Indiana Personal Injury Law

The following summary of Indiana personal injury laws and liability theories will help you understand important aspects of injury claims in this state.

Indiana Statute of Limitations:

• Personal Injury: 2 years for negligent conduct
• Medical Malpractice: 2 years
• Products Liability: 2 years
• Wrongful Death: 2 years

Caps on Personal Injury Awards in Indiana:

The non-economic damages award may not exceed $1,250,000 for medical malpractice cases which includes $250,000 per health care provider.

Indiana Serious Injury Threshold:

There is no serious injury threshold in the state of Indiana.

Indiana is a Fault state and follows the modified comparative negligence - 51% theory, meaning that the plaintiff can be up to 50% at fault and still pursue compensation for damages.

Personal Injury Claims & Theories of Liability in Indiana:

Slip and Falls: When personal injuries result due to negligent conditions on the property of another, the property owner will be liable for all known conditions or those they would have known about upon a reasonable inspection.

Auto Accidents: Personal injury and property damage that result from the negligence of another are to be compensated from the insurance of the negligent driver, or from the negligent driver personally.

Medical Malpractice Case: When a health care professional or hospital is negligent when providing care, they can be held liable for the patient's injuries. The duty of a medical professional is viewed in light of other similarly situated professionals in their community.

Product Liability: Products go through a series of intensive tests before they are accessible to the public for use and consumption, therefore manufacturers, distributers and designers can be held strictly liable for injuries that result from the use of these products.

Workers Compensation: In Indiana, all employers must carry workers compensation insurance. This will cover the employer for expenses related to injuries to employees that occur while in the scope of employment.

Wrongful Death: The estate of a victim can both sue and receive monetary compensation for the victim's death if it was caused by the negligence of another.

For More Information Check out these sites:

Official Indiana State Government Website

Indiana State Bar Association