Victims of accidents caused by someone’s negligence that have caused them physical harm have the right to seek compensation. Unless you’ve been through the process before, you’ll be disappointed to learn that it’s not as simple as signing on the dotted line. Not every victim will receive a settlement, and those that do will have to find their way through Indiana’s labyrinth of personal injury laws and regulations.
If you’ve found yourself on the unfortunate side of an accident that resulted in injuries, you’ll want to work with a team of accident experts. Contact Yosha Law Firm PI lawyers for a free consultation. Their savvy team can help to explain the process and help guide you to a successful settlement.
Indiana and Personal Injury Lawsuits
Like most states, Indiana allows victims of accidents that result in injury to seek compensation. However, depending on the type of accident, the requirements to do so may differ. No matter the type of personal injury lawsuit, working with an experienced attorney as soon as possible is important. Indiana’s personal injury statute of limitations is set at 2 years. This means the clock starts ticking when the accident occurs or you first discover your injury.
The most common types of personal injury lawsuits in Indiana are:
Vehicular Accidents
Accidents involving motor vehicles are one of the most common personal injury cases. Indiana is a fault-based state, meaning anyone injured in a motor vehicle accident can sue the negligent party. Indiana requires that all drivers carry car insurance. Uninsured drivers involved in an accident with a history of driving without proper insurance may lose their right to sue for damages if involved in an accident, even if they weren’t at fault.
Medical Malpractice
- Medical malpractice personal injury lawsuits can be filed when a healthcare professional doesn’t provide the expected standard of care to a patient and the patient’s condition worsens or causes other adverse conditions. Examples of medical malpractice can include:
Surgical errors - Misdiagnosis
- Delayed diagnosis
Prescription errors
To prove medical malpractice, the victim must supply an Affidavit of Merit. This sworn testimony is supplied by a similarly trained medical expert who believes medical malpractice did occur.
Slip & Fall Accidents
A business or private residence owner is responsible for ensuring that their premises are safe and free of hazards. Victims who have fallen and sustained injuries can file a personal injury lawsuit. These cases can be difficult since many different entities could be at fault.
Product Liability
- Injuries caused by a defective product fall under the umbrella of personal injury lawsuits. The victim has the burden of proving at least one of these three types of defects:
A design flaw - A manufacturing defect
- Inadequate warning labels
Dog Bites
Dog bites are covered under personal injury lawsuits. The victim will need to prove that they didn’t provoke the animal into biting and that the attack occurred on public property or private property they’ve been invited to. Indiana follows the “one bite rule,” meaning that dog owners may be able to escape liability if the animal has never before displayed aggressive behavior.
Types of Personal Injury Damages
- Victims of an accident that has caused harm have the burden of proving that a person, business, or entity acted negligently and that the accident directly caused injury. Fortunately, most Indiana personal injury lawsuits result in a pre-trial settlement negotiated during the discovery phase of a lawsuit when the plaintiff’s and defendant’s legal teams meet to share evidence.
Three types of personal injury damages can be sought to be recovered.
Economic damages – Economic damages are financial hardships incurred after an accident. Typically included are medical bills, the cost of over-the-counter medications, and fitting a residence with mobility assistance devices like ramps or chair lifts.
Non-economic damages are financial payouts for pain and suffering, loss of consortium, and emotional trauma.
Punitive damages – Although rare in personal injury lawsuits, punitive damages are awarded to victims when the defendant deliberately acts maliciously.
How to File an Indiana Personal Injury Lawsuit
- It’s strongly recommended that victims of accidents work with an experienced personal injury attorney who will take care of the actual filing of the case. Initial consultations are typically free; most personal injury attorneys won’t ask for a dime upfront. They will be paid a percentage of your settlement if you win your case.
Your attorney will file a formal complaint with the civil courts to begin the process. The complaint must contain the following information:
The negligent person, business, or entity - Where, when, and how the accident took place
- A detailed list of your injuries
- How the defendant caused your injuries
- What damages you’re seeking
Understanding Indiana Personal Injury Settlements: Final Words
Fortunately, most Indiana personal injury lawsuits never see the inside of a courtroom and are settled without needing a judge and jury. However, lawsuits such as these should never be attempted alone. There are far too many complex labyrinths of the law for the layperson to navigate without making mistakes. The easiest way to sabotage a strong personal injury lawsuit is to attempt to file one without an experienced legal team fighting for your rights to be compensated.
