Skip to content
MyClaimWorth
IN
Indiana · medical negligence

Medical negligence 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 medical negligence 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 medical negligence 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 medical negligence cases where the comparative-fault split is close to even.

For medical negligence claims specifically, statutory caps frequently apply to non-economic damages or to total recovery — Indiana's caps (medical malpractice cap) materially compress the upper end of the band. Catastrophic medical negligence cases that would otherwise produce seven- or eight-figure awards are routinely capped at the statutory ceiling.

band · US federal frame
$30,000 – statutory cap
Medical negligence (non-fatal)
State medical-malpractice cap as in force on the date of injury

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 medical negligence settlement in Indiana.

medical negligence · 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 medical negligence claims.

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