IN
Back & spine settlements
in Indiana.
An old back injury does not cap an Indiana claim if you recovered from it. A homemaker with a prior disc herniation at L5-S1 won $2,727,958 after a highway rollover, and the Court of Appeals affirmed.
Facts that decide a back & spine claim in Indiana
| 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) |
| 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 |