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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.

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 · neighbouring jurisdictions

Compare to neighbours.

How Indiana's fault rule and limitation period compare to other US jurisdictions for fracture claims.

JurisdictionFault ruleLimitationFracture page
Indiana · you are hereModified comparative — 51% bar2 years from date of injury
AlabamaPure contributory negligence2 years from date of injuryAL · fracture
AlaskaPure comparative negligence2 years from date of injury or discoveryAK · fracture
ArizonaPure comparative negligence2 years from date of injuryAZ · fracture
ArkansasModified comparative — 50% bar3 years for personal injury; 2 years for medical malpracticeAR · fracture
CaliforniaPure comparative negligence2 years for personal injury; 1 year for medical malpractice (with 3-year repose)CA · fracture
ColoradoModified comparative — 50% bar2 years for personal injury; 3 years for motor vehicleCO · fracture
ConnecticutModified comparative — 51% bar2 years from date of injuryCT · fracture
DelawareModified comparative — 51% bar2 years from date of injuryDE · fracture
District of ColumbiaPure contributory negligence3 years from date of injuryDC · fracture
FloridaModified comparative — 51% bar2 years from date of injury (was 4; reduced by HB 837)FL · fracture
GeorgiaModified comparative — 50% bar2 years from date of injuryGA · fracture
HawaiiModified comparative — 51% bar2 years from date of injuryHI · 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.