Indiana Personal Injury Laws
Indiana follows a modified comparative fault system with a 51% bar, prohibiting recovery when the plaintiff is more than 50% at fault. The state caps total damages in medical malpractice cases at $1.8 million (with a patient compensation fund covering amounts over $450,000). General personal injury cases in Indiana have no statutory cap on compensatory damages.
Statute of Limitations
2 years
Fault Rule
Modified Comparative Fault (51% Bar)
Non-Economic Damages Cap
No Cap
Fault Rule: Modified Comparative Fault (51% Bar)
You can recover damages only if you are less than 51% at fault. Your award is reduced by your percentage of fault.
Average Settlement Amounts in Indiana
Settlement amounts vary based on injury severity, liability, and other factors. Below are estimated average settlements for common injury types in Indiana.
| Injury Type | Average Settlement |
|---|---|
| Car Accident | $19,000 |
| Slip and Fall | $15,000 |
| Dog Bite | $29,000 |
Key Indiana Personal Injury Statutes
- •Ind. Code § 34-11-2-4 (statute of limitations)
- •Ind. Code § 34-51-2-6 (modified comparative fault, 51% bar)
- •Ind. Code § 34-18-14-3 (med mal total damages cap)
Damage Caps in Indiana
Indiana does not impose a general cap on non-economic damages in personal injury cases. This means there is no statutory limit on pain and suffering awards in most cases.
For medical malpractice cases specifically, Indiana caps damages at $1,800,000.
Injury Claims in Indiana
Learn more about specific injury types and how Indiana law applies to each.
Major Cities in Indiana
Personal injury attorneys in Indiana serve clients in Indianapolis, Fort Wayne, Evansville, South Bend, Carmel, and surrounding areas. If you have been injured in any of these cities, the same state laws described above apply to your claim.
This information is for educational purposes only and is not legal advice. Consult a licensed personal injury attorney in your state.