Indianapolis Catastrophic Personal Injury Attorneys
Answer Frequently Asked Questions

Catastrophic personal injuries can take many forms depending on the circumstances. The consequences of these injuries can be physical or otherwise, but examples of physical injuries include:

• Loss of limb(s)
• Severe burns
• Permanent disfigurement
• Spinal injury
• Brain damage
• Severe orthopedic issues 

There are other physical injuries that fall under the catastrophic category, but all catastrophic personal injuries share a common characteristic: they are debilitating. We at Montross Miller understand this and know that serious injuries must be handled with care and expertise.

There are no set circumstances used to define a catastrophic personal injury, but there are circumstances that are more common than others. Motor vehicle accidents are an example. If an accident results in severe damages to the victim and another party holds liability, a personal injury lawyer will work to ensure that those damages are repaid in full. Other examples include:

• Accidents involving pedestrians or bicyclists
• Alcohol-related accidents
• Plane or train crash
• Work-place accidents
• Inadequate security
• Motorcycle accidents
• Construction accidents
• Slip-and-fall accidents

In each of these cases as well as others, there is a liable party. A personal injury lawyer works to hold that party accountable for the harm they have inflicted on the victim.

A personal injury accident causes life-altering and debilitating damage to a victim’s future. Many accidents result in:

• Spinal or cognitive injuries that hinder a person’s ability to move, communicate, or complete everyday tasks that make up their life at home or at work 
• Emotional scarring 
• Debt resulting from medical bills or other costs stemming from the injury
• Loss of personal independence

Indiana personal injury law firms like Montross Miller see it as our duty to help victims recover what they have lost so that they may live their best possible life.

The short answer is yes. While some do receive compensation for emotional distress, it takes a skilled catastrophic personal injury attorney to prove the plaintiff is suffering emotionally as a direct result of their injury. This is because, while physical and financial damage are either visible or quantifiable, emotional damage is more difficult to prove. For this reason, it is important to hire a law firm that can argue a victim’s case well.

In Indiana and many other states, a victim must make a case within a two-year period following the accident. There are exceptions, however:

• If the victim is a minor, the two year period begins after they are a legal adult.
• If the victim has a legal disability, the time limit might be ignored.
• If the liable party hid their negligence from the victim, the time limit might be ignored. 
• Anyone who wishes to file a claim against the state government has only 270 days to do so, while the window for smaller government entities is 180 days.

Indiana, along with many other states, regulates catastrophic personal injury cases with a comparative fault rule. This rule states that if the plaintiff, or the victim, is more than 50 percent at fault for the accident, they cannot receive compensation. Likewise, for the plaintiff to receive compensation, the defendant must be more than 50 percent at fault.

Your compensation will depend on the circumstances of the accident and the catastrophic personal injury attorney’s ability to identify and prove your damages. You’ll find some examples of our past cases and their settlements on our website, and we also offer free case evaluations.