Your Right to a Catastrophic Injury Claim
You may have the right to a catastrophic injury claim if you can bring forward the evidence needed to prove that your accident stems from someone else's negligence. What does this mean? It means you have an obligation, per Indiana's burden of proof, to indicate the following:- A named party owed you a duty of care
- That party engaged in avoidable, unpredictable negligence
- Said behavior violated your duty of care
- That violation resulted in a devastating accident
- Said accident inflicted marked economic stress on you and/or your loved ones
When to File a Catastrophic Injury Claim
Indiana Code section 34-11-2-4 limits the amount of time in which you have to investigate your losses. This personal injury statute of limitations gives survivors like you no more than two years to bring a personal injury claim forward in civil court. How do you make the most of those two years? While you can investigate a catastrophic injury accident on your own, the process can prove more challenging than most people anticipate. What's more, your family may not know what forms of evidence may play the biggest role in your case. If you want to make the most out of the two years you're giving to investigate your losses, consider working with an attorney. Experienced lawyers throughout Indiana can return to an accident scene, gather the information most relevant to your case, and even capitalize on professional networks. In doing so, they can help you build a strong case without compromising your ability to rest and recuperate.When to Contact a Catastrophic Injury Lawyer
If you do decide to work with an attorney, you may wonder when the best time to contact the catastrophic injury lawyer might be. In general, the sooner you can contact an attorney, the better. That said, you have the right to reach out to an attorney at any point before your statute of limitations expires.What Information to Include in a Catastrophic Injury Claim
The catastrophic injury claim that you bring forward to a civil judge needs to meet Indiana's burden of proof. That burden dictates that you must have the evidence necessary to name a particular party liable for your losses. That evidence can range from statements from bystanders to medical reports detailing the severity of your accident. You can request that our attorneys return to the scene of an accident to gather the information most relevant to your case. You can additionally use that evidence to elaborate on the total value of the compensation you believe you deserve in the wake of your accident. The more comprehensive your catastrophic injury claim is upon its initial submission, the easier it may be for you to argue for your right to financial support in the long run.Calculating Your Possible Compensation
You may have the right, after a catastrophic injury, to request support for both economic and non-economic losses related to your accident. Before you can request that support, however, you need to calculate the total value of those losses. You additionally need to bring together the evidence necessary to prove your right to loss-related damages. Our catastrophic injury attorneys in Greenfield and beyond can often help survivors like you integrate the following losses into their claims:- Emergency care
- Long-term medical expenses, including surgeries, physical therapy, and at-home aid
- Property restoration
- Emotional distress
- Pain and suffering
- Mental anguish
- Lost wages
- Lost opportunities to work
- Lost opportunities to provide for family members