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Indiana · fracture

Fracture settlements
in Indiana.

By 6 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. For fracture claims specifically, the band is built from the state-by-state tort law · jury verdict reporters · statutory caps framework and then adjusted for Indiana's modified comparative — 51% bar and any applicable statutory cap.

Indiana applies modified comparative negligence with a 51% bar. A fracture claimant who is 50% at fault still recovers 50% of damages; one assigned 51% recovers nothing. This is slightly more claimant-friendly than the 50% bar applied in some neighbouring states, and it leaves room for negotiation in mixed-liability fracture cases where the comparative-fault split is close to even.

Indiana's caps (medical malpractice cap) apply to the non-economic component of fracture damages and can compress upper-tier verdicts. The exact application depends on the cause of action and the head of damage; the caps section on this page sets out each ceiling and the conditions under which it bites.

band · US federal frame
$15,000 – $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Indiana's fault rule and any applicable cap then adjust the figure.

IN · statute of limitations
2 years from date of injury

Ind. Code § 34-11-2-4

IN · fault rule
Modified comparative — 51% bar

Modified comparative — recovery barred at 51% claimant fault.

IN · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Indiana.

fracture · same region & fault regime

Compare to like jurisdictions.

How Indiana's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Indiana · you are hereModified comparative — 51% bar2 years from date of injury
IowaModified comparative — 51% bar2 years from date of injuryIA · fracture
KansasModified comparative — 50% bar2 years from date of injuryKS · fracture
MichiganModified comparative — 51% bar3 years from date of injuryMI · fracture
MinnesotaModified comparative — 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · fracture
NebraskaModified comparative — 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture
MassachusettsModified comparative — 51% bar3 years from date of injuryMA · fracture
MontanaModified comparative — 51% bar3 years from date of injuryMT · fracture
NevadaModified comparative — 51% bar2 years for personal injury; 3 years for medical malpracticeNV · fracture
New HampshireModified comparative — 51% bar3 years from date of injuryNH · fracture
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture
LouisianaPure comparative negligence1 year (la prescription) — extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · fracture
IN · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

editorial note

Figures on this page are starting points: the US band adjusted for Indiana's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Indiana. See /methodology, /sources, and /disclaimer.