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 head & brain 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
$500,000 – multi-million
Severe traumatic brain injury
Catastrophic-case reported decisions
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 head & brain settlement in Indiana.
Medical malpractice cap
Med-mal
$1.8M total ($500k from physician; remainder from Patient's Compensation Fund)
Ind. Code § 34-18-14
★ head & brain severity tiers · US frame
How the band stratifies.
The state-by-state tort law · jury verdict reporters · statutory caps stratifies head & brain into the tiers below. Indiana courts apply the same tier structure, adjusted for state-specific factors.
Severity tier
Band
Basis
Concussion / mild TBI
$25,000 – $100,000
Reported decisions
Severe traumatic brain injury
$500,000 – multi-million
Catastrophic-case reported decisions
★ head & brain · neighbouring jurisdictions
Compare to neighbours.
How Indiana's fault rule and limitation period compare to other US jurisdictions for head & brain claims.
Each answer is independently coherent and references the relevant statute or authority document.
How much is a head & brain claim worth in Indiana?
Indiana head & brain settlements track the federal US band of $500,000 – multi-million, adjusted for Indiana's fault rule (modified comparative — 51% bar) and any applicable state cap. The position within the band turns on severity, prognosis, recovery time, and the strength of the medical paper trail.
What fault rule applies to head & brain claims in Indiana?
Modified comparative — 51% bar. Modified comparative — recovery barred at 51% claimant fault.
What is the statute of limitations for head & brain 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 tolling exception.
Do Indiana's damages caps reduce head & brain settlements?
Yes — Indiana applies the following caps that may bear on a head & brain claim: Medical malpractice cap. Caps are applied to the gross award before any fault-allocation reduction.
Does Indiana require no-fault first-party recovery for auto-related head & brain claims?
No. Indiana is a traditional tort jurisdiction; the at-fault driver's insurer is the primary source of recovery for auto-related head & brain claims.
Should I hire a Indiana head & brain attorney?
For all but the most modest claims, yes. Indiana's fault rule and caps materially affect the calculus, and adjusters value represented claims significantly higher. Most Indiana personal injury attorneys work on contingency (33–40% typical), with no fee unless you recover.
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.