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★ Indiana · fracture

Fracture settlements
in Indiana.

By Reviewed by Abd Shanti, Founder9 min read

Indiana draws its fault line at exactly half. A woman with a fractured pelvis was found 50% at fault and still collected $2.5 million of a $5 million verdict. One more point of fault would have left her with nothing.

Facts that decide a fracture claim in Indiana

Fault ruleIf 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)
Winter parking lotsA jury may find for a property owner when a shopper slips on an unnoticed slick spot in a lot where no one saw snow or ice.Hall v. Eastland Mall (Ind. Ct. App. 2002)
Claims against public bodiesNotice 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
Deadline to sueAn 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)
united states · sister site
Your fracture claim in Indiana. See the number for your own case.

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★ IN · reported fracture outcomes

What Indiana courts have awarded.

Real Indiana decisions and verdicts, each linked to the court record or official report.

  • 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. She was in a coma, spent seven days on a ventilator, and needed two months of inpatient rehabilitation to walk again. The jury assessed her damages at $5 million and found her and the truck driver each 50% at fault, so judgment was entered for $2.5 million, which the Court of Appeals affirmed.

  • 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. No one in her group had noticed snow or ice when they arrived. The jury found for the mall and the Court of Appeals affirmed.

★ IN · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Indiana.

  1. 1

    Know where 50% sits. Lucas recovered half her damages at 50% fault. Under Ind. Code § 34-51-2-7, a finding of 51% would have required a verdict for the defense.

  2. 2

    Serious fractures with long rehabilitation justify large verdicts. The pelvic fractures in Marten Transport kept Lucas in a wheelchair while she relearned to walk, and she still had daily hip and back pain.

  3. 3

    Slip cases need proof the owner knew or should have known. Hall lost because the evidence did not show the mall had notice of the slick spot.

★ 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 →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · 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 →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · fracture →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · fracture →
★ IN · fracture · frequently asked

Common questions.

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

united states · sister site
Hurt in a car crash 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.

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Sources

Checked 2026-09-28.

★ all of IN
Indiana overview

Fault rule, statute, caps, and key facts for Indiana as a whole.

★ national frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Indiana. See /methodology, /sources, and /disclaimer.