Am I Limited in the Amount I Can Recover?
Indiana law establishes the amount of damages that a person can recover in any jury trial in Indiana from a business or individual who negligently caused his or her injuries.
But, of course, you can recover a settlement for your slip and fall injury in any amount the parties decide upon -- and most cases do settle out-of-court.
You are not limited to just out-of-pocket expenses (normally called "economic" damages).
There are two types of damages that can be recovered under Indiana law: "economic" damages such as medical bills, lost wages, property damages, trips to the doctor and the like; and "non-economic" damages such as mental anguish, pain and suffering, and the loss of quality of life.
While economic damages can be relatively easy to calculate and recover (but see the Stanley v. Walker case for an explanation of differing opinions about the value of medical services rendered), it is in the "non-economic" damages that big verdicts are won. And Shaw Law Offices has won plenty of big verdicts through the years. Our track record is difficult to beat for large law firms, let alone the smaller, more intimate office that we currently operate.
Those non-economic damages can be very difficult to quantify. In fact, a Judge will tell a jury that the non-economic damages in any verdict must be done reasonably -- but are not required to be a strict mathematical calculation.
So, how does Shaw Law Offices help you recover pain and suffering damages in any lawsuit?
The first thing we do is gather evidence.
Related and relevant evidence needs to be preserved and gathered to prove those damages. One thing is clear: the more evidence you are able to gather to support your claim, the better your chances to recover adequate compensation.
Types of evidence that are most effective in proving pain and suffering damages after a slip and fall can include:
- Photographs (and videos) of you and your injuries both before and after the accident;
- Personal diaries or journals describing your experiences;
- Testimony from family or friends or co-workers that persuasively explains your hardships, i.e. friends and family explaining how the personal injury has negatively impacted your life;
- Proof of physical and mental health treatments.
- The value of pain and suffering damages is difficult to define because these damages are not entirely calculable like medical bills, invoices, billing statements, receipts and other items with a hard mathematical number attached to it.
Pain and suffering damages are usually determined based upon common sense of the jury -- taking into account how the slip and fall happened and why it happened. It also takes into account the nature and extent of your injury: was it permanent? did it leave a scar? will you require future medical care? will the injury result in further limitations? will it cause pain on a daily basis?
How Long Do I Have to File?
Indiana torts (personal injuries) give an injured person only two years to file a lawsuit.
Many people are afraid to file a lawsuit.
They think it is a form of "causing trouble" so they learn to live with their pain. Then later, they discover they can no longer live the life-changing effects of the slip and fall (or other) injury and contact a lawyer -- only to find out it's too late to pursue the claim because it's been more than 2 years since the date of the injury-causing occurrence.
You don't have to file a lawsuit to recover compensation. In fact, statistics show that most people settle their claim with an insurance company without filing a lawsuit. But, failure to file the lawsuit within 2 years bars and estops (prevents/ends) your ability to seek compensation later.
The best thing to do is see an attorney right away. Let the attorney handle the claims process.
We've found that when it comes to slip and falls, the best thing to do is to file a lawsuit as quickly as possible.
That's because 99.9% of all slip and falls are denied by the insurance company for the landowner anyway. Trying to settle an "un-settle-able" case for nearly 2 years and then filing a lawsuit just delays matters.
And like the famous saying by Supreme Court Justice Oliver Wendell Holmes said, "Justice delayed is justice denied."
Hire Shaw Law Offices today.
We Get You Back on Your Feet.