IN
Whiplash settlements
in Indiana.
An Indiana jury can hear a rear end case where fault is admitted and still award nothing. In one such case the trial judge ordered a new trial, and the Court of Appeals put the zero verdict back.
Facts that decide a whiplash claim in Indiana
| Deadline to sue | An 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 rule | If 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 use | Since 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 |
| Overturning a jury’s award | A judge who orders a new trial because damages are inadequate must make the specific findings Trial Rule 59(J) requires; without them, the jury verdict is reinstated.Diehl v. Clemons (Ind. Ct. App. 2014) |
| Claims against public bodies | Notice 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 |