Personal Injury Claims In Indiana–Settlements, Verdicts, And Your Rights
Whether you have been in a car, truck, or slip-and-fall accident, it is important to know the personal injury laws in Indiana to move forward. Being aware of the laws is necessary to determine liability, and determining liability is required to file an accident claim.
After you have suffered an injury in an Indiana accident, it is best to hand over the case to an experienced Fort Wayne personal injury lawyer. This is because they have worked with various clients and know the ins and outs of the industry. They also know the average settlements.
It is easy to be fooled by the insurance company when you are not an industry expert. This article will explore Indiana’s personal injury laws and discuss some examples of settlement cases.
Understanding Indiana Personal Injury awards
Before understanding how Indiana personal injury awards are determined, it is important to know how one can get compensated after an accident. There are two ways to get compensated– through a verdict and, the other, a settlement.
Generally speaking, a verdict is the result of a course case or trial, and a settlement is the result of a negotiation between the parties involved in the accident. One happens in the courtroom, while the other takes place inside closed walls. Parties have more flexibility and freedom in the latter option, while an Indiana verdict can be highly unpredictable.
In Indiana, car accident settlements depend on the unique details of your case. This includes the seriousness of your injuries, property damage, lost income, medical bills, and the impact of loss of quality of life.
Indiana personal injury laws to know
In Indiana, most personal injury cases get resolved before they even reach the courtroom. They are solved through negotiation between the parties and their respective lawyers. If the parties face difficulties in finding a common ground, a mediator may be hired.
The process of mediation involves a neutral third party, a mediator, who facilitates conversation between the two parties. If the negotiation is not successful, you have the right to file a lawsuit in Indiana’s “tort” system, at the end of which the responsible party becomes financially accountable for the victim’s injuries.
Keeping Indiana’s comparative fault rule in mind, you can lose compensation if you are found to have even a single percentage of fault. This means that if the liable party owes you $10,000 and it is found that you were 10% at fault for the accident, you lose 10% of the compensation amount. Thus, you only get $9,000.
Further, Indiana has damage caps or limitations on settlement amounts. In most cases, the total compensation cannot exceed $1.25 million. For lawsuits against the Indiana government, the cap is set at $700,000.
Recent Indiana verdicts and settlements
Here are some examples of recent Indiana verdicts and settlements:
- $42,500,000 Verdict (2024 Lake County): This accident occurred when a Tesla employee recklessly made a left turn across double yellow lines to bypass a gas station queue. Due to the severity of the brain injuries and partial leg amputation, they were awarded a huge settlement.
- $25,000 Verdict (2023 Lake County): In this case, the plaintiff suffered from a herniated disc, acute cervical strain, and lower back pain radiating in their hips. The accident occurred when the defendant rear-ended the victim at a red light at an intersection.
- $100,000 Verdict (2022 Marion County): The accident occurred when the defendant rear-ended a still police vehicle. The plaintiff, who was a police officer, suffered from injuries and filed for damages. The case went to trial, and the jury awarded the plaintiff $100,000 for injuries and lost wages.
Talk to your lawyer!
Handling personal injury settlements is not easy, but that does not mean you should not fight for your rights. If you have been in an accident in Indiana, do not hesitate to talk to an attorney.
