Personal Injury ClaimSouth Bend, IN-A 13 year-old girl who was injured in 2011 when a stage for country duo Sugarland collapsed at the Indiana State Fair is challenging the state’s cap on damages for accidental injuries and deaths.
Jordyn Polet, an Ohio resident, suffered injury to her legs and ankles when a high-powered gust of wind blew a temporary stage at the Indiana State Fair over onto a crowd as they waited for Sugarland to take the stage. More than 100 people were injured, including Polet’s sister and mother who sustained more severe injuries, and seven people were killed, one of whom was a friend of Polet family.
Court documents state that in addition to her physical injuries, Polet, who was 10 years-old at the time of the accident, suffers from post-traumatic stress disorder. But when it came to the damages for the young girl, she was offered a meager sum because the state of Indiana caps damages awarded to accident victims.
Indiana’s Tort Claims Acts limits the damages for accidental injuries or deaths to $5 million for a single incident. This law, the attorney representing Polet argued, is unconstitutional and deprived their client of the damages she would have been awarded if she were the only victim, according to ABC News.
In March, a judge awarded Polet $1,690, because the maximum amount the state was required to pay for the accident had already been met. The state had already paid $5 million to 62 of the victims, and later on the state’s General Assembly approved an additional $6 million to be paid to the remaining victims, WISH TV reported.
Polet’s attorney rejected the court’s offer for damages and appealed the decision.
In a legal filing, Polet’s attorney said, “The $5 million cap, both on its face and as applied, violates Plaintiff’s constitutional rights, which provides in relevant part [that] all courts shall be open, and every person for injury done to him and his person, property or reputation, shall have remedy by due course of law.”
The appeals court has not made their decision, but if they decide in Polet’s favor it will set precedent for future accidental injury cases and would allow other victims of the stage collapse to sue for additional damages.
When seeking compensation for an accident, it’s crucial that the victim have an Indiana accident attorney on their side. The aftermath of an accident can be a very confusing and troubling time for someone who is injured or lost a loved one. Accident victims need sound legal advice when seeking a settlement for their injuries or the untimely of loved one. Having the representation of an accident attorney familiar with Indiana’s personal injury law will prevent a victim for making any decisions that will affect their final settlement.

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