Here's what you need to know before filing a personal injury lawsuit in Indiana.
The first thing you should do if you are injured in an accident is to seek medical help. Once a doctor sees you and explains the extent of your injuries, you can start to think about whether or not filing a lawsuit against the responsible party makes sense for your particular case.
Depending on the severity of your personal injuries, you may be able to file a claim or a lawsuit. In most cases, personal injury lawsuits are filed when the victim has suffered severe physical or emotional harm. However, various factors will be considered when determining whether or not to initiate a legal procedure. They include the severity of your injuries, the cost of medical treatment, lost wages, and pain and suffering. Here are some other factors you need to consider before filing a personal injury lawsuit in Indiana.
Personal Injury Laws in Indiana
In Indiana, a claim based on an injury might arise in various situations. You can collect damages for most injuries inflicted by another person, with few restrictions, whether the injuries were deliberate or unintentional.
Intentional injuries are most commonly seen in situations of assault or battery, in which another person strikes you or otherwise makes contact with you, resulting in your injuries. Accidental injuries, on the other hand, frequently fall into one of two categories:
- Carelessness
- Strict responsibility
Accidents caused by carelessness result in injuries caused by negligence. They happen when someone engages in an activity that does not meet the required safety requirements. Distracted driving and medical errors are two instances of careless conduct that might result in another person's physical injury.
Some of the most common injuries people sue for in Indiana include (but are not limited to):
- Traumatic brain injuries
- Spinal cord injuries
- Severe burns
- Bone fractures
- Whiplash
- Internal organ damage
- Other injuries that require medical assistance, surgery, physical therapy, psychotherapy, rest and recovery, etc.
How Can You Prove Negligence in Personal Injury Cases?
To win a personal injury case, you need to prove that the other party was negligent. Negligence is defined as the act or omission of an individual or entity that results in harm or damage. To establish negligence, you must provide evidence that shows the defendant was at least partially responsible for your injuries. This can be done through eyewitness testimony, medical records, and other documents. If you can prove that the other party was negligent, you may be able to win your case and receive compensation for your losses.
Suppose you are unsure whether your personal injury lawsuit meets the necessary criteria for filing a successful claim. In that case, you should hire a personal injury lawyer in Indianapolis to help guide you through the entire process.
How Long Do I Have to File a Personal Injury Lawsuit in Indiana?
In Indiana, personal injury claims have a two-year statute of limitations. After being harmed in an accident, an accident victim has only 24 months to bring a case. With a few exceptions, the clock starts ticking from the date of the accident or injury. You risk having your lawsuit rejected if you miss this window of chance. Many types of injuries are subject to the two-year statute of limitations, including:
- Vehicle accidents
- Slips and falls
- Injuries caused by fire
- Work Accidents
- Unjust death
Indiana’s Comparative Fault Law
Almost every Indiana personal injury claim revolves around determining who is at blame in a vehicle accident, a slip & fall case, etc., and who is financially accountable. The right to file a personal injury claim is based on the fact that a person has been injured due to another party's failure to exercise reasonable care.
For circumstances in which an injured individual is determined to be partially at fault for the accident or event that caused their injuries, Indiana has a "modified comparative fault" law or the "51% fault" system. In this doctrine, you must be less than 51% at fault for the incident to file an injury claim against someone else.
Are There Damage Caps in Indiana for Personal Injury Cases?
Damage caps in personal injury claims limit how much money an injured person can obtain in specific situations. The laws of each state govern damage limitations. Some states have no restrictions, while others apply them exclusively in specific circumstances (medical negligence) or to damages (like non-economic or pain and suffering).
For instance, the state of Indiana does not cap damages for pain and suffering, but it does cap damages in medical malpractice claims at a little over $1 million.
Bottom Line
To ensure you get the justice and compensation you deserve, discuss your case with a specialized personal injury attorney in Indiana. They will evaluate your case, assign a monetary value to all your tangible and intangible losses, and fight for your compensation outside or even inside the court.
This article was written by Michael Hawkins.
When it comes to educating the public on legal matters, few people are as determined as Michael. From discovering issues of interest that concern all of us to offering actionable articles and guides to those in need, Michael is relentless in his journey of helping people make sense of the legal system. With dozens of pieces published in magazines, news outlets, and online journals, Michael is here to translate legalese into plain English so you can understand your rights and make the system work for your benefit.
