As a careful driver, it can feel more than unfair when another driver crashes into you. It’s likely that you are going through a lot of pain because of accident-related injuries. And maybe you have yet to make it back to work because of the pain you feel.
Whether you only take care of yourself or have family members who rely on you, medical expenses can cause stress on top of the physical pain. But there are ways you can try to recover damages to pay for medical bills, wage loss and the emotional suffering. As you file for compensation, you’ll want to be mindful of the deadlines, damage limits and distribution of fault can affect your award.
Deadlines for filing
As you begin the recovery process, it’s worth noting that you don’t have an unlimited amount of time. If you want file a lawsuit against the other driver, you’ll have to do so within two years.
Caps on damages
When seeking damages that are economic or non-economic, there aren’t strict limits on how much you are able to recover. But, if you are planning to file for punitive damages, you should be mindful that this form of compensation is limited. Basically, you will only be able to collect up to $50,000 or three times the amount of other compensatory damages you are eligible to receive.
Contribution of fault
Since Indiana has a modified comparative negligence rule, anyone who is more than 50% at fault in a car accident can’t file for damages. If you are less than 50% at fault, but still contributed to the accident somewhat, then a judge may reduce your reward based on your percentage of fault. For example, if you were seeking $20,000 in damages and the judge decided that 20% of the accident was your fault, then you might only receive $16,000.
So many of the actions you must take to receive compensation trace back to specific statutes and case law. That is why it is much easier to pursue a rightful recovery with the help of an experienced injury attorney.