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Looking for an Arabic personal injury lawyer near you in Indiana? Indiana deadlines, fault rules & damage caps explained by Arab injury attorneys. Trusted by Iraqi, Syrian, Lebanese, Palestinian, Yemeni & all Arab clients.
The statute of limitations is the deadline for filing a personal injury lawsuit in Indiana. Missing these deadlines can permanently bar your claim. Act quickly to protect your rights.
General deadline for injury lawsuits in Indiana
From date of death, not date of accident
Discovery rule may extend this deadline
For defective product injuries
For vehicle and property damage claims
Indiana has a 2-year statute of limitations for most personal injury claims under IC 34-11-2-4. Medical malpractice cases require filing a proposed complaint with the Indiana Department of Insurance before filing in court, and the 2-year clock may be extended by 90 days if a medical review panel proceeding is initiated. The discovery rule may toll the statute in cases where the injury was not immediately apparent.
Indiana uses modified comparative fault with a 51% bar (IC 34-51-2). You cannot recover damages if you are 51% or more at fault for the accident. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. For example, if you are 30% at fault and your damages are $100,000, you would recover $70,000.
Some states limit the amount of damages you can recover in personal injury cases. Understanding these caps is crucial for setting realistic expectations.
No general cap on non-economic damages for most personal injury cases
$50,000 or 3x compensatory damages, whichever is greater (75% goes to state Violent Crime Victims Fund)
$1,800,000 total cap (adjusted periodically) for all damages in medical malpractice under the Indiana Medical Malpractice Act
Indiana's medical malpractice cap is one of the most significant in the nation, limiting total damages (economic and non-economic combined). The first $500,000 is the responsibility of the healthcare provider; amounts above that up to the cap are paid from the Indiana Patient's Compensation Fund. Indiana's punitive damages are unique — 75% of any punitive award goes to the state, not the plaintiff.
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