Modified Comparative Negligence (51% Bar)
Indiana follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
No Cap
No limit on non-economic damages
2 years for personal injury
Deadline to file your lawsuit
Indiana follows modified comparative negligence with a 51% bar. Plaintiff can recover if 50% or less at fault; damages reduced proportionally. If plaintiff is 51% or more at fault, recovery is completely barred.
Example:
If plaintiff is 30% at fault for $100k damages, they recover $70,000. If plaintiff is 51% or more at fault, they recover $0.
Additional research needed for specific cap amounts
$0
Based on reported cases in Indiana
50,199
Personal injury lawsuits per year
Indiana follows modified comparative negligence with a 51% bar rule. The Huffman v. Indiana Office of Environmental Adjudication (2011) case addressed liability standards in environmental contamination cases.
Indiana has been significant in medical device litigation, with cases against device manufacturers headquartered in the state. The DePuy hip replacement litigation involved many Indiana plaintiffs.
The Indiana State Fair stage collapse in 2011 resulted in numerous wrongful death and injury claims, producing settlements for victims of the Sugarland concert tragedy.
Indiana personal injury cases are filed in Superior Court or Circuit Court depending on the county. Marion County (Indianapolis) has the busiest civil docket.
Indiana follows the Indiana Trial Rules. The state uses automatic disclosure requirements and mandatory provisional discovery planning.
Indiana has the Medical Malpractice Act requiring cases go through a Medical Review Panel before filing suit. This adds a preliminary step to medical negligence cases.
Indiana attorneys are licensed by the Indiana Supreme Court. For medical malpractice, experience with the Medical Review Panel process is essential.
The Indiana Trial Lawyers Association is the state's primary plaintiff attorney organization. Members understand Indiana's unique medical malpractice procedures.
Indiana caps medical malpractice damages at $1.8 million (with adjustments). Contingency fees typically range from 33-40%.
Indiana's statute of limitations for personal injury is 2 years under Ind. Code § 34-11-2-4. This applies to most negligence claims.
Medical malpractice has a 2-year statute of limitations from occurrence or discovery, with a maximum of 4 years. Claims against Indiana government entities have a 270-day notice requirement.
This calculator provides estimates only and is not legal advice. Laws in Indiana are complex and individual case results vary. Consult a licensed Indiana attorney for advice specific to your case.