Personal Injury Mediation in Indiana
Mediation is a voluntary, confidential process where a neutral mediator helps both sides reach a settlement without going to trial. In Indiana, mediation resolves the majority of personal injury cases and is significantly cheaper and faster than litigation.
For informational purposes only. Not legal advice. Consult a licensed attorney.
Modified comparative fault (51% bar)
Fault System
2 years
Filing Deadline
$10,000 – $50,000
Avg Settlement
How Mediation Works in Indiana
Select a Mediator
Both sides agree on a neutral mediator — typically a retired judge or experienced attorney in Indiana. Mediators are not decision-makers; they facilitate negotiation.
Opening Statements
Each side presents their position and key evidence. The mediator identifies areas of agreement and dispute.
Private Caucuses
The mediator meets privately with each side to explore settlement positions, discuss weaknesses, and carry offers back and forth.
Negotiation
Under modified comparative fault (51% bar), fault allocation is a key discussion point. The mediator helps both sides realistically assess litigation risk.
Settlement Agreement
If agreement is reached, a written settlement agreement is signed immediately. It is binding and typically releases all claims.
Indiana Injury 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.