$48.5 MILLION

Truck Accident Multimillion-Dollar Settlement.

"M.A.," a 30-year-old man, was driving to work in New Mexico. Suddenly a commercial truck veered across the center line and struck his vehicle head on. M.A. died at the scene. The McNeely Stephenson firm was hired shortly after the crash to represent the family of the deceased.

our client results

Personal injury suits have common elements, including damages, or the financial recovery that you can receive should the other party be found guilty of negligence. Damages can be economic or non-economic. Understanding the distinctions between the two types and how the Indiana laws apply can be helpful when you bring a case.

The Basics

Economic damages are expenses that you have paid or will pay out of pocket because of another’s negligence or recklessness. Economic damages are sometimes called special damages. Economic damages can include:

  • Medical bills related to the accident or death, including future expenses and rehabilitation
  • Final expenses if the victim is deceased
  • The cost to repair or replace a vehicle (if applicable)
  • Damages to restore or repair property
  • Loss of household services due to the victim’s accident
  • Reasonable attorney’s fees

Non-economic damages, also called general damages, are sometimes known as “pain and suffering” damages. After a catastrophic injury, non-economic damages can actually be greater than economic awards,  so it is essential to try to recover all non-economic damages that apply to your situation.

Non-economic damages in a personal injury case are more complex and difficult to pin down. Examples of such non-economic damages are:

  • Physical pain and distress, including a worsening of prior injuries, insomnia, and so forth
  • Emotional pain (loss of enjoyment in life, mental anguish, post-traumatic stress from reliving the injury, disfigurement, and scarring)
  • Loss of consortium (love and companionship specific to a spouse).

Non-economic damages in a wrongful death case focus on the suffering of the survivors. Such damages can include:

  • The mental anguish and grief of the survivors
  • The loss of consortium by the bereaved spouse
  • The loss of the love and companionship of the deceased by the survivors
  • The loss of love and companionship by a bereaved child, including loss of parenting, advice, nurturing, and so on

Non-economic damages can vary depending on the type of life the victim led prior to the accident. For example, if the injured person enjoyed an active life, such as engaging in athletic competitions or other physical hobbies, and they were left with paraplegia or brain damage, they could very well have lost much of their enjoyment in life.

A second example is the following: If the victim normally drove to work, cooked dinner, took care of children, etc., and was left no longer able to do so, they could claim non-economic damages for losing their enjoyment in life. However, they could also claim economic damages in order to pay others to cook meals or to care for their children.

What Does Indiana Law Say?

Personal injury and wrongful death claims must generally be brought within two years from the date of the injury or death. There are a few exceptions:  within 180 days when suing a city or county, and within 270 days when suing the state of Indiana.

While contributory negligence might reduce or even prohibit recovering damages except in cases of children 14 and under, there are no caps on non-economic damages in Indiana unless the claim is against the state ($700,000 cap).

In Indiana, there are no caps on economic (out-of-pocket) damages.

How Are “Pain and Suffering” Damages Calculated?

Such damages are, by their nature, difficult to measure, and the court often does not provide instructions for determining an award. But certain factors are taken into account:

  • The extent of the injuries suffered
  • Any disfigurement, scarring, or amputations resulting from the accident
  • The victim’s inability to perform their usual or daily activities
  • Any worsening of an existing condition

Occasionally, attorneys use a multiplier, meaning that the economic damages are multiplied by a certain number ranging from one to five, depending on the severity of the injuries, in order to calculate non-economic damages. For example, if a severely-injured victim with significant permanent injuries suffered $400,000 in economic damages, the attorney might argue for $2 million in pain and suffering damages, or five times the economic damages amount.

Possible Impact of a Record Case

In recent years, some have argued for caps on non-economic damages, calling some awards excessive. We believe that, in some cases, awards that might appear enormous are actually justified. Caps would prevent justifiable awards, and at least some judges in the southwestern U.S. agree with us.

In February, 2018, an appeals court in New Mexico upheld a 2015 verdict that awarded $165 million to a family in which two members were killed during a June, 2011, crash involving a FedEx Ground tractor-trailer. In an I-10 collision described as “horrific,” the tractor-trailer rammed into the family’s small pickup truck that was either moving at a very slow speed or was stopped. The driver of the pickup and her 4-year-old daughter died; the driver’s 19-month-old son was severely injured. The FedEx driver also died in the crash, reportedly hitting the pickup truck at 65 mph.

The appellate court’s decision denied FedEx Ground’s requests for a new trial or a reduction in the damages award; the corporation asked the court to “establish a threshold or an absolute financial limit on the value of life.” Instead, the three-judge panel ruled that appropriate and sufficient evidence was brought forth to support all damages awarded, including the non-economic damages, because of the family’s extensive pain and suffering for their losses. The judges wrote in their decision, “We refuse to implement such a legal threshold or limit” on damages.

When others breach their duty, we keep ours.

Wrongful death and personal injury claims can be costly to pursue, and many law firms are not in a position to effectively reach a resolution in these cases. You can be assured that our lawyers, and our financial resources, are willing to go the distance on behalf of you and your family. Our investigative team at McNeely Stephenson goes to work immediately to uncover the ‘who,’ ‘what,’ ‘when,’ ‘where,’ ‘why’ and ‘how’ of a case. We are committed to bringing together the most qualified experts available to uncover what happened.

You can be assured that our attorneys, Mike Stephenson and Brady Rife, are willing to go the distance on behalf of your family and in the memory of your loved one. We offer free consultations and would like to discuss how we can be of service to you. Call us today, or use our confidential online contact form.

real-life cases

“B.K.” was driving on a two-lane road one Sunday afternoon with his mother in the front seat and his brother and sister-in-law in the back seat when his life was forever changed. B.K. was struck head on by D.C.

D.C. had spent the day drinking with a friend and had stopped at a restaurant less than five miles from the point of the accident where D.C. had been served several drinks. D.C.’s blood alcohol level was more than twice the legal limit.

As a result of the terrible wreck, B.K. received devastating injuries, which included multiple broken bones, facial fractures, and loss of vision. B.K.’s mother, brother, and sister-in-law were all killed in the accident.

As one would anticipate, D.C. had virtually no insurance. Stephenson, through his thorough and detailed investigation, was able to prepare claims against the restaurant and those that provided the alcohol.

Stephenson pursued dram shop claims against those responsible CASE SUMMARY

D.H. was a competitive bicyclist who was riding in preparation for a cross-country fundraising ride. In the spring of 2010, D.H. was riding across an old steel-grated deck bridge in Shelby County when he hit a hole in the bridge and flipped over the handlebars of his bike. The impact to the bridge decking caused severe injuries to his face, teeth, tongue, and elbow.

Through the investigation, they were able to learn as early as 1998, the bridge inspection reports showed the bridge in question needed to be replaced. The county never authorized additional inspections. The county obtained $844,000 in funding for the replacement of the bridge in 2000, but the Historical Society and adjacent property owners wanted the bridge repaired rather than replaced.

This crash could have been avoided if the inspectors and county had done their jobs. CASE SUMMARY

Our client (“D.W.”) was a front-seat passenger in a vehicle that was struck by a UDF truck making deliveries. D.W. received broken arms and legs, as well as internal injuries. Stephenson was retained by D.W.’s personal counsel to prepare and try the case. Discovery determined that the UDF driver had multiple driving violations. Stephenson retained numerous experts to show the jury the devastating effects of the injuries. Before trial, the defendant’s company stated that a jury in a small southern county in Indiana would never return a verdict for $1 million in this case.

The defendant was correct; the verdict was twice that amount. CASE SUMMARY

Let us put our resources to work for you.

The attorneys of McNeely Stephenson have been successfully litigating personal injury cases in Indiana since 1982. We know how to conduct a thorough investigation into an accident’s causes. Our many decades of representing Hoosiers injured in car crashes has helped us build a network of medical experts, economists and others who can assist in documenting a victim’s injuries and financial losses. Put our Indianapolis vehicle accidents lawyer on your side.

Aggressive courtroom advocates and tenacious settlement negotiators, our Indiana vehicular accident lawyers will fight for your rights when you have been harmed in a distracted driving accident on Indiana highways. Contact Mike Stephenson at 1-855-206-2555 or use our online contact form to arrange a free consultation. McNeely Stephenson. Trusted Advisors. Proven Advocates.

 

Updates
Personal Injury Lawyer
May 21, 2018 / Vehicle Accidents
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Mike Stephenson is a Super Lawyer in Indiana along with many of his peers at McNeely Stephenson. This is one of the highest honors an attorney can achieve

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Attorney Mike Stephenson is a proud member of The Litigation Counsel of America’s Honorary Society. A close-knit, peer-selected, and aggressively diverse honorary society of 3,500 of the “best trial lawyers” in the country. Less than one-half of one percent of American lawyers, vigorously vetted for skills, expertise, and service; an invitation-only collegial network.

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The American Board of Trial Advocates is an invitation-only organization for attorneys of “high personal character and honorable reputation.” ABOTA works for the preservation of the civil jury trial, “Justice by the People,” and supports the right of a jury trial.

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Our attorneys are proven advocates and trial attorneys. They have served as lead trial counsel in more than 100 civil jury trials, and have handled litigation in 18 states