When do You Have the Right to a Catastrophic Injury Claim?
Catastrophic injuries temporarily or permanently transform the way you have to meet your daily needs. These injuries often require attention from specialists and may force you to undergo several surgeries. Even so, if you want to take legal action against a liable party, you must prove that your injuries entitle you to civil action by meeting the state's burden of proof. Indiana's burden of proof requires you to prove that a named party owed you a duty of care at the time of an accident through the use of hard evidence. That evidence must also elaborate on the ways the named party violated that duty of care and caused you marked economic losses. Finding the evidence you need to meet the state's burden of proof while also contending with the aftermath of a catastrophic injury can feel impossible. Fortunately, you have Beech Grove catastrophic injury attorneys on your side. You can work with us to gather the evidence needed to move your case forward without compromising your right to schedule doctor's appointments, attend physical therapy, and get your life back on track.When do You Need to Take a Catastrophic Injury Claim to Civil Court?
Indiana Code section 34-11-2-4 serves as the state's personal injury statute of limitations. This statute of limitations controls how much time after an accident you have to bring your losses to a Court's attention. You must stay on top of your personal injury statute of limitations if you want to take civil action against the party responsible for your catastrophic injury accident. Indiana's personal injury statute of limitations gives survivors like you no more than two years to file a claim. Civil courts will not consider claims filed after a case’s statute of limitations expires. You can discuss your case's statute of limitations when you first meet with an attorney after an accident. Our team can then recommend an investigative timeline that can keep you on top of your statute of limitations while also giving you the space you need to recover.How Can You Prove Your Right to a Catastrophic Injury Claim?
A Beech Grove catastrophic injury attorney can prove your right to a catastrophic injury claim by bringing forward evidence of an offending party's negligence. That evidence can take a variety of forms. If a bystander collects footage of your accident, we can submit both photos and video of your losses to an attending judge. We could also use that bystander’s testimony to outline your right to a case. Police reports, medical assessments of your losses, cell phone data, black box data, and expert witness testimony can all help you demand compensation in civil court. You can count on our attorneys to gather this evidence on your behalf while you focus on getting the care you need to get your life back on track.How Can You Prove Your Right to Catastrophic Injury Damages?
The evidence you gather to prove your right to a catastrophic injury claim can serve two purposes. First and foremost, this evidence proves that someone else's negligence permanently transformed the way you live your life. Second, this evidence can help establish the value of your catastrophic injury case. Catastrophic injuries often entitle survivors to both economic and non-economic damages. Attorneys can base the value of those damages on the losses a person endures in the wake of a catastrophic injury accident. The losses that most often appear in Indiana's catastrophic injury claims can include the following:- Catastrophic injury emergency care
- Long-term treatment, including physical therapy
- Mobility aids and pain management
- At-home care
- Future surgeries
- Property damage
- Lost wages or opportunities for employment
- Emotional distress
- Pain and suffering