’ve been injured, please call us immediately to discuss your options.

Many injury attorneys like me are smart, idealistic, justice seekers. The origin of these motivations go way back to the nineties when I was the Chief Gang Prosecutor for the Marion County Prosecutor’s Office.

I am a personal injury lawyer, but I am also an advisor for potential clients during moments of great stress. I will assist you not only with legal options, but also answer questions regarding emotional stress, impact on relationships and future ability to receive adequate health care.

I receive no payment for these consultations. Call our office today for either a virtual or “in person” appointment. Whatever setting you are most comfortable with.

If you’ve been injured – call us today.

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.