Personal Injury Lawsuit in Indiana
Filing a personal injury lawsuit in Indiana is a structured legal process. Understanding the steps, deadlines, and modified comparative fault (51% bar) rules will help you make informed decisions about your case.
For informational purposes only. Not legal advice. Consult a licensed attorney.
2 years
Filing Deadline
Modified comparative fault (51% bar)
Fault System
At-Fault
Auto System
$10,000 – $50,000
Avg Settlement
Lawsuit Steps in Indiana
Hire an Attorney
Most personal injury attorneys in Indiana work on contingency — no upfront fees. They evaluate your case and advise on whether litigation makes sense.
Investigation & Evidence
Your attorney gathers medical records, accident reports, witness statements, and expert opinions to build the strongest possible case.
Demand & Negotiation
Before filing suit, your attorney typically sends a demand letter and attempts settlement. Most cases resolve without going to court.
File the Complaint
If negotiations fail, your attorney files a complaint in the appropriate Indiana court. You must file within 2 years of the injury.
Discovery
Both sides exchange evidence, take depositions, and may hire expert witnesses. Discovery typically takes 6–18 months.
Mediation / Trial
Most cases settle during or after discovery. If not, your case goes to trial before a judge or jury under Indiana court rules.
Key Indiana Law Facts
Indiana follows modified comparative fault with a 51% bar under Ind. Code § 34-51-2-6 — injured plaintiffs who are determined to be 51% or more responsible for the accident are barred from recovering any compensation in court.
The statute of limitations for most personal injury claims in Indiana is 2 years from the date of injury under Ind. Code § 34-11-2-4; claims against governmental entities require a 270-day notice of tort claim before a lawsuit may be filed.
Indiana caps punitive damages at the greater of 3 times compensatory damages or $50,000 under Ind. Code § 34-51-3-4, and requires 75% of any punitive award to be paid to the Violent Crime Victims Compensation Fund.