Personal injury litigation is subject to different regulations in every state. To bring a case in Indiana it is very important that you consult an experienced Indiana personal injury lawyer, who can guide you through the states unique laws.
Personal injury litigation includes many types of action, including car accident cases, defective products cases and medical malpractice cases. A personal injury claim in Alabama can arise from negligence or intentional wrongdoing.
In Indiana you must prove four elements to win any negligence case:
1. The defendant owed you a duty
2. The defendant did not fulfill that duty
3. The defendants breach of duty resulted in your injuries
4. You suffered damages
Indiana follows the doctrine of modified comparative negligence. This means that a defendant is responsible for the proportion of the damages equal to their proportion of the blame in the injury. However, a plaintiff cannot recover if they were more at fault for the injury than the defendant
Indiana personal injury law follows the doctrine of several liability when determining liability between defendants. The doctrine of several liability means that each defendant is responsible to pay only for the share of the damages equal to their portion of the fault in the case. Under Indiana law if one defendant is unable to pay what they owe, other defendants cannot be held liable for this cost.
Indiana does not restrict the amount that can be awarded for punitive or non-economic damages.
In Indiana you have two years to file a personal injury lawsuit under the states statute of limitation.
If you are considering pursuing a claim in Indiana you need the counsel of a personal injury attorney who understands the nuances of Indiana law. The sooner you begin working with an attorney the easier it will be to build your case and reach a successful outcome.