Personal Injury Claims in Indiana

If you have been injured while on the job, while receiving medical treatment, in an auto accident, or in a variety of other ways, it is important to seek the services of a personal injury attorney. You may be entitled to file a claim for your injuries and receive a monetary settlement (generally called “damages”) to compensate you.

Statute of limitations

Please be advised that there is a strict time limit that your case must be filed in, which is known as the statute of limitations (SOL). Your claim may not ever be allowed to be filed after the SOL date has passed. In Indiana, the SOL is 2 years from the date of the incident (this applies when the injury results in death, as well).

Types of claims that can be filed.

There are a wide variety of claims that can be pursued by a court of law in Indiana. There are personal injury attorneys who specialize in all of them. Some of these claims are:

  • General slip and fall
  • Medical malpractice
  • Product injury (usually caused by prescription drugs)
  • Auto accident
  • Worker’s compensation

It is important to note that there are also sub categories; for example, Erb’s Palsy is a type of medical malpractice claim.

Injury regulations in Indiana

Indiana is a “fault” insurance state, meaning that a person who has been injured has the option to file a lawsuit against an individual or their insurance company. This gives a plaintiff more options in pursuing a claim than in most states. A court will examine your claim and will assign a percentage of damage to a plaintiff, defendant, and possibly non-parties who were not directly involved. Any party whose fault is determined to be a 50 percent of more is ineligible for damages.

Required auto insurance in Indiana

Indiana requires all vehicles to have a minimum amount of liability coverage for all vehicles. The minimum requirements are:

  • Bodily injury coverage of $25,000 per person.
  • Bodily injury coverage of $50,000 per accident.
  • Property damage of $100,000 per accident.
  • Uninsured motorist bodily injury coverage of $50,000 per accident.

Birth Injury case

According to Cerebral Palsy Lawyer, an Indiana couple, who wished that their names not be revealed, took their healthcare providers to court after their son was born and later diagnosed with cerebral palsy. They claimed that the medical providers were extremely negligent in the delivery of their son. They received $250,000, the most allowed under Indiana laws. They then filed a claim against Indiana’s Patient Compensation Fund for more money.

Damage caps

In the majority of states, there is a limit to the amount that a plaintiff can be awarded if they are successful in their claim. This is called a damage cap. In Indiana, claims filed after 1999 have a cap of $250,000 per provider and it is not to exceed $1.25 million.