What types of damages can I recover from a defendant in a catastrophic injury case?

In Indiana, if you file a catastrophic injury lawsuit, the damages you seek from the defendant can be divided into two categories: economic and non-economic damages. Economic damages are those that can be objectively calculated and include medical bills, lost wages, and other financial losses related to the injury. This includes past, present, and future loss of income, medical expenses, and any necessary home health care services. It may also include property damage resulting from the injury. Non-economic damages are more abstract and include compensation for pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Other non-economic damages that may be recovered include punitive damages, which are meant to punish the defendant and to discourage similar negligent behavior in the future. In Indiana, victims of catastrophic injuries may also pursue compensation for wrongful death damages. The family of the deceased can receive economic and non-economic damages, such as funeral expenses, lost wages, and loss of companionship. It is important to note that victims of catastrophic injuries are not guaranteed to recover all or even part of these damages. The success of their claim will depend on the plaintiff’s ability to prove the defendant is financially responsible for the injury and other damages.

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