You should know about the personal injury laws in Indiana that involve fault, how long you have to file a claim, and how much compensation you can potentially receive.
An Indianapolis personal injury lawyer can provide you with detailed information about all the laws that apply to your claim. You can also rely on an attorney to guide you through the legal system and help you secure the compensation you need.
Personal Injury Laws About Fault in Indiana
You should know Indiana’s personal injury laws regarding fault before you file a claim. Our state uses “tort” (or “at fault”) laws to handle personal injury cases. These laws mean that you can file a claim against anyone who causes an accident through negligence.
The liable party may need to cover any losses that you experience because of their actions. Under tort laws, an attorney will need to demonstrate that:
- Another party owed you a duty of care
- The liable party violated their duty
- The party’s actions directly caused your injuries and financial losses
These laws make establishing fault one of the most essential parts of building your legal claim.
If your attorney can demonstrate fault, you may secure compensation to pay for your medical expenses, lost pay, pain, and emotional suffering.
Indiana Uses Comparative Fault Laws
Our state uses a comparative fault system for personal injury claims. Therefore, the legal system may find you partially responsible for your accident and decide to reduce the total compensation you receive.
Generally, your final degree of compensation will depend on the percentage of fault you hold for an accident. For example, if the legal system finds you 30% at fault for a car accident, you may only receive 70% of your total possible compensation. However, you cannot recover compensation in Indiana if you are over 50% at fault for your accident. This is called modified comparative fault.
An attorney can explain comparative fault and other Indiana personal injury laws you should know before filing a claim. It is crucial to understand that states differ in their fault laws.
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You Should Know Indiana’s Laws on Damage Caps
Indiana’s legal system has “capped” the amount of compensation you can receive for some personal injury cases. A cap sets an upper limit on your potential financial damages. The state has caps for medical malpractice cases and claims involving the government.
Therefore, you can only get so much compensation if someone working for the government causes you injuries.
Indiana Puts a Cap on Punitive Damages
The legal system caps the punitive damages available in any claim. Punitive damages serve to punish the party responsible for your accident and do not directly pay towards your losses.
Generally, Indiana states that you can only get three times the amount of your other compensation through punitive damages. For example, let’s say a lawyer brings you $100,000 in compensation for your medical bills and other economic losses. In this case, you could qualify for up to $300,000 in punitive damages.
However, under Indiana law, a significant portion of punitive damages that are awarded will be redirected to the state and not to the victim. The State of Indiana believes punitive damages are not entirely meant to compensate the victim. Instead, under Indiana law, punitive damages are intended to punish a wrongdoer. Therefore, the state believes it is sensible to take punitive damages from a victim for state purposes.
However, you cannot get punitive damages for all personal injury claims. An attorney can explain whether or not you qualify for this form of compensation.
Indiana’s Laws on the Personal Injury Statute of Limitations
You should review Indiana’s laws on the statute of limitations because these regulations control how long you have to file a claim for compensation. Typically, our state gives you two years to seek compensation from the liable party.
Several exceptions may change the time you have available. For example, you may have less time if you need to file a claim against the city, county, or state government.
If you wait too long to file your claim, the court can dismiss your request for compensation. Therefore, it’s essential that you contact a lawyer for help immediately so a legal professional can review your situation and provide information about your specific deadlines.
Do You Need to Know Any Federal Laws for Personal Injury?
You may need to familiarize yourself with some federal personal injury laws after some accidents. For example, the Federal Torts Claims Act (FTCA) gives individuals a chance to file a claim if they sustain injuries due to someone associated with the government.
However, in most cases, state laws control how you can file a personal injury claim and secure compensation for your losses. Your attorney can ensure that you understand any federal laws that may impact your case.
Contact Us to Learn More About Personal Injury Laws
Do you have questions about the Indiana personal injury laws you should know? Our team at Vaughan & Vaughan can provide you with answers to any legal questions that you have as we build a claim to bring you maximum compensation.
We draw on our over 110 years of experience when handling claims for clients like you. We’ve brought millions in compensation to our clients, and we invite you to check out our case results to see examples of our work.
Additionally, we take on these claims on a contingency fee basis. You can learn more about your next steps with a risk-free initial consultation.
