Personal Injury Law in Indiana

Were you hurt due to another’s negligence in Indiana ? If so, it may have far-reaching consequences such as a loss of wages or extensive medical treatment. Personal injury law allows an injured person to get damages if the responsible person acted recklessly. A personal injury attorney in Indiana can help navigate the lawsuit to make sure you receive all of the compensation you deserve.

What Is Personal Injury Law?

Personal injury law in Indiana relates to the legal process of getting compensation for an injury caused by someone else’s negligent behavior. These cases involve one party, the plaintiff, trying to seek financial compensation for expenses incurred and money lost as a result of the defendant’s reckless behavior. These cases involve both parties’ insurance companies and may even settle before proceeding to litigation.

Examples of Personal Injury Claims in  Indiana

Some personal injury claims are more common than others. However, almost any incident that ends with a physical or mental injury could qualify, depending on the circumstances.

A few of the most common personal injury claims are:

  • Car Accidents
  • Slip and Fall
  • Dog Bites
  • Medical Malpractice
  • Workplace Accidents
  • Burn Injuries

Most Common Injuries in Indiana  

The Indiana Department of Health has found that the most common reasons for citizens to visit the ER are chest pains, shortness of breath, strokes, and unintended injury as the result of an accident. In 2019 nearly  20,000 personal injury cases were filed with courts across Indiana. Most claims were either product liability personal injury claims, or healthcare related personal injury claims.

Steps in a Personal Injury Lawsuit in Indiana

Once you determine that you wish to proceed forward with a personal injury action in Indiana

A lawsuit begins when a complaint is filed with the court and served on the defendant. The complaint alleges your assertion as the plaintiff that the defendant’s negligent behavior resulted in damage to your body or mental state. As the process proceeds forward, you may have to go through depositions, independent medical evaluations and document production. This discovery process is lengthy and ends in either settlement or a court appearance.

After consulting with your attorney and gathering the proof of negligence, you then file a complaint or petition with the court. The court will issue a summons to the defendant triggering an answer where they may either accept your claim and reach a settlement, or dispute it and take the matter to trial.

Indiana Personal Injury Settlement

With most personal injury cases, insurance companies and injured parties prefer settlement negotiations rather than going to court for a trial. You may wonder how much you should seek in your settlement and factors that impact the final amount.

Oftentimes in Indiana, Personal Injury claims are filed with less serious, or moderate injuries.  Indiana Courts list medical bills, lost income, and physical or emotional pain and suffering as the most significant sources of damages when it comes to settlements. On average, personal injury claims see settlements of about $6,000 in Indiana. However, the state uses lots of specificity to categorize claims, which can make settlement amounts seem small. For example the average auto accident claim with a severe injury settled for nearly $1 million, while the average over personal injury claim is about $6,000.

If the other party has insurance, the insurance company likely wants to settle out of court to avoid leaving the final settlement decision to a jury. Settlements benefit injured parties as much as they do insurance companies. This is because accepting a settlement means you receive compensation sooner rather than later. Also, by going to court in IN, that means you risk not receiving any compensation at all.

Damage Awards in Indiana

If your Indiana personal injury lawsuit goes before a judge or jury, your legal team will be ready with a request for damages. In personal injury cases, there are three types of damage awards a court may order the defendant to pay to compensate you for the damage he or she inflicted.

Special compensatory damages reimburse you for things such as lost income, medical bills and insurance deductibles. You submit receipts proving these losses.

General compensatory damages are subjective. If you receive special compensatory damages, you may also collect general damages. If your injury was particularly painful, you might request that the judge order the defendant compensate you for the pain and anguish.

Punitive damages are the most rarely awarded and are up to the court. The judge or jury may determine that the defendant’s negligence was particularly heinous and the resulting injury to you was equally horrific. 

In Indiana, the only caps you will see on personal injury suits are from damages paid by the government. So, if you sue the local or state government, you could see a cap of $5,000,000 on your personal injury suit. Otherwise there are no damage caps.

Statute of Limitations in Indiana Personal Injury Law?

The injured party may have a set amount of time to file suit for a personal injury case. State law establishes statutes of limitation. Commonly, the plaintiff’s injury or discovery of the injury begins the statute of limitations. However, the latter factor is trickier, as the plaintiff will have to prove when the injury was first realized.

The Indiana statute of limitations dictates that you have two years from the date of your accident to file your personal injury claim.

We recommend you speak with a personal injury lawyer for this matter. Don’t wait too long and miss out on receiving the compensation you deserve for your injury. 

Work With an Experienced Indiana Lawyer

Pursue a personal injury claim in Indiana against the responsible person if you are dealing with an injury caused by someone else. One of our experienced lawyers can help you navigate your personal injury claim.  We can even help you connect with an attorney across Indiana state lines.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!

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