Determining an appropriate settlement amount in a personal injury case like this involves several factors, including the severity of the injuries, the cost of medical treatment, lost wages, pain and suffering, and the impact on your quality of life. Here’s a breakdown of these considerations:
Medical Expenses: Document all medical costs incurred from the accident, including emergency room visits, doctor’s appointments, diagnostic tests (such as MRIs or CT scans), medications, and physical therapy. It’s important to consider both past and future medical expenses if ongoing treatment is required.
Lost Wages: Calculate any lost income resulting from the accident. If your injuries prevent you from working and earning wages, document these losses. Include both current lost wages and any future loss of earning capacity if your ability to work has been impaired.
Pain and Suffering: This is a more subjective aspect of the settlement. It encompasses physical pain, mental anguish, emotional distress, and loss of enjoyment of life. Indiana does not have a set formula for calculating pain and suffering, so it’s often based on the severity of injuries and how they impact your daily life.
Comparative Fault: Indiana follows a comparative fault system, which means your settlement could be affected if you are found to be partially at fault for the accident. However, given the circumstances described, where you were stopped and the other driver was reportedly traveling at 45 mph, the likelihood is that the fault lies entirely with the other driver.
Policy Limits: The at-fault driver’s insurance policy limits are a practical constraint on your settlement. If their policy limit is inadequate to cover all your damages, you might need to explore other options, such as underinsured motorist coverage from your own policy.
Attorney’s Fees and Costs: Consider any attorney’s fees and litigation costs if you retain legal representation. In personal injury cases, lawyers often work on a contingency fee basis, taking a percentage of the settlement.
Settlements in concussion cases with vestibular dysfunctions vary significantly, often ranging from tens of thousands to several hundred thousand dollars depending on the factors mentioned above. Consulting with a personal injury attorney in Indiana can provide a tailored assessment and help negotiate with insurers to ensure a fair settlement reflective of your specific circumstances.
