The state of Indiana has some key laws affecting your rights in a personal injury case. These are some of the more important statutes.
Time Limits- Indiana has a two year statute of limitations for filing a standard personal injury claim. However, there are different rules regarding injury claims against the government. There is a 180 day time limit when filing against a city or county, and a 270 day time limit when filing against the state. Failure to file within the time limits results in forfeiture of the right to hear the case in court.
Comparative Fault- Like in some other states, Indiana’s comparative fault rules stipulate that the court may diminish compensatory damages in personal injury cases in which the injured party is found to be partially at fault for an accident. This rule can reduce the damages collected by an amount equal to the percentage of fault as determined by the court. If the plaintiff is found to be more than fifty percent at fault, they are not entitled to any damages.
Auto Insurance- Indiana uses the ‘at fault’ system in auto accident claims. The injured party has several choices, including filing a claim through their insurance company, filing a claim through the other driver’s insurance company, or filing suit in court. It’s important to have a knowledgeable attorney in order to make the best decision and obtain the maximum reward.
Strict Liability in Dog Attack Cases- If you are bitten or otherwise attacked by a dog in Indiana, the owner is culpable if the incident occurs on public property, or if the victim is legally occupying private property. The owner is liable for all damages suffered by the person bitten.
Damage Caps- Indiana caps the amount you can be awarded in certain personal injury cases. Since 2012, Indiana has capped non-economic damages in medical malpractice cases at $500,000, and damages paid by the government at $5,000,000. These statutes are currently under review in the Indiana State Supreme Court.
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