Indiana’s work accident claims are not the same thing as its workers’ compensation claims. Where the Workers’ Compensation Board in Indiana dictates that most employees in Indiana can receive workers’ compensation, some employers refuse to invest in it. Even if you apply for workers’ compensation, the Board may choose to deny your request.
In that case, you can pursue a work accident claim in civil court. That said, what’s the average settlement for Indiana’s work accident claims? Unfortunately, there’s no set number that represents the average dollar value of a work accident settlement.
Instead, Indiana’s personal injury attorneys need to investigate your accident to determine its possible dollar value. You can turn to Vaughan & Vaughan for help assessing your recent accident and establishing an estimate of a possible case’s value.
Identifying a Work Accident
How do you determine whether or not you have the right to pursue a work accident claim? You need to assess the circumstances that led to a recent loss. For example, did someone forget to put up a warning sign after they spilled water on the plant floor? Did someone improperly install the copy machine and fail to warn anyone about a sparking plug?
You specifically retain the right to take legal action against an offending party when that party:
- Violates the duty of care owed to you, and
- Engages in behavior that could not be reasonably predicted.
You can work with a work accident lawyer in Indiana to determine whether or not your circumstances entitle you to post-accident legal action.
Demanding Compensation for a Work Accident
When an employer refuses to offer you workers’ compensation or when an insurance provider denies your claim, you can pursue compensation for a work accident through Indiana’s civil courts. What’s the average value of a work accident claim, though? The truth is, there’s no pre-established average.
Instead, each case has its own inherent value. It’s an attorney’s job to determine that value while maximizing your right to post-accident compensation. Vaughan & Vaughan does this by assessing the nature of your losses and presenting a civil court with evidence of those losses’ value.
There are two kinds of damages you can request in the wake of a work accident. These include the following:
Work Accident Economic Damages
The economic losses you endured in a work accident can translate to economic damages in civil court. If you want to request compensation for these losses, you need to bring forward proof tying the losses to your accident and establishing the losses’ value.
So long as you have the evidence you need to prove your right to certain losses, you can demand a range of economic damages, including the following:
- Property damage
- Property repair, replacement, or essential rentals
- Lost wages
- Lost opportunities to work in comparable fields
- Post-accident medical expenses
Work Accident Non-Economic Damages
You have the same responsibility to prove the value of a non-economic work accident damage that you do when arguing for a work accident economic damage. That said, it’s not as easy to establish the value of a non-economic loss. Fortunately, our team can refer to state precedent and other establishing factors to assign dollar values to losses like the following:
- Work accident emotional distress
- Stress
- Pain and suffering
- Mental anguish
How to Fight for a Fair Work Accident Settlement
There’s no average value of a work accident claim, and there’s no one way to fight for the damages you deserve. If your employer and their insurance provider seem open to a conversation about your losses, you may have the opportunity to negotiate for the settlement you deserve.
Unfortunately, many employers want to protect their bottom line more than they want to help you recover. As such, you may have to go to trial if you want to win compensation for your work accident. This process can be lengthy. If the liable party refuses to negotiate with you, you will undergo:
- Discovery
- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation
The good news is that you’re not going to court alone. Our Indiana work accident lawyers can be at your side every step of the way.
You can also count on a judge and bailiff to keep a liable party in line should they attempt to intimidate you or otherwise skip important court dates. Should a liable party refuse to meet you in court, you may win compensation for your losses by default.
Let’s Take Your Work Accident Case to Court
Vaughan & Vaughan does not work in workers’ compensation claims, but we can help you pursue compensation in a work accident case. If you want to fight for the compensation you deserve in the wake of a workplace accident, you can turn to our team for legal guidance. We can file your personal injury claim long before your statute of limitations expires.
Want to learn more about the possible value of your work accident claim? Have questions about the civil process in the Hoosier state? You can schedule a free work accident case consultation with our attorneys today. Contact us by phone or through the Vaughan & Vaughan website to get your first appointment on the books.
