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Looking for a reputable Indiana personal injury lawyer to take your case? Call RP Legal Group now.
Have you landed in the hospital after a nasty slip-and-fall accident or car accident? Maybe you’re badly hurt and unsure when you’ll be able to go home. You naturally want compensation for your injuries but don’t know where even to begin.
If this sounds like you, let RP Legal Group help. We proudly serve clients in Indianapolis, Carmel, Fort Wayne, Louisville, and other IN cities. Call us at (888) 340-7454 to schedule a free consultation now.
Have a look at some of our five-star reviews to discover why we’re Indiana’s premiere personal injury firm.
What To Know About Filing a Personal Injury Lawsuit in Indiana
Want to file a personal injury lawsuit but aren’t sure where to start? Our network of attorneys has you covered. Below, you’ll learn about time limits for filing a claim, damages caps, and how to file a claim with the correct circuit court.
How Long Do You Have To File a Claim?
Indiana generally gives you two years from the date of your injury to make a claim (Title 34, Art. 11, Chapter 2, § 34-11-2-4). This statute of limitations applies to:
- Car accidents
- Slip-and-fall accidents
- Dog bites
- Injuries caused by defective or dangerous products
- Medical malpractice
- Wrongful death
What if you didn’t immediately know that you were injured? In this case, Indiana’s discovery rule comes into play. Under this rule, the deadline is two years from the date you discovered your injury or the date you should have reasonably discovered the injury, whichever is earlier.
It is possible to delay the limitation period in the following circumstances:
- You are legally disabled
- The defendant commits fraud by concealing the claim from you
- The defendant doesn’t live in Indiana (this doesn’t apply if there is a business or person in Indiana to accept service of the lawsuit on behalf of the defendant)
The statute of limitations is much shorter for suits against the State of Indiana or subdivisions (towns, cities, etc.). If you wish to sue the state, you must notify the attorney general within 270 days of your injury. To sue an Indiana subdivision, you must give written notice of your claim within 180 days of your injury.
Indiana’s Modified Comparative Negligence Rule
Indiana, like many states, follows modified comparative negligence rules. Under modified comparative negligence, your damages are reduced by your amount of fault. You cannot recover any damages if you’re more than 50% at fault.
This is why you must hire an experienced Indiana personal injury lawyer for your case. They can gather evidence that proves you weren’t to blame for the accident, relieving you of that time-consuming burden when recovery should be your top priority.
Indiana Personal Injury Damages Caps
Indiana caps several types of personal injury damages. For suits against the government, damages cannot exceed:
- $700,000 for the injuries/death of an individual, and
- $5 million for all injuries/deaths in an accident
For medical malpractice cases, damages are capped at $1.8 million. Indiana law caps punitive damages (damages intended to punish the defendant) at $50,000 or three times your compensatory damages, whichever is greater.
How To File Your Lawsuit in Indiana
If your damages are less than $6,000, you can file your case in small claims court. Otherwise, you must file an action in civil or superior court. You may file your claim in any county, but the judge can move it to a different location if they deem it appropriate.
When you file, you’ll have to pay a filing fee. The fee is $97 for small claims and $157 for other civil actions. The court may waive the fee if paying it would cause you undue financial hardship.
To start your lawsuit, you must file a complaint. This document should include information about the accident and your injuries, the names of all parties involved, why you believe the defendant is responsible for your injuries, and your desired remedy.
Next, you’ll need to serve the defendant with a summons and a copy of the complaint. You don’t have to do this yourself; a process server will handle it for you.
For a free legal consultation with a Personal Injury lawyer serving Indiana, call 888-340-7454
Why Work With RP Legal Group for Your Personal Injury Case?
We know you have many options when it comes to picking an Indiana personal injury lawyer for your case. Here’s why you’ll love working with RP Legal Group:
- We don’t charge expensive fees for your first consultation with an attorney. Your first consultation is 100% free.
- We know accidents don’t only happen during business hours. That’s why we’re always available on nights, holidays, and weekends.
- All the attorneys in our network are members of the Indiana State Bar Association.
- We can help you determine the strength and value of your case. After your free consultation, you’ll know whether it’s worth pursuing a personal injury claim.
Learn more about us, then call to speak with an Indiana attorney now.
Personal Injury Lawyer Near Me 888-340-7454
Types of Personal Injury Cases We Handle in Indiana
Our attorneys handle all types of personal injury cases in Indiana, including:
- Auto accidents
- Rideshare accidents
- Pedestrian accidents
- Bicycle accidents
- Construction accidents
- Slip-and-fall accidents
- Dog bites
- Medical malpractice
- Wrongful death
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Contact an Indiana Personal Injury Accident Lawyer Now
For your free consultation with an IN personal injury lawyer, call RP Legal Group at (888) 340-7454.
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Frequently Asked Questions
Below, we’ve compiled answers to some frequently asked questions about personal injury in Indiana.
How Long Can You Wait To Sue in Indiana?
You have two years to file a personal injury suit in Indiana, but ideally, you should file as soon as you know you’re injured.
How Much Does It Cost To File an Appeal in Indiana?
It costs $250 to file an appeal if you’re not satisfied with the court’s initial decision.
Can You Sue for Emotional Distress in Indiana?
Indiana allows you to sue for emotional distress in some cases. Contact an Indiana personal injury lawyer to determine your eligibility.
For a free legal consultation with a Personal Injury lawyer serving your area, call 888-340-7454