Home › Personal Injury Laws by State › Indiana Personal Injury Laws

Indiana generally requires most personal injury lawsuits based on negligence to be filed within two years after the claim accrues. Claims against governmental entities generally require a formal notice of claim within a much shorter period before any lawsuit, and different rules, accrual questions, exceptions, and tolling provisions may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Indiana attorney reviewing the facts can do that.

Indiana generally follows an at-fault system for motor-vehicle injury claims. Liability ordinarily depends on who caused the collision. The compensation available in any particular matter generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Indiana follows a modified comparative-fault rule in most personal injury cases. In general terms, compensation may be reduced according to an injured person's share of fault, and recovery is generally barred when that person's share of the fault is greater than half of the total fault involved. Indiana's comparative-fault rules generally do not apply to claims against governmental entities, where an older contributory-negligence rule may still bar recovery if the injured person shares fault. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Indiana generally requires vehicle owners to maintain liability insurance that meets minimum requirements established by state law. Insurers also generally provide uninsured/underinsured motorist coverage unless the policyholder rejects that coverage in writing. The coverage available in any particular situation depends on the policies involved and current law.

Indiana does not impose a general cap on compensatory damages in most personal injury cases, but state law does limit damages in specific kinds of claims, including medical malpractice claims and claims against governmental entities, and punitive damages are separately limited. Because these provisions and amounts may change, this page does not state a dollar figure or determine whether any limit applies to a particular matter.

Indiana personal injury lawsuits may be filed in the state's circuit or superior courts, which handle civil matters depending on the county, with small claims procedures available for some more limited matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Indiana attorney can evaluate.

A licensed Indiana attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Indiana communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.