Car accidents can lead to settlements ranging from a few thousand dollars to a few million dollars. No attorney can tell you what the “average settlement” is because of the unique circumstances of each accident. Each accident settlement reflects the specific details of the claim it resolves.
An Indiana car accident lawyer can evaluate your case and advise you on a dollar range that provides fair compensation for your injuries and losses. Contact Truitt Law Offices today, and let us begin the process of recovering the compensation you deserve.
Table of Contents
- 1 Are There Factors That Can Determine Car Accident Settlement Payouts?
- 2 What Are Some Types of Damages in an Indiana Car Accident Lawsuit?
- 3 What Happens If the Insurance Company Will Not Offer a Fair Settlement?
- 4 Does Indiana Have Caps on Settlement Amounts?
- 5 Will a Settlement Amount Be Affected If I Am Partially Responsible for the Car Accident?
- 6 What Is the Indiana Statute of Limitations for a Car Accident Claim?
- 7 Contact an Indiana Car Accident Lawyer
Are There Factors That Can Determine Car Accident Settlement Payouts?
The size of a car accident settlement will depend on various factors unique to the car accident claim. Some of the most critical factors that will affect the amount of compensation in a car accident settlement include:
- Insurance coverage – Most drivers at fault for a car accident will pay accident victims through their insurance coverage. Car insurance policies have coverage limits for bodily injury and property damage liability. If an accident victim’s losses exceed the at-fault driver’s insurance coverage, they may have to settle for the at-fault driver’s coverage limit.
- Economic damages – The amount of financial loss an accident victim incurs will also influence the settlement size. Economic damages cover losses such as medical bills, lost income, and car repair or replacement.
- Non-economic damages – Accident victims may also have the right to recover compensation for non-economic losses they suffer due to the accident, such as physical pain, emotional distress, and reduced quality of life.
- How quickly settlement negotiations resolve – In many cases, the longer settlement negotiations take, the more compensation an accident victim recovers in a settlement.
- Liability for the accident – Indiana follows a modified comparative negligence rule, which allows a car accident victim who shares some fault for causing the crash to pursue compensation from other at-fault parties. However, the rule also reduces their compensation in proportion to their percentage of fault, which can affect the amount received in a settlement.
- The number of at-fault and injured parties – Car accident victims might obtain a larger settlement if multiple parties share liability, such as an at-fault driver and a motor vehicle manufacturer. On the other hand, multiple injured parties can quickly drain liable parties’ insurance coverage and other financial resources, resulting in smaller settlement amounts.
What Are Some Types of Damages in an Indiana Car Accident Lawsuit?
An injured victim may recover compensation for various economic and non-economic losses from a car accident. A settlement of a car accident claim can include money for:
- Medical bills
- Lost income
- Costs of care and support services for disabilities
- Physical or emotional therapy
- Pain and suffering
- Lost quality of life
- Car repair or replacement
What Happens If the Insurance Company Will Not Offer a Fair Settlement?
Most car accident claims end in settlement. But in some cases, the insurance company will refuse to agree to a compensation figure that the injured accident victim considers fair. When that happens, the injured victim must pursue their car accident claim in court.
Filing a car accident lawsuit can be an effective settlement negotiation tool since the longer litigation drags on, the more legal expenses the insurance company incurs. The insurance company also runs the risk that a jury or trial court will award the accident victim even more compensation than they seek in a settlement.
An experienced Indiana car accident attorney can help you determine what a fair and full financial recovery is for your case and ensure you don’t settle for less.
Does Indiana Have Caps on Settlement Amounts?
Indiana does not place a cap on settlement amounts except those against a state or local government. The law caps those claims at $700,000 per person and $5 million per accident.
However, Indiana law does have a cap on the amount of punitive damages that a court can award in a personal injury lawsuit. Punitive damages do not compensate an accident victim for any loss they’ve suffered. Instead, punitive damages punish an at-fault party for egregious, reckless, or intentional conduct and deter others from acting similarly. Courts may not award greater than $50,000 or three times the amount of economic and non-economic damages awarded.
Will a Settlement Amount Be Affected If I Am Partially Responsible for the Car Accident?
Indiana’s modified comparative negligence rule may limit a car accident victim’s compensation or even bar them from claiming compensation. Under the rule, an accident victim may not bring a claim if their share of fault is more than 50 percent. If an injured victim shares some responsibility for the accident, the modified comparative negligence rule can also reduce their financial recovery in proportion to their percentage of fault. For example, if an injured victim suffered $100,000 in losses from a car accident they bear 25 percent responsibility for causing, the rule will reduce their financial recovery by $25,000 to reflect their share of fault.
What Is the Indiana Statute of Limitations for a Car Accident Claim?
Under Indiana’s statute of limitations, a car accident victim typically must file a lawsuit within two years of the crash. However, this period may extend in certain circumstances. The trial court can dismiss any lawsuit not filed before the limitations period expires.
Contact an Indiana Car Accident Lawyer
If you’ve suffered injuries or property damage in a car accident in Indiana, you may have the right to demand compensation in a settlement. Contact Truitt Law Offices today for a free, no-obligation consultation where you can speak with an Indiana car accident lawyer about pursuing the compensation you need.