Indianapolis Personal Injury Lawyers

While you should strongly consider working with a lawyer, as explained above, you might want to know some of the basics of how these cases work. Here’s a general overview of issues like how to prove liability, how long you have to file a claim, and what happens if you were partly at fault.

In Indiana, most personal injury cases revolve around the concept of negligence. Basically, this means that someone didn't take the proper precautions to avoid putting others at risk. In everyday life, this is usually judged by what a "reasonable person" would have done in the same situation. However, in certain cases like medical malpractice, the standards can be more specific. For these scenarios, you might need an expert to explain what the standard of care should have been and how the defendant failed to meet it.

If you were injured by an employee who was careless while doing their job, you might be able to hold their employer responsible through a rule called "vicarious liability." This means you don't have to prove that the employer did anything wrong. Also, there are situations where the employer could be directly at fault. For example, if the employer didn't take proper care in hiring, training, or supervising their employees, they might be held responsible for your injuries.

In certain cases, like some involving defective products, you might be able to use a theory called "strict liability." This can make it easier for you to prove your case. With strict liability, you don't have to show that the defendant didn't use reasonable care. Instead, you just need to prove that the defendant was responsible for a specific event or situation for which the law holds them strictly liable, and that this caused your injuries.

Another set of personal injury cases are called “intentional torts.” These cases involve deliberate actions that cause harm to someone else. Intentional torts can often be prosecuted as crimes, but even if the prosecutor doesn’t secure a conviction in the criminal case, you can still win a civil lawsuit. This is because the standards of proof are different. In a criminal case, the prosecutor must prove the charge beyond a reasonable doubt, which is quite challenging. In a personal injury lawsuit, however, you only need to prove your case by a preponderance of the evidence, meaning it’s “more likely than not” that the harm was caused by the defendant. This is a much easier standard to meet, making it more likely for you to succeed in your civil case.

If you're considering filing a personal injury case in Indiana, it's crucial to act within the statute of limitations. Generally, you have two years from the date of the injury to file your lawsuit. This same two-year period also applies to wrongful death cases after a fatal accident. If you miss this deadline, the defendant can likely have your case dismissed, regardless of how much at fault they were or how serious your damages are. While there are some exceptions to the statute of limitations, they are rare.

Even if the statute of limitations weren’t an issue, it still would be a good idea to start your case as soon as possible. Waiting too long can make it harder to gather the evidence you need. Witnesses' memories can fade, and important records like surveillance footage might not be kept for long.

It's natural to worry about what happens if you were partly at fault for an accident. Different states handle this in different ways, but Indiana follows a rule called modified comparative negligence. Under this rule, you can still receive compensation for your injuries as long as you were less than 51 percent at fault. For example, if you were found to be 25 percent at fault for the accident, you could still recover 75 percent of your damages. However, if you were 55 percent at fault, you wouldn't be able to recover anything.

In some states, there are limits on the amount of money you can receive in personal injury cases, known as damages caps. While Indiana doesn't have a general cap on damages, there are specific situations where caps do apply. For instance, there are caps on damages in medical malpractice cases and in lawsuits against government agencies. Punitive damages, which are meant to punish the defendant and discourage similar behavior in the future, also have a cap in Indiana. In addition, some types of wrongful death damages are capped in cases involving certain victims.

Special rules apply if you’re suing the government. One of the most important rules to keep in mind is the notice of claim deadline. If you’re bringing a claim against the state, you have 270 days to file a notice of claim, which describes key facts like the extent of your injuries, the events leading to them, and the damages that you’re seeking. The deadline for the notice of claim is 180 days if you’re suing a local government.

Going through a personal injury lawsuit can be a long and expensive effort. Since the outcome is never assured, even a solid case may not turn out as you expect. Many people decide to work out a settlement with the party at fault or their insurance provider. In such an agreement, the injured individual gives up the right to sue in exchange for a specific payout, avoiding the uncertainty of letting a jury determine the outcome.

Choosing to settle has other upsides as well. It typically happens sooner than a trial, saving you effort and money. You also gain quicker access to compensation for damages like medical care and missed wages, helping you focus on recovery rather than worrying about bills. Still, it’s wise to think carefully before accepting an initial offer. Insurance carriers often start low to keep their costs down, and it’s important to check whether the amount adequately covers both immediate and longer-range needs.

Moving to finalize a deal too soon can result in missing out on potential future damages. If your injuries are extensive, waiting may be best so that you can fully understand lingering physical issues or any effects on your work and leisure activities. Once a settlement is concluded, there’s generally no chance to request further payment.

Having a lawyer on your side is generally wise, but it becomes absolutely essential if you’re dealing with pushback from insurance providers or aiming for substantial compensation after a serious injury. The other side typically has attorneys skilled at minimizing payouts, so having your own representation helps protect your interests.

Your lawyer will gather evidence to establish who’s responsible and demonstrate both the financial and personal toll of your injuries. This might involve photos, videos, witness accounts, medical files, and records of treatment costs or lost wages. Specialists could describe ongoing medical needs or detail how your condition might affect your job and everyday activities. People close to you can also help illustrate the toll on your overall well-being.

When settlement conversations begin, your lawyer’s guidance is invaluable in determining if a proposal is fair. They’ll explain the pros and cons, but you get the final say on whether to settle or continue through litigation.

If the matter heads toward trial, your attorney’s role remains crucial. They’ll help select jurors, submit evidence, cross-examine witnesses, and present strategic arguments on your behalf. Handing tasks like these to a skilled professional not only avoids the risk of unnecessary mistakes but also gives you room to focus on getting better.

Selecting a personal injury lawyer in Indianapolis or the areas around it may feel daunting, given all the options. Tools such as the Justia Lawyer Directory can help you narrow the field and find someone suited to your situation.

Familiarity with the specific issue at hand is crucial. If you’re worried about a delayed medical diagnosis, for instance, look for an attorney with a solid background in medical malpractice. If a defective household appliance caught fire and burned you, you’ll want to find a lawyer who has handled products liability cases.

Law firms often promote their wins, but these statistics are just one factor to consider. Client reviews can indicate how an attorney communicates and treats those who’ve been hurt. Similarly, praise from other attorneys can suggest strong skills and esteem within the field.

It’s a good precaution to check the Indiana State Bar Association for any past disciplinary actions. A small misstep may not be cause for alarm, but serious or repeated problems are a concern. You don’t want your claim jeopardized by professional mistakes.

Personal injury lawyers usually offer free consultations, which let you assess both their expertise and whether you feel comfortable talking with them. Trust, openness, and a good rapport are vital to a productive attorney-client relationship.

Serious and potentially permanent injuries can occur in many situations. Perhaps the most familiar example is a motor vehicle collision, which might involve any combination of cars, trucks, motorcycles, bicycles, and pedestrians. Some other common incidents that can result in personal injury lawsuits include:

• Medical malpractice, when a healthcare provider doesn’t meet the applicable standard of care in their field
• Slip or trip and falls when a property owner doesn’t do enough to address hazards on their property
• Harm caused by a product that had a defect in its manufacturing or design, or that lacked adequate warnings
• Negligence or even abuse in nursing homes
• Assault, sexual assault, and other violent crimes
• Dog bites and other animal attacks

If you get injured on the job in Indiana, you can likely receive benefits through the state workers' compensation system. The good news is that you don't need to prove your employer was at fault to get these benefits. However, there's a tradeoff: workers' comp generally prevents you from suing your employer for personal injury damages, which can cover more types of harm than workers' comp benefits do. But there's another option if someone else played a part in your accident. For instance, if a defective tool or piece of equipment caused your injury, you might be able to pursue a personal injury claim against the manufacturer or another third party. This way, you can potentially recover additional damages that workers' comp doesn't cover.

A study recently conducted by Jury Verdict Research found that Indiana personal injury plaintiffs received damages in 57% of the jury trials reviewed by the study. The median award in these cases was about $25,000. Be aware that the median is different from the average. It’s the number that’s higher than half the jury verdicts and lower than the other half. The average can be less helpful in these situations because a very small number of very high awards can produce an average that doesn’t really reflect the typical claim.

Here are some notable awards in recent Indiana personal injury verdicts and settlements:

• $42.5 million when a motorcyclist suffered brain injuries and a partial foot amputation after a driver turned left across double yellow lines
• $2.1 million in a birth injury case involving a brain injury caused by a loss of oxygen when the defendant failed to diagnose and respond to nuchal cord complications
• $300,000 when a radiation oncologist allegedly exposed a patient to excessive radiation, causing vaginal and rectal necrosis
• $125,000 (reduced to $82,000 for comparative negligence) when the injured person was struck by a driver who failed to yield when making a left turn, causing soft tissue injuries
• $25,000 for a victim who suffered neck and back injuries when he was rear-ended while he was stopped at a red light
• $14,000 for a five-year-old boy who slipped and fell on a wet bathroom floor at a public school in Marion County

However, it’s best to talk to your attorney about the damages that you might recover in your personal injury case. They’ll be able to provide an estimate specific to your situation, based on their knowledge and experience.

According to data from the Indiana University Public Policy Institute, there were 30,017 car accidents in Indianapolis in 2023. These included 2,082 crashes related to speeding, 246 crashes related to drunk driving, and 304 crashes involving motorcycles. Meanwhile, the Indianapolis Metropolitan Planning Organization provides statistics on fatal and incapacitating crashes. It found that 2,211 incapacitating crashes and 123 fatal crashes occurred in Indianapolis in 2023. Most of these crashes were vehicle crashes, but 41 were pedalcyclist crashes, and 190 were pedestrian crashes.

In Marion County more generally, the Indiana University Public Policy Institute reported that there were 36,662 crashes in 2023, including 2,634 crashes related to speeding, 296 crashes related to drunk driving, and 351 crashes involving motorcycles. The IMPO reported only 65 incapacitating crashes and six fatal crashes beyond those in Indianapolis. Among these crashes, there were no additional pedalcyclist crashes and only six additional pedestrian crashes.

The IMPO also conducted a safety study of many high-crash intersections in Indianapolis in 2023. These included:

• Moller Road and 38th Street (237 crashes)
• Emerson Avenue and East County Line Road (229 crashes)
• Lynhurst Drive and 10th Street (151 crashes)
• High School Road and Crawfordsville Road (134 crashes)
• Mitthoefer Road and 38th Street (117 crashes)
• Girls School Road and 10th Street (109 crashes)
• Post Road and 30th Street (100 crashes)
• Shadeland Avenue and 30th Street (96 crashes)
• Emerson Avenue and 30th Street (88 crashes)
• North Emerson Avenue and East Main Street (86 crashes)

While it’s good to be aware of intersections that have an elevated risk of crashes, you should always use caution at an intersection in the Indianapolis area. You might have many different vehicles, people, and hazards in your vicinity, and even a brief lapse in attention could cause a serious crash.

If you were involved in a motor vehicle collision in Indianapolis, you’ll probably want to get a copy of the report created by the police officer who came to the scene. This can provide useful evidence for any claim or lawsuit that you decide to pursue. You can get your accident report online at buycrash.com, or you can ask for a copy of your accident report in person at 50 North Alabama Street, E100. This office is open from 8 AM to 4 PM from Monday through Friday. You’ll need to pay $12 and provide information such as when and where the accident happened.

If you suspect that a doctor may have engaged in malpractice, you can report the incident to the Indiana Medical Board. This is responsible for licensing physicians and disciplining them for misconduct. (This isn’t the same as filing a lawsuit, and you won’t get compensated from the Medical Board.) Meanwhile, if you think that a nursing home or another licensed health care facility has violated a regulation, you can file a complaint through the Health Care Facility Complaint Program operated by the Indiana Department of Health.

People who have been affected by a violent crime may want to get help from the Victim Assistance Unit in the Indianapolis Police Department, or the Victim Services Division in the Indiana Criminal Justice Institute. Among the resources that the ICJI provides is the Indiana Violent Crime Victim Compensation Program. This can help certain victims get reimbursed for costs such as medical expenses and lost income.

After an accident on the job, you might want to explore the resources provided by the Workers’ Compensation Board of Indiana. These include basic information about eligibility, as well as key forms and assistance with finding an attorney to help bring your workers’ comp claim.

1. Should I still see a doctor if I don’t seem to have visible injuries?

   It's important to see a doctor after an accident, even if you don't notice any injuries or feel severe pain right away. Some injuries might not be immediately apparent but can become serious if left untreated. Getting checked out by a medical professional helps ensure that any hidden injuries are identified and treated promptly. Also, seeing a doctor creates a medical record of your injuries, which can be very helpful if you decide to file a claim or lawsuit later.

2. How much is my personal injury case worth?

   The value of a case depends on its specific facts. In general, though, you can get compensated for your medical bills, lost income, and any other out-of-pocket costs resulting from your injuries. You can even get compensated for future medical expenses and lost earning capacity to the extent that these losses can be reasonably quantified. In addition, your award will account for pain and suffering, mental anguish, loss of enjoyment of life, and other intangible effects of the accident. (Damages caps apply in some cases, such as medical malpractice lawsuits.)

3. How much will I need to pay my personal injury lawyer?

   Your attorney will likely handle your case on a contingency fee basis. This means they only get paid if they win money for you. They’ll take a percentage of the settlement or verdict. Typically, this fee ranges from 25% to 40%. If your case goes to trial, you might need to pay a higher percentage than you would otherwise because trials require more time and effort from your attorney. But if they don’t win any money for you, you won’t owe them any fees.

4. Who can bring a wrongful death lawsuit in Indiana?

   Only the personal representative of the victim’s estate can bring a wrongful death lawsuit if the victim was an adult. (This is the person in charge of managing their estate.) If the victim was a child, the parents or guardian of the victim can bring the lawsuit.

5. Can I sue a bar who served a drunk driver who hit me?

   In Indiana, you can take legal action against a bar that served a drunk driver if they knew the driver was visibly intoxicated at the time. This law also extends to social hosts, meaning you can sue someone who served alcohol to the driver while knowing they were already intoxicated.