Personal Injury Deposition in Indiana
A deposition is sworn out-of-court testimony taken during the discovery phase of yourIndiana personal injury case. What you say in a deposition is legally binding and can significantly impact your settlement outcome.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
$10,000 – $50,000
Avg Settlement
2 years
Filing Deadline
Deposition Tips for Indiana Injury Cases
Tell the Truth
You are under oath. Inconsistencies between deposition testimony and trial testimony destroy credibility and can sink your case.
Listen Carefully
Only answer the question asked. Do not volunteer information. If you do not understand a question, ask for clarification.
Take Your Time
Pause before answering. Your attorney can object before you respond. Never rush.
Say "I Don't Know"
If you genuinely do not remember or know, say so. Guessing can be used against you.
Review Records First
Review your medical records, accident report, and prior statements with your attorney before the deposition.
Fault Is Key
Under modified comparative fault (51% bar), any admission of fault can reduce or eliminate your recovery.
Indiana Law Overview
Indiana applies modified comparative fault with a 51% bar, barring recovery by plaintiffs who bear majority fault. The statute of limitations is 2 years for personal injury claims, with a separate 270-day notice requirement for government entity claims. Indiana does not require no-fault PIP coverage. Indiana's unique punitive damages structure requires 75% of any punitive award to be paid to the state's Violent Crime Victims Compensation Fund rather than to the plaintiff. Indiana courts see significant auto accident litigation on its dense interstate highway network, along with agricultural equipment and manufacturing workplace injury claims. Indiana follows the comparative fault rule even in product liability cases. Medical malpractice claims in Indiana must go through a Medical Review Panel process before trial, creating a mandatory pre-litigation step. The total recovery from a single healthcare provider in medical malpractice is capped at $1.65 million under the Indiana Medical Malpractice Act.