Personal injury lawsuits provide relief in accidents that cause physical or emotional harm to a person. In Indiana, if a person gets injured due to another person’s wrongful conduct, they can sue the at-fault party for personal injury. Personal injury cases generally involve car accidents, truck accidents, slip and fall injuries, premises liability, dog bites and animal attacks, railroad injuries, and other types of injury cases where the other party’s negligence is involved.
Proving Fault in Indiana Personal Injury Cases
In Indiana, to file a successful injury claim, the victim must show that:
- The at-fault party owed a duty of care to the victim
- Such duty of care was breached
- The injury suffered by the victim is a direct result of such a breach
Types of Personal Injuries
Personal injuries can include a wide array of injuries. Some common injuries suffered by victims in personal injury cases include:
- Traumatic brain injuries (TBI) that may cause severe health complications including memory loss and loss of vision or hearing
- Neck, back, and spinal cord injuries that may even lead to paralysis
- Burn injuries
- Hip and knee injuries
- Broken bones and fractures
- Amputated limbs
- Pain and suffering including mental and emotional trauma, depression, and anxiety
Compensation Awarded in Personal Injury Claims
Victims of accidents involving a personal injury can file an injury claim to recover compensation for the physical, mental, and financial strain suffered by them. Damages awarded in a personal injury case in Indiana can be divided into three broad categories.
These include compensation for all the financial losses incurred by the victim. These damages are awarded to the victim to alleviate his or her financial strain. They may include:
- Medical expenses including hospital bills and costs of treatment, rehabilitation, and medicines
- Lost wages if the nature of the injuries keeps the victim out of work
- Property damage as compensation for any damage caused to the victim’s property or belongings
- Funeral costs are awarded to the victim’s family in case of his or her death
These damages are awarded to the victim to compensate for the physical and mental pain the victim may have gone through. They may include:
- Pain and suffering for the physical pain and mental suffering undergone by the victim.
- Loss of companionship if the nature of the injuries does not allow the victim to enjoy the benefits of married life or affects their relationship with their partner or children.
- Mental distress including the psychological illnesses that the victim may suffer due to the accident
These damages are awarded only in rare cases where the at-fault party has displayed excessive or gross negligence and recklessness. These damages are awarded to deter others from engaging in similar activities.
Comparative Fault System in Indiana
Indiana follows a modified comparative fault system while determining liability in personal injury cases. In simple terms, the liability of a party in a personal injury case will depend upon the percentage of fault or negligence attributed to the party by the court. Further, the state also follows the “51 percent” rule which means that the plaintiff may not be entitled to any compensation if the percentage of fault attributed is 51 percent or higher.
Statute of Limitations
Statute of limitations is the time that the victim has to file a personal injury lawsuit in court. In Indiana, the statute of limitations for personal injury claims runs for two years from the date of the accident.
Contact an Indiana Personal Injury Attorney
If you have suffered injuries in Indiana and are considering filing a personal injury claim, get in touch with our team of Indiana personal injury attorneys at Stewart & Stewart. Our team of seasoned attorneys will work tirelessly to get you the compensation that you deserve. We provide a free, no-obligation case review to the victims of personal injury cases.