If you finally decided to bring a civil lawsuit against those responsible for your injuries, there are certain Indiana personal injury laws you’ll need to be aware of.
This includes how long you’ll have to file your suit, how the insurance company will handle your claim, and what happens when you are partially responsible for the accident in question. Continue reading to learn more about Indiana laws that will apply to your personal injury claim.
The Statute of Limitations
To begin, when you are preparing to file a personal injury claim, you should know that there is a time limit.
In Indiana, the statute of limitations for personal injury claims is only two years from the date the accident occurred or the date you were diagnosed with an injury that stems from the accident you were involved in. This time limit is reduced to to as little as 180 days when your claim will be against a government agency.
Building a winning personal injury case can take time, and you and your lawyer will need as much time as you can get to obtain supporting evidence and consider all of your losses in detail so you don’t settle for less than you’re entitled to. If you’ve decided to hold the liable parties accountable for their actions, act quickly and reach out to an experienced personal injury lawyer who can help win your case.
Your Auto Insurance Coverage
Dealing with the insurance company after you’ve been injured in a motor vehicle accident can be difficult, to say the least. Indiana is a fault state for auto insurance. This means you will pursue compensation for an auto accident through the at-fault driver’s insurer.
This is opposed to a no-fault state for auto insurance, where every driver is required to carry personal injury protection (PIP) auto insurance. PIP allows drivers to file a claim with their own insurance company, which will cover medical expenses and property damage up to policy limits.
How Fault Is Determined in an Accident
In order for your Indiana personal injury claim to be successful, we will need to establish that someone else was at fault for your injuries. Indiana uses modified comparative negligence laws to determine fault in an accident.
If you are partially responsible for the accident, you can still file a claim against the at-fault party, However, your award will be reduced based on the percentage of blame you hold.
For example, if you were awarded a sum of $100,000 but were found to be 25 percent responsible for the accident, you would walk away with a final award of $75,000—25 percent less than your initial award. In addition, once you exceed the 50 percent threshold of liability, you will no longer be able to obtain compensation from the other liable party.
Talk to an Indianapolis Personal Injury Lawyer
Indiana’s personal injury laws are complex. But with an experienced Indiana personal injury lawyer at Kooi Law on your side, you have a better chance of being successful with your case. Contact our office at (317) 569-1335 or fill out the quick contact form below to schedule a free consultation today.
