The Short Answer
If you’ve been injured in a fall, car collision, or another type of accident, you may be entitled to economic and non-economic damages. These types of compensation are also known as special and general damages. They’re designed to reimburse you for out-of-pocket expenses, lost wages, and emotional injuries.
Key Takeaways
- Plaintiffs can request compensation for economic and non-economic damages in personal injury lawsuits.
- Economic damages cover things like medical bills, property damage, home modifications, and lost income.
- Non-economic damages reimburse you for pain and suffering, emotional trauma, and loss of enjoyment of life.
- Consulting an attorney is typically the best way to determine what damages are available in a personal injury case.
Table of Contents
- What Are Special Damages in a Personal Injury Case?
- What Are General Damages in a Personal Injury Case?
- How Are Damages Calculated in Personal Injury Cases?
- Methods for Calculating Non-Economic Damages
- Modified Comparative Fault in Indiana
- Is Emotional Distress a Personal Injury?
- FAQs About Personal Injury Damages
- Contact The Ken Nunn Law Office for Help With Your Personal Injury Case
- Related Articles & Info
What Are Special Damages in a Personal Injury Case?
Special damages, also called economic damages, compensate you for measurable financial losses. You must provide documentation to prove these expenses. Your accident attorney can also use these documents to value the future impact of the injury. Economic damages in personal injury cases cover things like out-of-pocket medical bills, vehicle repair costs, and lost income due to time away from work. Common types of damages in personal injury cases include:
- Past, present, and future medical expenses.
- Past, present, and future lost wages.
- Ongoing personal care and/or medical care.
- Property damage to your home, vehicle, or personal belongings.
- Over-the-counter medications and medical supplies.
- Travel expenses and home or vehicle modifications.
- Loss of earning capacity until retirement age.
- Cremation, funeral, and/or burial expenses if the accident resulted in death.
What Are General Damages in a Personal Injury Case?
General damages reimburse you for non-economic losses that have a subjective value. These damages can compensate you for physical pain, emotional suffering, and mental anguish due to the accident and subsequent injuries. Below are some of the losses that could be accounted for.
- Scarring
- Disfigurement
- Permanent disability
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Loss of companionship, support, and love (in the case of death)
- Restrictions in your day-to-day life
- Mental disturbances (e.g., trouble sleeping, overwhelming phobias or anxiety, panic attacks, depression, etc.)
- Impact on your relationships with others
How Are Damages Calculated in Personal Injury Cases?
Pain and suffering cannot be reduced to a simple formula or calculated by looking at bills and invoices. Two people can suffer the same exact injury because of a car accident with similar circumstances, but suffer in different ways and to different degrees. Here are a few things our attorneys look at when determining the amount of damages in personal injury cases.
- The severity of injury and any disabilities
- Medical records and treatment history
- Financial expenses, such as medical bills and lost wages
- Duration of recovery or permanence of disability
- Comparative fault, if the plaintiff is partly responsible
- The defendant’s insurance policy limits
- Witness statements and documentation
- Personal accounts of the injury
Related: Learn more about how pain and suffering may be valued after a wreck by reading our blog, How Is Pain and Suffering Valued After a Car Accident in Indianapolis?
Methods for Calculating Non-Economic Damages
There are 2 primary methods that personal injury attorneys use to calculate non-economic damages in personal injury cases. Here’s how they work.
The Multiplier Method
With the multiplier method, the person is given a tiered rating between 1.5 and 5 based on the impact of the injuries. This number is multiplied by the total value of economic damages in the personal injury case.
Example: With a multiplier of 3 and $50,000 in economic damages, the person could claim $150,000 in general damages.
The Per Diem Method
While not favored by all courts, the per diem method offers a relatively simple way to value a person’s non-economic losses. First, the person is assigned a daily value for their pain and suffering that’s based on their average daily wage and the impact of the injury. This number is then multiplied by the number of days until they reach maximum medical improvement.
Example: With a per diem loss of $250 per day and a 6-month recovery time, the person could claim $45,000 in non-economic damages.
Modified Comparative Fault in Indiana
Indiana and over half of all states follow the legal doctrine of modified comparative fault. This means that you may be barred from pursuing damages for personal injuries if you’re more than 50% responsible for the accident. If you’re less than 51% responsible for causing the accident, such as failing to pay attention before you fell, you can still recover damages, but they’ll be reduced by your percentage of responsibility.
Example: If you experienced $100,000 in damages but were found to be 40% responsible, you would recover $60,000 in compensation.
Is Emotional Distress a Personal Injury?
Yes, claims for emotional distress can be included in a personal injury lawsuit. Motor vehicle accidents, defective products, and slip and falls can cause physical and emotional trauma. Compensation is available for psychological harm, but you’ll typically need a formal diagnosis or statement from a mental health professional. Here are a few examples.
- Anxiety
- Depression
- Fear
- Humiliation
- Insomnia or nightmares
- Post-traumatic stress disorder (PTSD)
- Fear of dying
- Trauma or guilt from witnessing traumatic events
FAQs About Personal Injury Damages
Pending personal injury claims can affect your bankruptcy case significantly. First, you must disclose the pending case if you file for bankruptcy protection. If you recover personal injury damages or an insurance settlement, all or part of that money could be used to repay your creditors. Indiana does have bankruptcy exemptions that may allow you to keep part of your settlement. Speak with an attorney to determine how these rules may affect your right to compensation.
Filing for divorce can affect your injury claim depending on when the injury occurred and the type of personal injury damages awarded. If the injury occurred during your marriage, damages for medical bills and lost wages may be considered marital property. Compensation for pain and suffering or personal losses typically only belongs to one person. Talk to an injury attorney to determine how a pending divorce may affect your rights.
Yes, cities like Indianapolis and Bloomington can be sued if they caused your injury, but there are shorter deadlines and different filing procedures. The government may be responsible for injuries that occur in government buildings or involve public transportation or municipal vehicles.
Contact The Ken Nunn Law Office for Help With Your Personal Injury Case
Because each personal injury case is different and each accident is unique, calculating damages cannot be simplified by a standard equation. Our Indiana lawyers have years of experience handling personal injury cases and calculating damages to ensure that our clients receive fair compensation. Put our experience, skills, and training to work for you. Contact The Ken Nunn Law Office in Bloomington or Indianapolis for a free legal consultation.
