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★ Indiana · head & brain

Head & brain settlements
in Indiana.

By Reviewed by Abd Shanti, Founder9 min read

Indiana brain injury verdicts often involve trucks and more than one party at fault. Two recent appeals show the range: a $2.5 million award kept whole, and a $7.1 million award reduced to the defendant’s 30% share.

Facts that decide a head & brain claim in Indiana

Several defendantsThe jury assigns each party a percentage of fault, and a defendant pays only its share of the total damages.Sandberg Trucking v. Johnson (Ind. Ct. App. 2017)
Glasgow Coma ScaleFirst responders’ scores are evidence of severity; a score of 8 or below indicates a severe brain injury.Gomez v. Cochrane (Ind. Ct. App. 2024)
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)
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)
Seat belt useSince 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
united states · sister site
Your head & brain claim in Indiana. See the number for your own case.

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★ IN · reported head & brain outcomes

What Indiana courts have awarded.

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

  • Gomez v. Cochrane
    Court of Appeals of Indiana · 2024
    $2.5 million verdict, affirmed

    Deborah Cochrane was stopped in an I-69 construction zone in 2017 when a tractor trailer hit the car behind her and drove it into hers. She scored 8 on the Glasgow Coma Scale at the scene, was intubated, suffered a degloving scalp wound, and fractured four vertebrae. She asked the jury for $3.55 million; the defense suggested $250,000 to $350,000. The jury awarded $2.5 million, and the Court of Appeals affirmed.

  • Sandberg Trucking v. Johnson
    Court of Appeals of Indiana · 2017
    $7.1 million damages, 30% fault, $2.13 million judgment

    Brittany Johnson, 22, was hurt in a chain of crashes involving a stopped truck whose driver did not turn on his flashers. She suffered a traumatic brain injury, multiple skull fractures, facial nerve palsy, deafness in one ear and memory loss. The jury found $7.1 million in damages and put 30% of the fault on the trucking defendants, for a judgment of $2.13 million, which was affirmed.

★ IN · head & brain · in practice

What changes the number here.

What actually moves a head & brain settlement in Indiana.

  1. 1

    Scene evidence sets the tone. The Glasgow score of 8 and intubation at the scene in Gomez gave the jury objective proof of a severe injury.

  2. 2

    Fault shares decide what a defendant pays. Johnson’s damages were $7.1 million, but the trucking company paid its 30% share, so every responsible party should be named.

  3. 3

    Juries often land between the two sides’ numbers. In Gomez the award was well above the defense suggestion and below the plaintiff’s request.

★ 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.

★ head & brain · 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 head & brain claims.

JurisdictionFault ruleLimitationHead & brain page
Indiana · you are hereModified comparative, 51% bar2 years from date of injury—
IowaModified comparative, 51% bar2 years from date of injuryIA · head & brain →
KansasModified comparative, 50% bar2 years from date of injuryKS · head & brain →
MichiganModified comparative, 51% bar3 years from date of injuryMI · head & brain →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · head & brain →
MissouriPure comparative negligence5 years for personal injury; 2 years for medical malpracticeMO · head & brain →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · head & brain →
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 · head & brain →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · head & brain →
MontanaModified comparative, 51% bar3 years from date of injuryMT · head & brain →
NevadaModified comparative, 51% bar2 years for personal injury; 3 years for medical malpracticeNV · head & brain →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · head & brain →
MaineModified comparative, 50% bar6 years for personal injury, longest in the USME · head & brain →
★ IN · head & brain · frequently asked

Common questions.

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

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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
Head & brain in United States

Head & brain band structure and severity tiers at the US level.

★ all 15 countries
Head & brain · everywhere

Cross-jurisdiction comparison of head & brain 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.