What is the statute of limitations for personal injury claims in Indiana?

2 years from date of injury. Source: Ind. Code § 34-11-2-4. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).

Are there caps on damages in Indiana?

Yes — Indiana applies the following caps: Medical malpractice cap ($1.8M total ($500k from physician; remainder from Patient's Compensation Fund)) under Ind. Code § 34-18-14. See the caps section above for the conditions under which each applies.

Does Indiana operate a no-fault auto insurance scheme?

No. Indiana is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.

How are settlements typically valued in Indiana?

Practitioners and adjusters in Indiana value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.

Should I hire a Indiana attorney for a personal injury claim?

For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Indiana's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Indiana personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

★ US · Midwest

Personal injury in
Indiana.

By MyClaimWorth EditorialReviewed by Abd Shanti, FounderPublished 9 May 20267 min read

Indiana applies modified-51 comparative fault with a hard $1.8 million total recovery cap on medical malpractice, with the state's Patient's Compensation Fund paying any excess above the physician's $500,000 share.

Indiana operates modified comparative negligence with a 51% bar. Medical malpractice claims are capped at a total of $1.8 million; the defendant physician pays the first $500,000 and the state's Patient's Compensation Fund pays any excess up to the cap. The PI statute of limitations is two years.

united states · sister site

In the US? See what your case could be worth.

FairSettlement runs a free case check in about two minutes. Real settlement ranges for your state, no cost and no obligation.

Check my case

★ statute of limitations

2 years from date of injury

Ind. Code § 34-11-2-4

★ fault rule

Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault.

★ IN · statutory caps

What caps recovery.

Caps and ceilings imposed by Indiana law that bear on settlement values.

Medical malpractice cap
Med-mal
$1.8M total ($500k from physician; remainder from Patient's Compensation Fund)
Ind. Code § 34-18-14

★ IN · key facts

What makes Indiana different.

The handful of details that distinguish this jurisdiction from its neighbours.

Modified-51% bar
Hard $1.8M med-mal total cap
Patient's Compensation Fund pays excess
2-year SOL

★ IN · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Indiana law.

★ IN · court decisions

What Indiana courts have decided.

Reported Indiana decisions for each injury type, each with a link to the judgment and to the full injury guide.

Whiplash
Diehl v. Clemons
Court of Appeals of Indiana · 2014
$0 verdict reinstated
Lloyd Diehl rear ended Larry Clemons in 2010 and admitted fault, so the trial was about damages only.
whiplash in Indiana →
Back & spine
Berman v. Cannon
Court of Appeals of Indiana · 2007
$2,727,958.40 verdict, affirmed
In 1995 Harvey Berman’s car struck the Cannons’ van on I-65, sending it into the median where it rolled.
back & spine in Indiana →
Head & brain
Gomez v. Cochrane
Court of Appeals of Indiana · 2024
$2.5 million verdict, affirmed
Deborah Cochrane was stopped in an I-69 construction zone in 2017 when a tractor trailer hit the car behind her and drove it into hers.
head & brain in Indiana →
Head & brain
Sandberg Trucking v. Johnson
Court of Appeals of Indiana · 2017
$7.1 million damages, 30% fault, $2.13 million judgment
Brittany Johnson, 22, was hurt in a chain of crashes involving a stopped truck whose driver did not turn on his flashers.
head & brain in Indiana →
Fracture
Marten Transport v. Lucas
Court of Appeals of Indiana · 2017
$5 million verdict, 50% fault, $2.5 million judgment affirmed
A truck crash left Kathleen Lucas with several pelvic fractures, a lacerated bladder, three broken ribs, a collapsed lung and a concussion.
fracture in Indiana →
Fracture
Hall v. Eastland Mall
Court of Appeals of Indiana · 2002
Defense verdict affirmed
Visiting Evansville for a basketball tournament in January 1997, Debra Hall walked from the mall toward her van, slipped on something slick and wet between parked cars, and broke her ankle.
fracture in Indiana →
Medical negligence
Indiana Department of Insurance v. Everhart
Indiana Supreme Court · 2012
$1 million from the Patient’s Compensation Fund, affirmed
James Everhart died after a cardiac arrest, and the parties disputed whether it happened in the ambulance or at the hospital.
medical negligence in Indiana →
Workplace
PSI Energy v. Roberts
Indiana Supreme Court · 2005
$2.8 million and $1 million verdicts; PSI 13% at fault
William Roberts spent a 39 year career as an insulator for a contractor, much of it at PSI Energy power plants, and developed mesothelioma from asbestos insulation.
workplace in Indiana →

★ IN · rules that decide claims

The rules in Indiana.

Statutes and rulings that come up again and again in Indiana injury claims, each with its source.

Deadline to sue	An action for injury to person “must be commenced within two (2) years after the cause of action accrues.”Ind. Code § 34-11-2-4, as quoted in Stone v. Wright (Ind. Ct. App. 2019)
Fault rule	If the claimant’s fault is greater than 50% of the total fault, the jury must return a verdict for the defendant; at exactly 50% or less, damages are reduced by the claimant’s share.Ind. Code § 34-51-2-7(b)(2), as quoted in Evansville Automotive v. Fritchley (Ind. Ct. App. 2023)
Seat belt use	Since 1 July 2024, nonuse can reduce damages as a failure to mitigate for claimants 15 or older, but it is not evidence of fault.Ind. Code § 9-19-10-7 (HEA 1090, 2024), in the MyClaimWorth seat belt chart
Overturning a jury’s award	A judge who orders a new trial because damages are inadequate must make the specific findings Trial Rule 59(J) requires; without them, the jury verdict is reinstated.Diehl v. Clemons (Ind. Ct. App. 2014)
Claims against public bodies	Notice within 180 days for cities, counties and schools and 270 days for the State; damages capped at $700,000 per person.Ind. Code §§ 34-13-3-8, 34-13-3-6, 34-13-3-4, in the MyClaimWorth notice of claim chart
Prior injuries	Evidence that the plaintiff had fully recovered from an earlier back injury and led an active life supports damages for the new harm.Berman v. Cannon (Ind. Ct. App. 2007)
Lost earning capacity	A plaintiff who was not employed can still recover for lost earning capacity and household services when an economist gives a supported estimate.Berman v. Cannon (Ind. Ct. App. 2007)
Several defendants	The jury assigns each party a percentage of fault, and a defendant pays only its share of the total damages.Sandberg Trucking v. Johnson (Ind. Ct. App. 2017)

★ other US jurisdictions

Compare across United States.

How Indiana compares with its neighbours in the Midwest on fault rule and limitation period.

Jurisdiction	Fault rule	Limitation
Indiana· you are here	Modified comparative, 51% bar	2 years from date of injury
Illinois (IL)	Modified comparative, 51% bar	2 years from date of injury
Iowa (IA)	Modified comparative, 51% bar	2 years from date of injury
Kansas (KS)	Modified comparative, 50% bar	2 years from date of injury
Michigan (MI)	Modified comparative, 51% bar	3 years from date of injury
Minnesota (MN)	Modified comparative, 51% bar	6 years for personal injury (uncommonly long); 4 years for medical malpractice
Missouri (MO)	Pure comparative negligence	5 years for personal injury; 2 years for medical malpractice
Nebraska (NE)	Modified comparative, 50% bar	4 years for personal injury; 2 years for medical malpractice
North Dakota (ND)	Modified comparative, 50% bar	6 years for personal injury; 2 years for medical malpractice
Ohio (OH)	Modified comparative, 51% bar	2 years from date of injury
South Dakota (SD)	Slight versus gross negligence	3 years from date of injury
Wisconsin (WI)	Modified comparative, 51% bar	3 years from date of injury

Every United States jurisdiction compared

★ IN · frequently asked

Common questions.

Common questions about personal injury claims in Indiana, answered with the relevant statutory references.

What is the statute of limitations for personal injury claims in Indiana?
2 years from date of injury. Source: Ind. Code § 34-11-2-4. Filing after the period expires generally bars the claim absent a recognised tolling exception (minority, incapacity, or in some jurisdictions delayed discovery of the injury).
What fault rule applies in Indiana?
Modified comparative, 51% bar. Modified comparative, recovery barred at 51% claimant fault.
Are there caps on damages in Indiana?
Yes — Indiana applies the following caps: Medical malpractice cap ($1.8M total ($500k from physician; remainder from Patient's Compensation Fund)) under Ind. Code § 34-18-14. See the caps section above for the conditions under which each applies.
Does Indiana operate a no-fault auto insurance scheme?
No. Indiana is a traditional tort jurisdiction for auto claims. The at-fault driver's insurer is the primary source of recovery.
How are settlements typically valued in Indiana?
Practitioners and adjusters in Indiana value claims using the same building blocks applied across United States: medical specials, future care projections, lost earnings (past and future), and general damages for pain and suffering. The fault rule (modified comparative, 51% bar) and any applicable cap then adjust the gross figure. Caps in this state can compress the upper end of the band materially, particularly in catastrophic-injury cases.
Should I hire a Indiana attorney for a personal injury claim?
For anything beyond a clear soft-tissue claim with admitted liability and modest damages, yes. Indiana's fault rule and any applicable caps materially affect the calculus, and adjusters value represented claims significantly higher than unrepresented ones. Most Indiana personal injury attorneys work on contingency (no fee unless you recover), with fees typically in the 33–40% range.

united states · sister site

Injured in Indiana? See what your own claim could be worth.

FairSettlement, our US sister site, gives you a free estimate in about two minutes. No cost and no obligation.

Check my case

★ federal context

Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working

How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority

Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Indiana statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Indiana. See /methodology, /sources, and /disclaimer.

Personal injury inIndiana.

Personal injury in
Indiana.