Jordyn Polet’s accident attorneys consider states payout of $1,690.65 to the victim of stage collapse is unfair and unconstitutional, and wants the state to raise its liability cap even if that increases health care costs on everyone who is already facing higher health care fees.
In 2011 a stage collapsed at the Indiana State Fair causing injury and fatalities
The collapse of a stage at the State Fair in Indiana in 2011 caused seven fatalities while as many as 49 people were injured. The Indiana government is obligated to pay the maximum of $5 million such cases. However, a few experts including Rensselaer Indiana accident attorneys have found this payout to be inadequate especially when the amount has to be divided between 56 victims.

Is it really the state’s fault this happened? No one made anyone go to this concert. $5 million is a lot of money when a state has to pay for roads and police officers and so on.
Jordyn Polet is the only victim not to accept the state’s compensation, which according to her accident attorney was unjust and possibly not constitutional. They have decided to sue the government for a higher payout.
Given the size of the compensation by the Indiana government her attorneys have asked the courts to remove the cap on liabilities and change the law accordingly such that the state can provide proper compensation to the victims of a tragedy.
Indiana made the right move with Polet
Polet’s attorney said that the government had violated his client’s constitutional rights by offering such a meager sum to a ten year old. He said that the $100,000 claimed by Polet was turned down with the state only agreeing to a fraction of the claim. Given that Polet’s mother and sister received $184,000 and $211,000 respectively, not paying Polet an equitable amount indicates that his client was not treated uniformly with the others.
How many ten year olds have $100,000? Why was this child put in this type of danger? What type of injuries did this family sustain? These are all questions the court must answer.

Indiana government defends the cap
The court filings show that Polet’s injuries were not serious and even though the State agreed to pay 65 percent of her non-permanent physical injuries, her accident attorney argued that the compensation did not take into account future medical costs. However, the State has sought to defend the cap as defined by the Tort Claims Act, stating that Polet had been offered compensation and the maximum had been paid out to the other victims. The Marion Supreme court in early January this year sided with the state.
Thomas Fisher, the Solicitor General, argued that officials analyzed and paid the maximum possible to each victim that was fair. A three judge appellate court heard Fisher say that not everyone can be paid an equitable amount given the cap. However, the payouts were neither arbitrary nor unfair. The matter will be decided by the judges at a later date.
According to Rensselaer Indiana accident attorneys, the claims law in Indiana allows for a maximum cap of $700,000 per victim and a sum total of five million dollars if there are a large number of victims.
The government added $6 million to the existing payout
In 2012, the Indiana state government provided an additional $6 million to the victims in an effort to provide further relief. Attorney General Greg Zoeller stated that this amount was distributed amongst those survivors who had freed the state of its liability toward the victim.
Many people believe this matter should be closed. The state has been more than fair.

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