Indiana Personal Injury Lawsuit
Should I File a Personal Injury Lawsuit?
Filing a personal injury lawsuit is a big step that requires time and commitment. It’s not for everyone, but the benefits include holding responsible parties accountable for their actions and recovering damages for your expenses.
If you are considering filing a lawsuit but don’t know if you have a case, talk to an Indiana personal injury lawyer. A lawyer can answer your questions and provide expert advice on several relevant issues:
- What your legal rights and options are
- The best course of action for your situation
- Filing a claim with an insurer
- The amount of compensation you can reasonably request
- How to prove negligence in your case
- If it makes sense to file a lawsuit and the likely outcome
If a lawyer believes you have a case for a lawsuit, the ultimate decision to file is yours. Listen to your lawyer’s advice and make the choices that most benefits you.
When it is Too Late to File a Personal Injury Lawsuit in Indiana?
All states put a time limit on filing. Indiana’s statute of limitations for personal injury lawsuits is two years. You have just two years from the time of the incident, when you incurred injuries and damages, to file.
How Will My Lawyer Prove My Case?
Proving negligence and liability in personal injury cases is largely the same across all states. There are four main things that your lawyer must prove:
- The defendant had a duty to act a certain way, such as obeying traffic laws when driving.
- The defendant breached that duty, for instance, in failing to stop at a red light.
- The defendant’s breach caused your injuries, as in colliding with your car in the intersection.
- The injuries cost you significant damages, like medical expenses or emotional trauma.
Your lawyer will need as much information as you can provide to prove negligence and liability for the resulting expenses. They will investigate the incident, talk to witnesses and experts, and gather evidence.
How Does an Indiana Personal Injury Lawsuit Work?
A civil lawsuit follows certain steps that are similar in most state court systems. In Indiana, personal injury lawsuits go through most or all of these steps:
- The complaint
The complaint is the official start of a lawsuit. Your lawyer will file it with the appropriate Indiana court. It will notify the courts but also the defendants and trigger the beginning of the discovery period. - Discovery
During the discovery period, your lawyer and the defendants’ lawyers investigate the incident and build a case. They share information as well and hold depositions. - Negotiations
In most cases, both sides are willing to move from discovery to pre-trial negotiations. This allows you the chance to settle without going to trial. It benefits you because you get compensated sooner. For the defendants, it means not risking a bigger jury award. - Trial
Most personal injury cases in Indiana settle out of court, but when the sides cannot agree, they go to court. It’s your decision to go to trial, where your lawyer will present your case and try to convince the jury to award you monetary damages. - Appeals
The other side can appeal a decision in your favor, taking it to a higher court. Your lawyer will have to continue to fight your case, and your compensation will be delayed.
How Much Can I Recover from My Lawsuit?
No one, not even the best personal injury lawyers, can guarantee the amount of money you recover in a lawsuit or settlement. Your lawyer can give you a reasonable estimate. Settlements and jury awards are based on:
- The severity of injuries and recovery time
- Any permanent disabilities or disfigurement
- Diminished ability to work, or inability to work at all
- Medical bills and future medical expenses
- Future care costs
- Lost wages and lost future income
- Non-monetary harm and damage, such as pain, trauma, loss of companionship
The harm with no strict monetary cost is known as non-economic damages. Some states limit this, but Indiana does not.
Examples of Indiana Personal Injury Lawsuits
Outcomes of personal injury lawsuits vary and are not strictly predictable. Your lawyer can give you a good idea of what will happen. Examples of other Indiana lawsuits can also help you see what is possible:
- Monsanto Settlement Aids Indiana Farmers. Monsanto settled with plaintiffs for $2 billion over cancer caused by exposure to herbicide Roundup. Many people who used Roundup for years developed non-Hodgkin’s lymphoma later. The class action settlement covers a lot of people, including Indiana farmers like Aaron Sheller, one of the plaintiffs.[1]
- Indianapolis Police Settle for More Than $16 Million over Five Years. The Indianapolis Metropolitan Police Department often settles cases with victims and their families, costing taxpayers millions. Many of the settlements are over excessive force used against suspects, including Black Lives Matter protesters.[2]
- $1.2 Million for Family of Girl Killed in Police Chase. The family of a 13-year-old girl killed in a police chase sued the departments of East Chicago and Hammond. The family went through several mediations to get the settlement, an amount typically capped in Indiana because the damages resulted from a government entity.[3]
- $66 Million for Patients Given Unnecessary Medical Treatments. A class action from northwest Indiana settled in 2020 for $66 million. The plaintiffs were given pacemakers, defibrillators, and other serious heart treatments and procedures they didn’t need. They sued the doctor responsible and the Community Hospital of Munster.[4]
A personal injury lawsuit is an essential way for victims of negligence to seek justice. They suffered harm at the hands of someone else’s mistakes and poor judgment and took action. If you want to file a personal injury lawsuit in Indiana, contact an experienced personal injury lawyer.