Indiana Personal Injury Law Resources

Indiana presents a mixed landscape for personal injury plaintiffs. While the state has no general caps on compensatory damages in most private personal injury cases, it does impose significant caps in two important areas: medical malpractice ($1.8 million total) and government liability ($700,000 per person / $5 million per occurrence). Indiana also caps punitive damages at three times compensatory damages and has a strict 270-day notice requirement for government tort claims. The state follows modified comparative fault with a 51% bar.

Statute of Limitations

Indiana's general personal injury statute of limitations is two years from the date of injury under Ind. Code § 34-11-2-4. This applies to most negligence-based claims including motor vehicle accidents, slip-and-fall injuries, premises liability, and general negligence.

Specific Deadlines

Wrongful death: Two years from the date of death (not the date of injury).

Medical malpractice: Two years from the date of the malpractice. For children younger than six years old at the time of injury, the deadline extends to the child's eighth birthday.

Product liability: Two years from the date of injury, subject to a ten-year statute of repose from the date the product was first delivered to the initial user or consumer. Claims arising between eight and ten years after delivery must be filed within two years of accrual.

Asbestos exposure: Two years from the date the plaintiff first knew they suffered an asbestos-related injury or illness not from the date of exposure.

Discovery Rule

Indiana applies the discovery rule in appropriate cases, meaning the statute of limitations may not begin running until the plaintiff knew or should have known through reasonable diligence that they suffered harm due to tortious conduct.

Tolling

The statute is tolled for individuals under a legal disability (under age 18 or mentally incapacitated) until the disability is removed. The statute is also tolled during any period the defendant is a nonresident of Indiana (unless the defendant maintains an agent for service of process in the state), and when the defendant has concealed their liability.

Government Claims 270-Day Tort Claims Notice

Claims against Indiana state or local government entities require strict compliance with the Indiana Tort Claims Act (Ind. Code § 34-13-3). A written notice of tort claim must be filed within 270 days (approximately 9 months) of the loss. This notice must be sent to the governing body of the political subdivision. Failure to provide timely notice is a jurisdictional bar that will prevent the claim from proceeding.

Modified Comparative Fault (51% Bar)

Indiana follows a modified comparative fault rule under Ind. Code § 34-51-2-6. A plaintiff can recover damages as long as their fault does not reach 51%. If the plaintiff's share of fault is 51% or more, they are completely barred from recovery.

When the plaintiff's fault is 50% or less, damages are reduced proportionally. A plaintiff found 25% at fault with $50,000 in damages would recover $37,500.

Damage Caps

No General Cap on Compensatory Damages

Indiana does not cap compensatory damages (economic or non-economic) in most private personal injury cases. There is no statutory limit on medical expenses, lost wages, pain and suffering, or loss of enjoyment of life in standard negligence cases.

Medical Malpractice $1.8 Million Total Cap

Indiana's Medical Malpractice Act imposes a total cap on all damages (economic and non-economic combined) in medical malpractice cases. For acts of malpractice occurring after June 30, 2019, the total cap is $1.8 million (Ind. Code § 34-18-14-3).

Each individual healthcare provider's liability is capped at $500,000. Any award above that amount (up to the $1.8 million total) is paid from the state Patient's Compensation Fund, which qualified healthcare providers pay into. This system requires plaintiffs to first present claims to a medical review panel before filing suit.

Punitive Damages 3× Cap with State Allocation

Indiana caps punitive damages at the greater of $50,000 or three times the total compensatory damages awarded (Ind. Code § 34-51-3-6). Importantly, the plaintiff receives only 25% of any punitive damage award the remaining 75% is deposited into Indiana's Violent Crime Victims Compensation Fund.

Punitive damages are not available in claims against the government.

Government Liability Caps

Under the Indiana Tort Claims Act:

• $700,000 maximum for injury to or death of one person in one occurrence (for claims accruing on or after January 1, 2008)
• $5,000,000 maximum for all injuries and deaths in one occurrence

Wrongful Death Limited Cap for Certain Decedents

Indiana limits wrongful death damages to $300,000 when the deceased person was unmarried, age 23 or older, and had no dependents. If the deceased was under 20, was a student between 20 and 23, or had dependents, there is no cap on wrongful death damages.

Auto Insurance Requirements

Indiana is an at-fault (tort) state. The driver who caused the accident bears financial responsibility for the other party's injuries and damages.

Indiana's minimum auto liability insurance requirements are 25/50/25:

• $25,000 per person for bodily injury
• $50,000 per accident for bodily injury
• $25,000 per accident for property damage

Uninsured/Underinsured Motorist Coverage

Indiana auto policies must include UM/UIM coverage at 25/50 minimums unless the policyholder rejects it in writing. If not affirmatively rejected, UM/UIM coverage is automatically included.

No-Pay, No-Play Law

Indiana has a "no pay, no play" law (Ind. Code § 27-7-5.1-5) that bars uninsured drivers from recovering non-economic damages (pain and suffering) if they were driving without insurance at the time of the crash and have a previous financial responsibility violation. This can dramatically reduce the value of an injury claim.

Diminished Value State

Indiana is a diminished value state, allowing drivers to recover the loss in their vehicle's resale value after an accident from the at-fault party's insurer. The statute of limitations for diminished value claims is six years.

No PIP Requirement

Indiana does not require Personal Injury Protection (PIP). Optional Medical Payments (MedPay) coverage is available.

Where Personal Injury Cases Are Filed

Personal injury lawsuits in Indiana are filed in Circuit Court or Superior Court, which serve as the state's trial courts of general jurisdiction. Indiana has 92 counties, each with its own circuit court. Venue is generally proper in the county where the defendant resides or where the injury occurred.

Small Claims Courts handle cases up to $10,000 (or $8,000 in Marion County).

Marion County (Indianapolis) handles the largest volume of personal injury litigation in the state, and Lake County (Gary/Hammond) is also known for active trial dockets with notable verdicts.

Common Types of Personal Injury Cases in Indiana

Indiana's central location as a major transportation crossroads, manufacturing economy, and motorsports culture generate diverse personal injury litigation. Common case types include motor vehicle accidents (particularly on I-65, I-70, I-69, and I-465), semi-truck and commercial vehicle accidents (Indiana is a major freight corridor), motorcycle injuries, premises liability, medical malpractice, product liability, construction accidents, nursing home abuse, wrongful death, dog bites, workplace injuries, agricultural accidents, and recreational injuries. The Indianapolis Motor Speedway and motorsports culture also create unique liability considerations in the region.

This page provides general legal information about Indiana personal injury law and is not a substitute for professional legal advice. If you have been injured, consult with a qualified personal injury attorney licensed in Indiana to discuss the specific facts of your case.