Category Archives: Personal Injury

Decoding the Law: Essential Legal Terms for Indiana Personal Injury Claimants

Posted on by

After an accident, the physical pain and emotional trauma can feel all-consuming. But as you begin to navigate the aftermath—medical bills, insurance calls, and police reports—you encounter a new source of stress: the legal system. Suddenly, you are surrounded by words like “negligence,” “damages,” and “statutes” that seem to belong to a different language entirely.

Understanding these terms is not just about expanding your vocabulary; it is about protecting your future. When you know what the insurance adjusters and attorneys are saying, you can make informed decisions about your recovery and your rights.

This guide breaks down the essential legal jargon every Indiana personal injury claimant should know, transforming confusion into confidence as you seek the compensation you deserve.

Call 317-881-2700 to Learn More About Filing a Personal Injury Claim in Indiana
Call 317-881-2700 to Learn More About Filing a Personal Injury Claim in Indiana

Negligence and Comparative Fault

At the heart of almost every personal injury case is the concept of negligence. In simple terms, negligence occurs when someone fails to act with the level of care that a reasonable person would use in the same situation. To win a case, you generally must prove that the other party had a duty to keep you safe, they breached that duty, and that breach was a responsible or “proximate” cause of your injuries.

However, Indiana follows a specific rule known as modified comparative fault. Under the Indiana Comparative Fault Act (IC 34-51-2), you are not automatically disqualified from receiving compensation if you were partially to blame for the accident.

The state applies a “51% bar” rule. This means that as long as your share of the fault is not greater than 50%, you can still recover damages. However, your compensation will be reduced by your percentage of fault. For example, if a jury awards you $100,000 but finds you were 20% at fault, you would receive $80,000. If you are found to be 51% or more at fault, you cannot recover any money at all.

Statute of Limitations

The statute of limitations is essentially a legal deadline. It is the time frame within which you must file a lawsuit against the party responsible for your injury. If you miss this window, the court will likely dismiss your case, and you will lose your right to pursue compensation forever.

In Indiana, the statute of limitations for most personal injury claims—including car accidents and slip-and-fall incidents—is two years from the date the injury occurred (Indiana Code § 34-11-2-4). While two years might sound like a long time, building a strong legal case involving medical records, witness statements, and expert testimony takes months. Waiting until the last minute puts your claim at significant risk.  Moreover, evidence can and does disappear if not obtained immediately.  Hiring an attorney will help with evidence collection early on.

Liability

Liability is the legal term for responsibility. When we say a driver is “liable” for a car crash, we mean they are legally responsible for paying for the harm caused. Establishing liability is the primary goal of your personal injury claim.  When a person or entity has insurance, the insurance carrier entered into a contract with the liable party to pay for any damages they caused as a result of their negligence and as a result, injured parties have the ability to recover money damages.  In most situations, it is the insurance carrier and not the liable party or entity that pays for most or all of a settlement of verdict amount.

While liability often stems from negligence (carelessness), it can sometimes be strict. Strict liability means a person, and thus their liability insurance carrier,  can be held responsible even if they weren’t careless.

A common example in Indiana involves dog bites. Under specific circumstances outlined in Indiana law, a dog owner can be held strictly liable if their dog bites someone who is acting peaceably and is in a location they are required to be (like a postal worker delivering mail). In these cases, you do not always need to prove the owner knew the dog was aggressive.

Request a Free Case Review in Indianapolis Right Now ✨

Damages

In the legal world, “damages” does not refer to the physical destruction of your car or property. Instead, damages refers to the monetary compensation awarded to you to make up for your losses.

There are two main categories of damages you should understand:

Economic Damages

These are objective, financial losses that can be calculated with receipts and bills. They include:

  • Medical expenses: Costs for hospital stays, surgeries, physical therapy, and medication.
  • Lost wages: Income you lost because you were unable to work while recovering.
  • Loss of earning capacity: Compensation if your injuries prevent you from earning as much in the future as you did before the accident.

Non-Economic Damages

These are subjective losses that are harder to put a monetary value to but are equally real and in most cases, way more substantial. They include:

  • Pain and suffering: Compensation for physical pain and emotional distress.
  • Loss of consortium: Damages paid to a spouse for the loss of companionship or affection due to the injury.
  • Mental anguish: Compensation for anxiety, depression, or trauma resulting from the accident.

Settlement

A settlement is a formal resolution reached between you (the plaintiff) and the defendant (almost always represented by their insurance company) before the case goes to a trial verdict.

Most personal injury cases in Indiana end in a settlement. It involves a compromise: the defendant/defendant’s insurance company agrees to pay a specific sum of money, and in exchange, you agree to release the defendant from any further liability. The defendant’s insurance company owes the defendant a duty of good faith in reaching a settlement as that will protect the defendant’s personal assets.

Once you sign a settlement agreement, you typically cannot ask for more money later, even if your injuries turn out to be worse than expected. This is why it is critical never to accept a settlement offer without first consulting a legal professional who can accurately value your claim.

Litigation

If a fair settlement cannot be reached, your attorney may recommend litigation. This is the formal process of taking legal action through the court system. It begins when you file a formal document called a “complaint” against the defendant.

Litigation involves several phases, including:

  1. Discovery: Both sides exchange information, ask questions (interrogatories), and take depositions (sworn statements).
  2. Motions: Requests made to the judge to rule on specific legal issues before trial.
  3. Trial: If the case proceeds this far, both sides present their evidence and arguments to a judge or jury, who then decide the case on liability and damages.

Mediation and Arbitration

Litigation is expensive and time-consuming, so courts often encourage Alternative Dispute Resolution (ADR) methods like mediation or arbitration to resolve cases without a full trial.

  • Mediation: A neutral third party, called a mediator, helps you and the defendant/defendant’s insurance company negotiate. The mediator does not act as a judge or make decisions; they facilitate conversation to help both sides find common ground. If you cannot agree, you can still go to court.
  • Arbitration: This is more like a mini-trial. An arbitrator (or panel) hears evidence and makes a decision. Unlike mediation, the arbitrator’s decision is often binding, meaning you must accept the outcome and usually cannot appeal.

Seeking Legal Assistance

Reviewing these terms on a screen is one thing; applying them to a complex insurance claim is another. Insurance companies have teams of adjusters and lawyers who speak this language fluently and use it to protect their profits. To level the playing field, you need an advocate who understands the nuances of Indiana law.

Hiring a personal injury lawyer ensures that you don’t miss critical deadlines like the statute of limitations and that you don’t accidentally accept a lowball settlement offer. An attorney acts as your translator and your shield, handling the legal complexities so you can focus entirely on your physical recovery.

Wrapping Up

Navigating a personal injury claim in Indiana can feel like walking through a foreign landscape without a map. By understanding key terms like negligence, liability, and damages, you equip yourself with the knowledge needed to ask the right questions and stand up for your rights. Remember, the legal system is designed to provide justice, but it requires precise adherence to rules and deadlines. You do not have to face this challenge alone.

Are you unsure if you have a claim or feel overwhelmed by the legal process? Do not leave your future to chance. Schedule a Free Initial Case Evaluation in Indianapolis today.

Call Now to Book

Related Post: Important Personal Injury Legal Terms You Need to Know

Understanding Civil Liability for Injured Victims

Posted on by

Suffering an unexpected injury disrupts every aspect of your life. The physical pain and emotional stress are often accompanied by rapidly mounting medical bills and lost wages. When someone else causes these hardships, you naturally want to hold them accountable.

Navigating the aftermath of an accident requires a clear understanding of your legal rights. Personal injury law exists to protect victims and ensure they do not have to bear the financial burden of another person’s unreasonable and poor decisions. The foundation of this legal protection is a concept known as civil liability.

Understanding how civil liability works is crucial for maintaining your financial health after an accident. By familiarizing yourself with the elements of negligence and the types of compensation available, you can make informed decisions about your recovery. This guide explains the core concepts of personal injury claims to help you confidently approach the legal process.

Call 317-881-2700 to Get Legal Help With Your Civil Claim in Indiana
Call 317-881-2700 to Get Legal Help With Your Civil Claim in Indiana

What is Civil Liability?

Civil liability is a legal obligation that requires a person or organization to pay for the damages they cause to another party through negligent or intentional actions. When someone acts carelessly and injures you, civil liability holds them financially responsible for the harm they caused.

Unlike criminal cases, which involve the state prosecuting a defendant to impose jail time or fines, civil cases focus entirely on compensating the victim. The primary goal of civil liability is to make the injured person “whole” again by providing financial compensation that covers all their losses.

Liability Insurance

When you are injured as a result of someone else’s negligence, the law holds that person or company responsible for causing your damages liable. This is why most persons and companies carry liability insurance. Liability insurance covers you if you negligently cause injuries and damages to another. So, while technically a jury verdict would be against, or a settlement would be with, the person or company, their liability insurance company pays what they are contractually bound to pay to the injured person because that is what the liability insurance company contracted to do.

By way of example, let’s say you rear-end another person’s vehicle and the person you hit is injured.  Your liability insurance company will pay for any and all damages you caused by your own negligence, up to your liability insurance limits.

If you were to not have liability insurance, the person you hit and injured could make a claim under their own automobile insurance policy for uninsured motorists coverage, which would pay for the injured person’s damages up to their uninsured motorists bodily injury limits, as that is what the injured person’s automobile insurance company contracted to do. 

If you, the at-fault driver, only had limited liability insurance available, let’s say the $25,000 minimum in Indiana, the person you injured could make a claim under your auto policy for the $25,000 and then seek to recover additional damages over and above the $25,000 from their own automobile insurance carrier under their own underinsured motorists carrier coverage.

Insurance protects the assets of a person or company because any verdict or settlement is paid by their insurance carrier, up to their policy limits. It is extremely important to have liability, uninsured and underinsured insurance coverage to protect yourself and the ones you love.

How Victims Prove Negligence in Indiana

To prove negligence in Indiana, injured victims must successfully demonstrate that the at-fault party had a legal responsibility to act safely, failed to meet that responsibility, and was a responsible cause of the resulting injuries. Securing compensation requires gathering evidence to satisfy several specific legal elements.

Duty of Care

The first step in any negligence claim is establishing that the defendant owed you a duty of care. A duty of care is a legal requirement to act reasonably to prevent harm to others. For example, all drivers have a duty of care to obey traffic laws and pay attention to the road. Property owners have a duty to keep their premises free of hazards they knew or should have known of that could injure visitors.

Breach of Duty

Once you establish a duty of care, you must show that the defendant breached it. A breach occurs when a person fails to act as a reasonably prudent person would under similar circumstances. If a driver texts behind the wheel and runs a red light, they have breached their duty to drive safely. If a grocery store manager ignores a spilled liquid on the floor, they have breached their duty to maintain a safe environment.

Causation

Proving a breach of duty is not enough on its own; you must link that breach to your injuries. This legal concept is known as causation. You need to demonstrate that your injuries would not have happened if the defendant had acted responsibly.

You must also show that injuries were a foreseeable result of the defendant’s negligent actions. Medical records, expert testimony, and accident reconstruction reports are often used to firmly establish this connection.

Types of Damages Available to Wrongly Injured Victims

Victims can recover compensation for both their measurable financial losses and their subjective personal suffering resulting from an accident. Once civil liability and negligence are established, the court or jury determines the appropriate compensation, legally referred to as damages.

Economic Damages

Economic damages reimburse you for the objective, out-of-pocket expenses tied to your injury. These are losses that come with a clear price tag. Common examples include hospital bills, physical therapy costs, and prescription medications.

If your injuries force you to miss work, economic damages can also cover your lost wages. In severe cases involving long-term disability, these damages will account for a loss of future earning capacity and ongoing medical care.

Non-Economic Damages

Non-economic damages compensate you for the intangible hardships that do not come with a receipt. Experiencing a severe injury takes a massive toll on your mental and emotional well-being. These damages cover physical pain, emotional distress, and mental anguish. They also account for a diminished quality of life, compensating you if your injuries prevent you from enjoying your favorite hobbies or spending active time with your family.

If you believe you’ve been injured due to someone else’s negligence, don’t wait. Contact Craven, Hoover & Blazek, P.C. today for a no-fee personal injury case review in Indianapolis. Our experienced Indiana personal injury attorneys are here to guide you through the process and fight for the justice you deserve.

The Role of Comparative Fault in Civil Cases

Indiana follows a modified comparative fault rule, meaning your final compensation can be reduced based on your percentage of blame for the accident, if any. Sometimes, more than one person contributes to an accident. If you share some responsibility for your injuries, Indiana law dictates how that impacts your settlement. Under the state’s comparative fault system, the court assigns a percentage of blame to everyone involved.

As long as you are 50 percent or less at fault for the accident, you can still recover damages. However, your total compensation will be reduced by your exact percentage of fault. For example, if you are awarded $100,000 but the court finds you 20 percent responsible for the incident, you will only receive $80,000. If you are found to be 51 percent or more at fault, you are legally barred from recovering any compensation at all.

Frequently Asked Questions About Civil Liability

How long do I have to file a personal injury claim in Indiana?

In Indiana, the statute of limitations for filing a personal injury lawsuit [excluding governmental entities] is generally two years from the date of the accident. Failing to file your claim within this strict legal window usually results in losing your right to pursue compensation entirely. If a governmental entity is involved, the time deadline for filing a claim is as little as 180 days.

Can I still receive compensation if I was partially at fault?

Yes, you can still recover compensation as long as you are 50 percent or less responsible for the accident. Your final award will simply be reduced by your percentage of fault. If you are 51 percent or more to blame, you cannot collect damages.

What is the difference between civil liability and criminal liability?

Civil liability deals with private disputes between individuals or organizations, focusing on providing financial compensation to the victim for their losses. Criminal liability involves the government prosecuting someone for breaking the law, focusing on punishing the offender through fines, probation, or imprisonment.

Protect Your Legal Rights After an Injury

Recovering from an accident is challenging enough without the added stress of fighting for fair compensation. Understanding the concepts of civil liability, negligence, and comparative fault empowers you to make smart choices about your future. You deserve a dedicated advocate to help you navigate these complex legal rules and protect your best interests.

If you or a loved one has been hurt due to someone else’s negligence, do not face the insurance companies alone. Contact our experienced legal team for a free personal injury consultation in Indianapolis, Indiana. We will review the details of your case, explain your rights, and help you secure the compensation you need to move forward.

Call Now to Schedule

Related Post: Civil vs. Criminal: Indiana Injury Claims

Typical Personal Injury Case Timeline

Posted on by

Experiencing a severe accident is a deeply painful and disorienting event. As you focus on healing, medical bills can pile up quickly, and lost wages add unnecessary stress to your recovery. You might know that filing a legal claim is the right move to protect your financial future. However, the uncertainty of the legal process often leaves victims feeling overwhelmed.

One of the most common concerns injured individuals share is how long the legal process will take. Waiting for compensation is difficult, especially when you are trying to piece your life back together. Knowing the steps ahead can provide peace of mind and help you set realistic expectations for your recovery.

The timeline of an injury claim depends heavily on the specific details of your situation. A straightforward collision might resolve in a matter of months, while a complex liability dispute could take years. This guide outlines the standard sequence of events in Indiana, giving you a clear map of the road ahead.

Call 317-881-2700 to Learn More About Your Personal Injury Case Timeline in Indiana
Call 317-881-2700 to Learn More About Your Personal Injury Case Timeline in Indiana

Understanding the Personal Injury Claims Process

The personal injury claims process is a multi-step legal journey designed to help victims recover financial compensation for their injuries, usually taking anywhere from a few months to a few years to resolve.

Every case follows a similar foundational structure, even though the exact duration varies. The process begins the moment you are injured and continues through medical treatment, evidence gathering, and negotiations. For most victims, the goal is to reach a full and fair settlement with the at-fault party’s insurance company without ever stepping foot in a courtroom.

However, the legal system requires thorough preparation. Rushing the process can result in a settlement that fails to cover your future medical needs. Patience is an essential part of securing the compensation you truly deserve.

Immediate Steps: Medical Attention and Legal Consultation

The first and most critical steps after an injury are seeking emergency medical care to protect your health and scheduling a consultation with a lawyer to protect your legal rights.

Your physical well-being always comes first. Going to an emergency room or an urgent care clinic creates an official medical record of your injuries. Insurance companies look closely at these initial records. If you delay seeking treatment, the insurer may argue that your injuries were not serious or were caused by a separate event.

Once your immediate medical needs are addressed, speaking with a legal professional is your next priority. Early legal intervention prevents critical evidence from disappearing. Your personal injury attorney will handle all communication with aggressive insurance adjusters, allowing you to focus entirely on resting and healing.

The Investigation Phase: Gathering Evidence and Documentation

During the investigation phase, your attorney collects crucial evidence, such as police reports, photographs and videos, medical records, and witness statements, to document a strong foundation for your claim.

A successful legal claim relies on clear facts. Your legal team will carefully reconstruct the accident to prove exactly who was at fault. This involves ordering official accident reports, requesting video surveillance footage from nearby businesses and investigating officers, and tracking down eyewitnesses while their memories are still fresh.

This phase also involves identifying all possible sources of compensation. Your attorney will uncover the relevant insurance policies held by the responsible parties. Depending on the complexity of the accident, this evidence-gathering stage can take a few weeks to a few months to complete properly.

Medical Treatment and Reaching Maximum Medical Improvement

If you fully heal from all your injuries then there are not future costs or care to factor into any proposed settlement and thus, it is easier to settle these types of cases.

If you do not fully recover from all your injuries, then you will reach a point in your healthcare that doctors all maximum medical improvement.

Maximum Medical Improvement (MMI) is the point where your condition has stabilized and your doctor determines that further treatment will not significantly improve your medical condition.  Although, future medical care may be needed to keep your condition from getting worse or to improve your quality of life.

Reaching MMI is a pivotal milestone in your timeline. Before this point, the total financial impact of your injury remains unknown. If an attorney accepts a settlement before you reach MMI, you might end up paying out of pocket for unforeseen surgeries or long-term physical therapy.

Because healing takes time, this phase is often the longest part of the claims process. It requires regular doctor visits, adherence to your prescribed treatment plans, and continuous communication with your legal team. Once your doctor officially declares that you have reached MMI, your lawyer can accurately calculate your current and future damages.

Demand Letter and Negotiation: Seeking a Fair Settlement

Once you reach MMI, your lawyer sends a demand letter outlining your damages and estimated future damages to the insurance company, which initiates a period of back-and-forth negotiation to reach a fair settlement.

The demand letter is a comprehensive document. It details the circumstances of the accident, explains why the other party is liable, and lists your total damages. These damages include medical bills, lost income, and non-economic losses like physical pain and emotional distress.

After reviewing the letter, the insurance company will typically respond with a counteroffer. This begins the negotiation stage. Your attorney will use the gathered evidence to argue for a higher payout. Many claims are successfully resolved during this phase, saving both sides the time and expense of a trial.

Filing a Lawsuit: What Happens During Litigation

If the insurance company refuses to offer a full and fair settlement, your attorney will file a formal lawsuit, moving your case into the litigation phase for discovery, mediation, and potentially a trial.

Filing a lawsuit shifts the timeline significantly, adding months or even years to the process, although sometimes it is a step that can increase an offer enough to resolve the case fairly quickly. In Indiana, you generally have two years from the date of your injury to file this lawsuit, according to Indiana Code 34-11-2-4. Once the paperwork is filed, the case enters the discovery phase. Both legal teams will exchange evidence, answer written questions, and conduct formal interviews under oath, known as depositions.

Following discovery, the court requires both sides to attempt mediation. A neutral third party will try to help the two sides find a compromise. If mediation fails, the case proceeds to trial, where a judge or jury will listen to the evidence and issue a final, binding verdict regarding liability and damages owed.

Frequently Asked Questions About Injury Timelines

Here are answers to some of the most common questions injury victims ask about the legal timeline in Indiana.

How long do I have to file a lawsuit in Indiana?

Under Indiana law, the standard statute of limitations for most personal injury cases is two years from the date the injury occurred. If you fail to file a lawsuit within this strict time frame, the court will likely dismiss your case, and you will lose your right to recover any          compensation.

Are there shorter deadlines for claims involving government entities?

Yes. If your injury was caused by a local or state government employee—such as a city bus driver or a worker in a state-owned building—you must file a formal notice very quickly. The Indiana Tort Claims Act requires victims to file a notice of claim within 180 days for            municipal entities and 270 days for state entities.

How long will my specific case take to resolve?

Simple car accidents with clear liability and minor injuries might settle in just a few months. Cases involving severe injuries, contested liability, or commercial trucking companies often take a year or more. Complex claims like medical malpractice usually take several years due to the need for expert testimony and extensive evidence review and having to proceed through a medical panel review process first.

Final Thoughts

Navigating the legal system after an accident is challenging, but you do not have to do it alone. Understanding the typical personal injury case timeline helps you prepare for the road ahead. Having a knowledgeable advocate by your side ensures that deadlines are met, evidence is secured, and negotiations are handled professionally. Your focus should remain on your physical recovery, while your legal team handles the heavy lifting.

If you are ready to take the next step, schedule a free personal injury lawyer meeting in Indianapolis, Indiana. Learn more about your case at a no-fee consultation today, and start your journey toward a fair recovery.

Call Our Office Directly

Related Post: Will My Personal Injury Claim Take a Long Time?

Indiana Crosswalk Accident Claims Guide

Posted on by

Walking is an excellent way to get around, but stepping into a crosswalk requires a significant amount of trust. A sudden collision can leave you with painful injuries, mounting medical bills, and a highly complicated legal battle ahead. Pedestrians are inherently vulnerable, and an impact with a heavy vehicle can cause life-altering harm.

Understanding your rights after being hit in a crosswalk is critical for securing the compensation you deserve under Indiana law. Dealing with insurance companies while trying to heal from severe trauma is incredibly overwhelming.

This guide explains how fault is determined, the types of damages available to you, and the essential steps you must take to protect your future physical and financial well-being.

Call 317-881-2700 to Speak With a Crosswalk Accident Lawyer in Indianapolis Indiana
Call 317-881-2700 to Speak With a Crosswalk Accident Lawyer in Indianapolis Indiana

Who is at Fault in an Indiana Crosswalk Accident?

In Indiana, fault is determined by negligence, meaning the party who violated traffic laws or failed to exercise reasonable care is typically held liable for damages. Drivers have a strict legal duty to watch for foot traffic and yield appropriately. Indiana Code 9-21-8-36 mandates that vehicles must slow down or stop for pedestrians crossing within a crosswalk when traffic control signals are not in place. Common examples of driver negligence include texting behind the wheel, simply not paying attention, speeding through residential zones, running red lights, or turning right on red without checking the crosswalk first.

Determining who acted negligently requires a careful review of the facts. Legal professionals and insurance adjusters will often examine police reports, interview eyewitnesses, and review nearby surveillance or dashcam footage to establish exactly what actions led up to the crash.

What Damages Can You Recover in a Pedestrian Claim?

Claimants in Indiana can pursue compensation for medical expenses, lost wages, pain and suffering, and permanent impairment resulting from the accident. A serious collision often requires an extensive medical response. Your recoverable economic damages generally start with emergency room bills and ambulance fees, but they also extend to surgeries, hospital stays, prescription medications, and long-term physical therapy.

If your injuries are severe enough to keep you away from your job, you can claim compensation for your past and future lost wages. This ensures your household does not suffer financially because you are physically unable to work.

You can also seek compensation for non-economic damages. These cover the intangible hardships you face, such as chronic physical pain, mental anguish, and a reduced quality of life. If the collision leaves you with permanent scarring or a lasting disability, your claim’s value will reflect the permanent impact the accident has had on your daily life. Calculating these losses accurately is vital to ensure you are not left paying out of pocket for an event you did not cause.

How Does Indiana’s Comparative Fault Law Affect Your Case?

Indiana follows a modified comparative fault rule, allowing you to recover damages as long as you are less than 51% responsible for the incident. Insurance companies frequently attempt to shift the blame onto the injured pedestrian to reduce their own financial liability. They might argue that you were distracted by your phone, stepped off the curb too quickly, or crossed against a signal. Under Indiana Code 34-51-2, fault can be shared between the driver and the pedestrian.

If a jury or insurance adjuster determines you are 50% or less at fault, your final compensation is reduced by your assigned percentage of blame. For example, if your total damages equal $100,000 but you are found to be 20% at fault for the accident, your final award would be reduced to $80,000. However, if your share of the blame reaches 51% or higher, you are legally barred from recovering any damages at all. Because of this strict threshold, gathering strong evidence to prove the driver’s primary liability is an absolute priority in your case.

Steps to Take After Being Injured in a Crosswalk

Immediately seek medical attention, gather witness contact information, and document the scene to preserve evidence for your legal claim.

1. Your physical well-being is always the most important factor. Call 911 right away so police officers and paramedics can respond to the scene.

Getting a prompt medical evaluation documents your injuries immediately and establishes a link between the crash and your physical condition. Paramedics will address acute trauma, but you should also follow up with a doctor quickly, as some serious injuries like concussions or internal bleeding may not show symptoms until hours or days later.

2. While waiting for help to arrive, if you are physically capable of doing so safely, document your surroundings.

Take photos or videos of the crosswalk, the vehicle that struck you, its license plate, and any visible injuries you have sustained. Ask any bystanders who saw the event for their names and phone numbers. An independent witness can be highly persuasive when disputing an at-fault driver’s version of events.

3. Next, do not give recorded statements to the driver’s insurance adjuster before you have the chance to consult with legal counsel.

4. Finally, hire a pedestrian accident lawyer as soon as possible for help navigating your claim.

Frequently Asked Questions About Pedestrian Accidents

Can I still file a claim if I was jaywalking?

Yes, you may still have a valid claim, even if you were crossing the street outside of a designated crosswalk. Indiana law requires pedestrians who cross outside a marked crosswalk to yield the right-of-way to oncoming traffic. However, motorists still carry a fundamental duty to exercise due care and avoid hitting a person on the roadway. Because of the state’s comparative fault rules, your ability to recover compensation will depend entirely on whether your share of fault is determined to be 50% or less.

How long do I have to file a lawsuit in Indiana?

Under Indiana Code 34-11-2-4, you generally have two years from the date of your accident to file a personal injury lawsuit. Failing to initiate legal action within this strict two-year window almost always results in the permanent loss of your right to seek compensation. It is highly recommended to begin the claims process much sooner. Waiting too long can cause crucial evidence to disappear and makes it harder to track down key witnesses.  It is best to hire an attorney as soon as possible after your injury.

What if the driver fled the scene?

Being the victim of a hit-and-run collision is an incredibly stressful experience. Indiana law strictly requires any motorist involved in an injury accident to stop, provide their information, and notify authorities. If the driver flees and cannot be identified by the police, you are not entirely out of options. You may be able to file a claim under the uninsured motorist (UM) coverage of your own auto insurance policy, or a resident relative’s policy, to recover compensation for your medical care and suffering.

In Summary

Navigating the legal aftermath of a pedestrian accident requires professional expertise to ensure your rights are protected. Insurance carriers routinely look for ways to minimize settlement payouts, particularly in cases involving shared fault or highly expensive medical treatments. A thorough accident investigation and a structured legal strategy can effectively level the playing field, allowing you to focus your energy entirely on your physical recovery.

Contact us today for a free personal injury case review in Indianapolis to discuss your recovery options.

Call Now to Get Started

Related Post: What Can an Indiana Pedestrian Accident Lawyer Do For You?

5 Secrets Insurance Adjusters Hide From Injury Claimants

Posted on by

Getting hurt in an accident is stressful enough. Then the phone calls start. An adjuster from the other driver’s insurance company reaches out—friendly, professional, eager to resolve your claim quickly. What they don’t tell you is that their job is to protect the insurance company’s bottom line, not to make sure you’re fairly compensated.

Insurance adjusters are trained negotiators working on behalf of their employer. Understanding how that dynamic works can be the difference between a settlement that covers your losses and one that leaves you paying out of pocket for months. Below are five things adjusters typically won’t volunteer—and what injury claimants such as yourself should know before your next conversation with one.

Call 317-881-2700 for Help Navigating an Injury Insurance Claim in Indianapolis IN
Call 317-881-2700 for Help Navigating an Injury Insurance Claim in Indianapolis IN

What the Insurance Companies Don’t Want Accident Victims to Know

1. They Already Know What Your Claim Is Worth

Insurance companies use proprietary software to calculate a settlement range for your claim the moment it’s filed. Their opening offer is almost always the floor of that range—not a fair starting point.

Programs like Colossus analyze injury type, treatment duration, and comparable claims to generate a payout range. Adjusters are trained to anchor the negotiation at the lowest defensible number, knowing that many unrepresented claimants won’t know what that range actually looks like from the other end.

That initial offer may feel reasonable, especially if you’re still dealing with pain, missed work, and mounting medical bills. But accepting it before you know the full extent of your injuries—and before you’ve consulted with an attorney—can permanently close the door on additional compensation.

2. Your Recorded Statement Can Be Weaponized Against You

You have no legal obligation to give a recorded statement to the opposing party’s insurance company, and doing so without preparation can seriously damage your claim.

Adjusters are skilled at asking questions that sound routine but are designed to elicit answers that minimize your injuries or shift blame. Saying something like “I’m doing okay” or “I didn’t see them coming” in a recorded call can be used to argue that your injuries aren’t serious or that you were partially at fault.

This matters enormously in Indiana. Under Indiana’s modified comparative fault rule, if you are found to be more than 50% responsible for the accident, you are completely barred from recovering any damages (Ind. Code § 34-51-2-6). Even partial fault—say, 30%—reduces your damages by that same percentage. A few careless words in a recorded statement can shift that calculation against you.

Before agreeing to any recorded statement, speak with an experienced Indianapolis personal injury attorney at Craven, Hoover & Blazek, P.C. Call our law office today to scheduled a free initial consultation.

3. Quick Settlement Offers Are Not Acts of Generosity

Early settlement offers are designed to close your file before the insurance company knows how expensive your medical treatment will become.

A lowball offer made within days or weeks of an accident might seem appealing when you’re overwhelmed. But many injuries—soft tissue damage, herniated discs, traumatic brain injuries—don’t fully reveal themselves in the first few weeks. Accepting a settlement before your treatment is complete means you’re releasing your legal rights in exchange for a number that may not reflect your actual losses.

Once you sign a settlement release, that’s it. You cannot go back and ask for more money because your recovery took longer than expected, or because you needed surgery that wasn’t anticipated. The insurance company knows this. That’s exactly why the offer comes early.

Indiana’s statute of limitations gives you two years from the date of injury to file a personal injury lawsuit (Ind. Code § 34-11-2-4(a)(1)). You have time to make an informed decision. Use it.

4. You Don’t Have to Sign a Blanket Medical Authorization

When an adjuster asks you to sign a broad medical release, they’re not just requesting records related to your injury—they’re looking for pre-existing conditions to use as leverage.

A blanket medical authorization can give an insurance company access to your entire medical history, sometimes going back years. Adjusters use this information to argue that your pain or limitations existed before the accident, reducing or eliminating the insurer’s liability.

You may have a legitimate obligation to provide records relevant to your injury claim. But that’s a far narrower scope than what a blanket release allows. Before signing any authorization, have an attorney review it. Limiting a release to records that are actually relevant to your injury protects your privacy and prevents the insurer from combing through unrelated health history to build a case against you.

5. Legal Representation Statistically Leads to Higher Payouts

Claimants who hire personal injury attorneys consistently receive more compensation than those who handle claims on their own—often substantially more.

A 2016 Insurance Research Council survey found that nearly half of auto injury claimants hired attorneys, and 22% of those who did hire lawyers cited getting “the highest settlement possible” as their reason. An analysis of nearly one million workers’ compensation claims by the Workers Compensation Research Institute (2024) found that attorney representation increased indemnity payments by $7,700 to $12,400 on average.

Insurance adjusters know this. The fewer lawyers involved, the more favorable the outcome tends to be for the insurer. Adjusters may subtly discourage you from seeking legal counsel or suggest that attorneys will just take most of your settlement. In reality, most personal injury attorneys work on a contingency fee basis—meaning they only get paid if you recover compensation—and many claimants walk away with significantly more, even after attorney fees.

Contact our Indiana personal injury law firm at 317-881-2700 to book a free case review and learn more about your rights to recovering compensation for your damages and losses.

Frequently Asked Questions

How long do I have to file a personal injury claim in Indiana?

In most cases, you have two years from the date of your injury to file a lawsuit in Indiana (Ind. Code § 34-11-2-4(a)(1)). Wrongful death claims carry the same two-year window, measured from the date of death (Ind. Code § 34-23-1-1). Waiting too long—even by a single day past the deadline—can permanently forfeit your right to compensation, so it’s important to act well before that window closes.

What if I was partly at fault for the accident?

Indiana uses a modified comparative fault system. Your damages are reduced in proportion to your percentage of fault. However, if you are found to be 51% or more responsible, you cannot recover anything at all (Ind. Code § 34-51-2-6). This is one reason why recorded statements and early admissions are so risky—they can shift fault percentages in ways that significantly reduce or eliminate your recovery.

How much does it cost to hire a personal injury attorney?

Most personal injury attorneys charge on a contingency fee basis, meaning there are no upfront costs. The attorney’s fee is a percentage of the final settlement or verdict, and you pay nothing if you don’t recover. This arrangement makes legal representation accessible regardless of your financial situation.

I was injured while visiting Indiana—can I still file a claim?

Yes. Visitors injured in Indiana are generally entitled to file a personal injury claim under Indiana law, just as residents are. Similarly, Indiana residents injured in another state may have options in both jurisdictions. An attorney familiar with multi-state injury claims can help you determine the best path forward.

Should I talk to the insurance adjuster at all?

You are required to cooperate with your own insurance company. You are generally not required to give a recorded statement to the other party’s insurer. Before speaking with any adjuster—especially in a recorded format—consult a personal injury attorney to understand what you should and should not say.

Protect Your Claim Before It’s Too Late

Insurance adjusters are professionals who handle hundreds of claims a year. Most injured people navigate the process once in their lifetime. That experience gap is real, and insurance companies rely on it.

Knowing what adjusters aren’t telling you is a start. Getting qualified legal representation is the next step.

If you were injured in an accident in Indianapolis or anywhere in Indiana, our team offers free personal injury claim evaluations with no obligation. We also represent Hoosiers injured out of state and out-of-state visitors injured in Indiana. Schedule a free evaluation today and find out what your claim is actually worth.

Call Our Firm Now

Related Post: Handling Insurance Adjusters in Indiana: A Survivor’s Guide

Proving Liability in Indiana Personal Injury Cases

Posted on by

Suffering an injury due to someone else’s negligence is frustrating. Medical bills pile up, you may be missing work, you are hurting and the legal process can feel overwhelming—especially when you’re not sure what it takes to hold someone and their insurance carrier accountable under Indiana law.

This guide breaks down what you need to generally know about proving liability in an Indiana personal injury case. From the state’s comparative fault rule to the evidence that can make or break your claim, you’ll leave with a clear picture of what the legal process looks like and what you need to do to protect your rights.

To succeed in a personal injury claim in Indiana, you must prove that another party was at fault through four core elements: duty, breach, causation, and damages. Indiana follows a modified comparative fault rule, meaning you can still recover compensation as long as you are not more than 50% responsible for the accident. You generally have two years from the date of the incident to file a claim.

Call 317-881-2700 to Learn More About Personal Injury Liability in Indiana
Call 317-881-2700 to Learn More About Personal Injury Liability in Indiana

Understanding Indiana’s Modified Comparative Fault Rule

Indiana follows a modified comparative fault rule that bars recovery if you are found more than 50% at fault for your own injury. Many people assume that any degree of fault on their part eliminates their right to compensation. In Indiana, that’s not the case except for governmental entity cases—but there is a firm threshold. Under IC 34-51-2-6, a claimant is barred from recovery if their “contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.”

In practice, this means the jury assigns a percentage of fault to each party involved. Under IC 34-51-2-7, if your percentage of fault exceeds 50% of the total fault, the jury returns a verdict in favor of the defendant. If your share is 50% or less, you can still recover damages—though the amount awarded is reduced proportionally.

A practical example: If a jury determines your total damages are $100,000, but you were 30% at fault for the accident, you would receive $70,000.

This rule makes the precise assignment of fault one of the most contested issues in Indiana personal injury cases. Defense attorneys and defense adjusters routinely try to shift blame onto the injured party to push them over that 50% threshold. Having solid evidence to counter those arguments is critical.

The Four Pillars of Proving Negligence

To succeed in a personal injury claim, you must establish four elements: duty, breach, causation, and damages. Indiana courts require the plaintiff to prove each element.

As recently as 2025, the Indiana Supreme Court reaffirmed this framework in Isgrig v. Trustees of Indiana University, stating that to recover under a negligence theory, a plaintiff must prove “(1) a duty owed to the plaintiff, (2) a breach of that duty by the defendant, and (3) the breach proximately caused the plaintiff’s damages.” Damages, the fourth element, must be proven separately.

Here’s what each element means in plain terms:

  1. Duty: The defendant must have owed you a legal obligation to act with reasonable care. Drivers owe a duty to others on the road. Property owners owe a duty of reasonable care to visitors.
  2. Breach: The defendant must have failed to meet that standard of care. Running a red light, leaving a wet floor unmarked, or failing to maintain safe equipment are all examples of breach.
  3. Causation: Your injury must be a result of the defendant’s breach. This is often referred to as “proximate cause” or “responsible cause”.  A court will ask whether the harm was a foreseeable consequence of the defendant’s actions.  The specific harm is not required.
  4. Damages: You must have suffered actual harm—physical injury, financial loss, emotional distress, or some combination. Without documented damages, there is no claim, regardless of how clear the breach might be.

Failing to establish even one of these elements can end a case before it reaches a jury. This is why legal representation matters, particularly when defendants challenge causation or downplay the severity of your injuries. Reach out to our Indiana personal injury law firm today to learn your options for pursuing civil action.

Critical Evidence for Indiana Injury Claims

The strength of your personal injury claim depends heavily on the quality and completeness of the evidence you gather. Evidence serves two purposes: it helps establish the four elements of negligence, and it counters attempts by the defense to shift fault onto you. The most impactful types of evidence in Indiana personal injury cases include:

Police Reports

If your injury occurred in a car accident, a police report is often one of the first pieces of evidence an attorney will request. It documents the responding officer’s observations, any citations issued, witness names, and preliminary fault determinations. While not conclusive, it carries significant weight.

Medical Records

Medical documentation connects your injuries directly to the incident—and is essential for proving both causation and damages. Seek medical attention immediately after an injury, even if symptoms seem minor at first. Delayed treatment gives insurers grounds to argue that your injuries weren’t serious or weren’t caused by the accident.

Witness Statements

Eyewitnesses provide independent accounts that can corroborate your version of events. Collect contact information from anyone who saw what happened. Your attorney can follow up to obtain formal statements.

Additional Evidence Worth Preserving:

  • Photographs or video of the scene, your injuries, and any property damage
  • Surveillance footage from nearby businesses or traffic cameras
  • Incident or accident reports filed with a property owner or employer
  • Expert testimony from accident reconstruction specialists or medical professionals

Time is a factor. Surveillance footage gets deleted, witnesses’ memories fade, and physical evidence disappears. The sooner you begin preserving evidence, the stronger your position will be.

How Indiana’s Statute of Limitations Affects Your Case

In Indiana, you generally have two years from the date of your injury to file a personal injury lawsuit. Under IC 34-11-2-4, an action for “injury to person or character” must be commenced within two years after the cause of action accrues. Miss that window, and you lose your right to sue—regardless of how strong your case is.

While two years may seem like plenty of time, it passes quickly. Investigations take time. Evidence is not obtained and maintained. Medical treatment must often conclude before damages can be fully assessed. Negotiating with insurance companies can drag on for months.

There are limited exceptions that may toll (pause) the statute of limitations. These include injury cases involving minors or situations where the injured person could not reasonably have discovered their injury at the time it occurred. However, relying on an exception is risky. The safest approach is to consult an attorney as early as possible.

FAQs

What if I was partially at fault for my accident in Indiana?

You can still recover compensation as long as your share of fault does not exceed 50%. Under Indiana’s modified comparative fault rule, your damages will be reduced by your percentage of fault.

How long do I have to file a personal injury claim in Indiana?

Generally, two years from the date the injury occurred, under IC 34-11-2-4. Certain exceptions apply in specific circumstances, such as claims involving minors. For claims to be made against governmental entities, you can have as little as 6 months to file the claim.

What if the at-fault party doesn’t have insurance?

You may still have options through your own uninsured/underinsured motorist coverage.  If the at-fault party was working, the employer will most likely be insured. An attorney can evaluate the most practical path forward.

What kinds of damages can I recover in an Indiana personal injury case?

Recoverable damages can include medical expenses, lost wages, future earning capacity, pain and suffering, and property damages. The specific damages available depend on the facts of your case.

Do I need a lawyer for a personal injury case in Indiana?

In most situations, yes. Insurance companies employ experienced adjusters and attorneys whose goal is to minimize payouts. Legal representation significantly levels the playing field—and most personal injury attorneys work on a contingency fee basis, meaning you pay nothing unless you win.

Quick Recap:

  • Modified comparative fault: You can recover damages in Indiana as long as you are 50% or less at fault (IC 34-51-2)
  • Negligence elements: You must prove duty, breach, causation, and damages
  • Evidence matters: Police reports, photos and videos, medical records, and witness statements are foundational to a strong claim
  • Two-year deadline: Most personal injury claims in Indiana must be filed within two years of the injury (IC 34-11-2-4)
  • Fault percentage affects compensation: Your damages award is reduced proportionally by your share of fault
  • Act quickly: Obtaining relevant evidence as soon as possible is required. Evidence fades, witnesses move, and deadlines are unforgiving

Take the Next Step With a Free Consultation

Proving liability in a personal injury case requires more than a compelling story—it requires evidence, legal knowledge, and a clear understanding of Indiana’s fault rules. Missing a deadline or misreading how fault will be apportioned can cost you the compensation you’re entitled to.

If you’ve been injured in Indianapolis or anywhere in Indiana, speaking with a personal injury attorney is the most important step you can take right now. Contact us today for a free personal injury consultation. There’s no obligation, and you pay nothing unless we win your case.

Place Your Call Now

Related Post: How to Prove Negligence in a Personal Injury Case

Questions to Ask a Personal Injury Lawyer

Posted on by

Meeting with a personal injury lawyer for the first time can feel overwhelming, especially when you’re already dealing with the stress of an injury. However, that initial consultation is your best opportunity to determine if an attorney is the right fit for you and your case. Asking the right questions upfront can save you time, confusion, and frustration down the road.

This guide outlines the critical questions you should ask during your first meeting to ensure you hire an advocate who is experienced, transparent, and aligned with your goals.

Key Takeaways:

  1. Verify Experience: Ensure the attorney has specific experience with your type of injury claim in Indiana courts.
  2. Clarify Costs: Understand the difference between contingency fees (attorney waits on payment until your case settles) and case costs (expenses like filing fees).
  3. Set Expectations: ask about communication styles and realistic timelines for your case.
  4. Know Your Role: Be clear on what documentation and evidence you need to preserve and provide to your attorney and what evidence they will obtain on your behalf.

Table of Contents:

  1. What Experience Do You Have with Cases Like Mine?
  2. What Are Your Fees and How Do You Handle Costs?
  3. How Will You Communicate with Me During My Case?
  4. What Are the Possible Outcomes of My Case?
  5. What are my responsibilities as the client and your responsibilities as the attorney?
  6. FAQs About Personal Injury Claims
  7. Quick Recap
  8. Conclusion
  9. Free Personal Injury Case Review
Call 317-881-2700 for Help With Your Personal Injury Questions in Indiana
Call 317-881-2700 for Help With Your Personal Injury Questions in Indiana

What Experience Do You Have with Cases Like Mine?

Experience isn’t just about how long a lawyer has been practicing; it’s about whether they have handled cases similar to yours. A lawyer who primarily handles slip-and-fall cases might not be the best fit for a complex medical malpractice suit involving Indiana’s specific damage caps.

Ask specifically about their track record with your type of accident. If you were injured in a car crash, ask how many auto accident claims they take to trial versus how many they settle. While most civil cases settle, you want an attorney who isn’t afraid to go to court if the insurance company’s offer is unfair.

Additionally, ask about their familiarity with local Indiana laws. For example, Indiana follows a modified comparative fault rule (Indiana Code § 34-51-2-6). This means if you are found to be more than 50% at fault for the accident, you cannot recover any damages. An experienced local attorney will know how to gather evidence to prove your liability is below that 50% threshold.

What Are Your Fees and How Do You Handle Costs?

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win or settle your case. However, the details can vary, so you need to ask for specifics.

How much is the contingency fee?

The industry standard is often around 33% (one-third) of the settlement amount, but this can increase to 40% or more if the case goes to trial or appeal. Make sure you understand what percentage the lawyer will take at different stages of the case.

Who pays for case costs?

“Fees” and “costs” are different. Fees pay for the lawyer’s time; costs cover expenses like filing fees, expert witness payments, and obtaining medical records. Ask if you are responsible for these costs if you lose the case. Some firms waive costs if there is no recovery, while others may still bill you for expenses incurred.

How Will You Communicate with Me During My Case?

Poor communication is the number one complaint clients have about lawyers. You don’t want to be left in the dark about your own life-changing event.

Ask these questions to set clear expectations:

  • Who is my main point of contact? Will you be speaking directly with the attorney, or will a paralegal or case manager handle most updates?
  • How often will I get updates? Will you receive weekly status reports, or only when there is a significant development?
  • What is the best way to reach you? Do they prefer email or phone calls? What is their policy on returning messages?

What Are the Possible Outcomes of My Case?

No ethical lawyer can guarantee a specific dollar amount or outcome. However, an experienced attorney should be able to give you a realistic range based on similar cases they have handled.

Ask them to explain the potential value of your claim, considering:

  • Economic damages: Medical bills, lost wages, and property damage.
  • Non-economic damages: Pain and suffering, emotional distress, and loss of quality of life.
  • Permanency:  Obviously, your claim has more value if you are permanently inured as opposed to being injured for a set time period and fully recovering from your injuries.

Be sure to ask about any caps on damages that might apply. For instance, in medical malpractice cases, Indiana law (Indiana Code § 34-18-14-3) places a cap on the total amount recoverable. As of 2024, for acts of malpractice occurring after June 30, 2019, the total cap is generally $1.8 million. Knowing these statutory limits upfront helps manage expectations.

What Are My Responsibilities as the Client?

A personal injury case is a partnership. Your lawyer handles the legal strategy and obtaining some of the evidence, but they need your help to succeed.

Ask what they need from you immediately. This typically includes:

  • Medical Treatment: You must follow your doctor’s orders. Gaps in treatment can be used by insurance companies to argue that you aren’t really hurt.
  • Documentation: You may need to provide police reports, insurance correspondence, and photos of your injuries or the accident scene if you have them.  If you do not have your police report, your attorney can obtain it.  Your attorney can also request 911 tapes and body camera video.
  • Silence is Golden: Most lawyers will advise you to stay off social media. Posting about your case or your injuries provides information to a defendant’s insurance company which can and will be twisted if at all possible.  It is best to avoid posting anything altogether.

FAQs About Personal Injury Claims

How much time do I have to file a lawsuit?

In Indiana, the statute of limitations for personal injury cases is generally two years from the date of the accident (Indiana Code § 34-11-2-4). If you fail to file a lawsuit within this window, you will likely be barred from recovering any compensation.

What if my claim is against the government?

Deadlines are much shorter if a government entity is involved (like a city bus or a public school). For claims against a political subdivision (like a city or county), you must file a tort claim notice within 180 days of the loss (Indiana Code § 34-13-3-8). Missing this deadline can kill your case before it even starts.

Do I really need a lawyer if the insurance company offered me a check?

Insurance adjusters are trained to settle claims for as little as possible. Their initial offer rarely covers future medical needs or the full extent of your pain and suffering. Moreover, most people do not know that they have to normally pay back any health insurance carrier, Medicare, Medicaid, Tri-Care, etc… out of their settlement monies.  A lawyer can evaluate the offer to ensure you aren’t signing away your rights to fair compensation.

Quick Recap:

  • Experience: Choose a lawyer with a proven track record in your specific injury type and local laws like comparative fault.
  • Fees: Clarify the contingency percentage and who pays for case costs if you lose.
  • Communication: Establish who your contact is and how often you will hear from them.
  • Timelines: Be aware of strict deadlines like the 2-year statute of limitations and the 180-day notice for government claims.

Conclusion

Choosing the right personal injury lawyer is a critical step toward protecting your rights and securing the compensation you deserve. By focusing on experience, transparency in fees, clear communication, and strict adherence to legal deadlines, you can pave the way for a more efficient and less stressful legal process.

Remember, an informed decision now can significantly impact the outcome of your case and your future. Take the time to do your research, trust your instincts, and ensure you work with someone who prioritizes your best interests.

Navigating a personal injury claim alone is risky, especially when dealing with complex statutes and aggressive insurance companies. If you or a loved one has been injured in Indianapolis, you don’t have to face it alone. Contact us today to schedule your free consultation. We’ll answer your questions, evaluate your case, and help you understand your legal options with no obligation.

Call Our Firm Now

Related Post: Essential Tips For Your First Consultation with a Personal Injury Attorney

File an Injury Claim for a Broken Bone in Indianapolis

Posted on by

TL;DR: If you’ve suffered a broken bone due to someone else’s negligence in Indiana, you may be entitled to compensation. This post covers how to file a personal injury claim, including gathering evidence, understanding legal options, and seeking a free case review.

Key Takeaways:

  • Seek immediate medical attention and document all treatments.
  • Gather evidence, including accident reports, medical records, and witness statements.
  • Understand Indiana’s statute of limitations for personal injury claims.
  • Consult with an Indianapolis personal injury attorney for a free case review.

Table of Contents:

  1. What to Do Immediately After a Broken Bone Injury?
  2. How to Gather Evidence for a Broken Bone Injury Claim?
  3. What Types of Compensation Can You Claim in Indiana?
  4. What Is Indiana’s Statute of Limitations for Personal Injury Claims?
  5. Why Should You Consult an Indianapolis Personal Injury Attorney?
  6. FAQ
  7. Quick Recap
  8. Conclusion
  9. Personal Injury Case Review in Indianapolis

The sound of a bone snapping is something you never forget. Whether it happened during a car accident, a slip on an icy sidewalk, or a fall at a construction site, the immediate physical pain is often overwhelming. But once the initial shock wears off and the cast is on, a new reality sets in. You are facing medical bills, missed time at work, and a painful recovery process that could take months.

If your injury was caused by someone else’s negligence, you shouldn’t have to shoulder that financial burden alone. Indiana law provides a pathway for victims to seek compensation for their losses. However, navigating the legal system while trying to heal can feel like a full-time job.

This guide breaks down exactly what you need to do to file a personal injury claim for a broken bone in Indiana. From gathering the right evidence to understanding the strict deadlines set by state law, we will walk you through the process so you can focus on what matters most—your recovery.

Call 317-881-2700 to File a Broken Bone Injury Claim in Indiana
Call 317-881-2700 to File a Broken Bone Injury Claim in Indiana

What to Do Immediately After a Broken Bone Injury?

The actions you take in the minutes and days following your injury can significantly impact the success of your claim.

1. Seek medical attention

Your health is the priority. Even if you think you just have a bad bruise, you must see a doctor immediately. Adrenaline can mask pain, and walking on a fracture can cause permanent damage. Furthermore, seeing a doctor creates an official medical record linking your injury directly to the accident. Without this documentation, insurance companies often argue that the injury happened later or wasn’t serious.

2. Document everything

Start a file immediately. Keep every discharge paper, prescription receipt, and instruction sheet you receive from healthcare providers. Write down how the injury affects your daily life—can you drive? Can you sleep? Can you pick up your children? These details help establish the “pain and suffering” portion of your claim.

How to Gather Evidence for a Broken Bone Injury Claim?

To win a personal injury claim, you must prove that another party was negligent. This requires solid evidence.

Accident reports

If police arrived at the scene of a vehicle crash, obtain paperwork showing what the police report number will be.  Your attorney can then obtain a copy of the official police report once it is finalized . If you slipped in a store or business, ensure the manager files an incident report and ask for a copy. These reports provide an objective timeline of the event and oftentimes list contact data for witnesses.

Medical records

Your medical records are the backbone of your case. For broken bones, diagnostic imaging is undeniable proof. Ensure you have copies of:

  • X-rays, MRIs, and CT scans.
  • Emergency room admission notes.
  • Surgical reports if pins, plates, or screws were required.
  • Physical therapy plans and progress notes.

Witness statements

Independent witnesses are incredibly valuable because they have no stake in the outcome of your claim. If anyone saw the accident, get their names and phone numbers immediately. Your personal injury attorney can contact them later to obtain a formal statement.

Photos and videos

Visual evidence is compelling. Take photos and videos of the hazard that caused your injury (like a wet floor or a crumpled car bumper). Also, document your physical injuries. Photographs of bruising, swelling, casts, and surgical scars help a jury or insurance adjuster understand the severity of your trauma.

What Types of Compensation Can You Claim in Indiana?

A broken bone can cost thousands of dollars to treat, but the financial impact often goes beyond the hospital bill. Indiana law allows you to seek damages for various losses.

Medical expenses

This includes past and future costs. You can claim compensation for the ambulance ride, emergency room visit, surgery, anesthesia, and medication. Crucially, if your injury requires future surgeries (such as hardware removal) or long-term physical therapy, those projected costs should also be included in your settlement.

Lost wages

If you cannot work while your bone heals, you are entitled to compensation for lost income. This applies to hourly wages, salaries, and used sick days or vacation time. If the injury results in a permanent disability that limits your ability to perform your job in the future, you may also claim “loss of earning capacity.”

Pain and suffering

These are “non-economic” damages. They compensate you for the physical pain and emotional distress caused by the injury. Factors influencing this amount include the severity of the break (e.g., a compound fracture vs. a hairline fracture), the length of recovery, and whether the injury led to depression or anxiety.

What Is Indiana’s Statute of Limitations for Personal Injury Claims?

Time is a critical factor in legal claims. Under Indiana Code § 34-11-2-4, you generally have two years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, the court will likely dismiss your case, and you will be barred from recovering compensation.

Important Exception: Government Claims

If your injury was caused by a government entity—for example, a city bus hit you, or you tripped on a broken sidewalk maintained by the city—the timeline is much shorter.

  • Political Subdivisions (Cities/Counties): You must file a Tort Claim Notice within 180 days (Ind. Code § 34-13-3-8).
  • State of Indiana: You must file a Tort Claim Notice within 270 days (Ind. Code § 34-13-3-6).

Failure to file this specific notice on time will destroy your claim, even if the two-year statute of limitations hasn’t passed.

Why Should You Consult an Indianapolis Personal Injury Attorney?

Having legal representation results in a better outcome, especially when dealing with aggressive insurance adjusters.

Understand your rights

Indiana laws regarding fault and damages are complex. An attorney ensures you don’t accidentally accept a settlement that is far lower than what you are entitled to by law.

Negotiate with insurance companies

Insurance companies are businesses aiming to minimize payouts. They may offer a quick “lowball” settlement before you even know the full extent of your medical needs. An attorney handles all communication with the insurer, preventing them from pressuring you into a bad deal.

Maximize your compensation

Attorneys work with medical experts and economists to calculate the true value of your claim. They ensure that future medical needs and long-term impacts on your quality of life are factored into the final demand.

Free Case Review

Most reputable personal injury firms in Indianapolis operate on a contingency fee basis. This means they offer a free case review and only get paid if they win your case. There is no financial risk to you for seeking professional advice.

FAQs

What if the accident was partly my fault?

Indiana follows a “modified comparative fault” rule (Ind. Code § 34-51-2-6). This means you can still recover damages as long as you are not more than 50% at fault. However, your compensation will be reduced by your percentage of fault.

  • Example: If your damages are $100,000 but you were 20% at fault, you would receive $80,000.
  • Warning: If you are found to be 51% or more at fault, you are barred from recovering anything.

How much is my claim worth?

There is no universal calculator, but settlement values depend on:

  • The type of fracture (simple vs. comminuted).
  • The amount of medical bills.
  • Whether surgery was required.
  • Whether you made a full recovery or have permanent limitations.
  • How the injury negatively affected your life and to what degree.

What if the insurance company denies my claim?

A denial is not the end of the road. Insurance companies often deny claims hoping you will give up. An attorney can review the denial letter, gather additional evidence to prove liability, and file a lawsuit if necessary to force the insurer to the negotiating table.  A jury determines liability, not a defendant’s insurance company.

Quick Recap:

  • Seek Medical Attention: Prioritize your health and create a paper trail.
  • Gather Evidence: Collect reports, records, photos and witness info.
  • Know the Deadlines: You have two years generally, but only 180 days for city/county claims.
  • Consult with and Hire an Attorney: Protect your rights and ensure fair compensation.  You should get an honest opinion on whether or not you have a good claim.

Moving Forward After an Injury

Suffering a broken bone due to someone else’s negligence acts as a major interruption to your life. The physical pain is difficult enough without the added stress of mounting bills and legal confusion. Understanding your rights and taking the necessary steps to file a personal injury claim is crucial for your long-term well-being.

If you or a loved one has suffered a fracture in Indianapolis, you do not have to navigate this complex legal landscape alone. Contact our team today to Book a Free Case Review to ensure you receive the full compensation you deserve.

Call Our Firm Now

Related Post: Orthopedic Injury Lawsuits in Indiana: What You Need to Know

Handling Insurance Adjusters in Indiana: A Survivor’s Guide

Posted on by

The days following an accident are often a blur. Between scheduling medical appointments, arranging vehicle repairs, and managing the physical pain of your injuries, your phone rings. It’s an insurance adjuster. They sound friendly, concerned, and eager to “help you close your file quickly.”

It is natural to want to cooperate. You just want this ordeal to be over. However, handling this conversation incorrectly can have devastating financial consequences. While the adjuster may seem sympathetic, their professional objective is very different from yours.

Understanding how to navigate these conversations is critical for protecting your rights and your future. Here is what every Hoosier needs to know about dealing with insurance adjusters after an accident.

Call 317-881-2700 to Speak With Our Insurance Accident Claim Lawyers in Indianapolis Indiana
Call 317-881-2700 to Speak With Our Insurance Accident Claim Lawyers in Indianapolis Indiana

Understanding the Insurance Adjuster’s Role

To navigate the claims process, you first need to understand who you are talking to. An insurance adjuster’s primary job is to investigate insurance claims to determine the extent of the insurance company’s liability.

In simpler terms, they are looking for reasons to pay you less.

Insurance companies are businesses. Like any business, they aim to maximize profits and minimize expenses. Unfortunately, in the context of an injury claim, you are the expense. Adjusters are trained to identify information that can devalue your claim. They might look for pre-existing medical conditions, alleged inconsistencies in your story, or statements that that they can use to suggest you were partially to blame for the incident.

This doesn’t mean adjusters are villains. They are professionals doing a job. But knowing that their loyalty lies with the insurance provider—not with you—should change how you approach every interaction with them.

Get an Attorney or At Least Speak with One

The best thing to do after your injury is to speak with a personal injury attorney right away so you can know your rights.  Here at Craven, Hoover & Blazek, P.C., an attorney will speak with you free of charge to obtain the facts surrounding your possible case and determine whether or not an attorney is necessary given the facts of the case.

You are generally not legally obligated to provide a recorded statement to the other driver’s insurance company. These statements are often used to cross-reference your story later to find minor inconsistencies. If your memory of the event changes slightly months later—which is common with trauma—they may use the recording to attack your credibility.

If you must give a statement to your own insurance company (which is often a requirement of your policy), keep your answers brief, factual, and direct. Do not volunteer extra information.  DO NOT give a statement for anyone without consulting with an attorney first. 

Get a Free Case Review in Indianapolis ⚖

Navigating Indiana Codes, dealing with aggressive adjusters, and calculating fair compensation for long-term injuries is a heavy burden to carry alone. This is where professional legal counsel becomes indispensable.

An experienced personal injury attorney acts as a shield between you and the insurance company. Once you have representation, adjusters are generally required to direct all communication through your lawyer. This prevents you from accidentally saying something that could arguably damage your case.

The Clock Is Ticking

It is also vital to remember the Statute of Limitations. According to Indiana Code § 34-11-2-4, you generally have exactly two years from the date of the accident to file a personal injury lawsuit in most cases.

Insurance adjusters know this timeline well. Some may drag out negotiations or delay returning calls in hopes that you miss this deadline. An attorney ensures your claim is filed correctly and on time, preserving your right to seek justice.  A defendant’s insurance company does not owe you any duties.

Protect Your Future

Recovering from an injury is hard enough without the added stress of a complex legal battle. While insurance adjusters play a necessary role in the claims process, remember that they are negotiating for their employer, not for you.

By knowing your rights under Indiana law, you can protect the compensation you deserve. You should not have to feel overwhelmed by insurance paperwork or pressure from adjusters, and you do not and should not have to face it alone.

Don’t let an insurance adjuster decide what your injury is worth. Our team understands Indiana’s comparative fault laws and knows how to counter the tactics insurance companies use to devalue claims. Contact Us Today to schedule your free, no-obligation case review in Indianapolis. Let us handle the legal fight so you can focus on healing.

Call Now to Schedule

Related Post: Insurance Company Traps: What Indiana Personal Injury Victims Need to Know

Understanding Indiana Personal Injury Settlements and Compensation

Posted on by

Navigating the aftermath of a personal injury can feel overwhelming. Beyond the physical pain and recovery, there is often a significant financial and emotional burden. Medical bills pile up, workdays are missed and income is lost, and the stress of dealing with insurance companies can add insult to injury. For many victims in Indiana, the path to recovery involves seeking a full and fair settlement.

Understanding how personal injury settlements work in Indiana is the first step toward reclaiming your life. It’s not just about getting money; it’s about securing the resources necessary to heal and move forward. Whether you were hurt in a car accident, a trucking collision, a slip and fall, medical malpractice or due to a defective product, knowing your rights and the potential value of your claim is essential.

This guide explores the critical aspects of personal injury settlements in the Hoosier State, helping you make informed decisions about your future.

Call 317-881-2700 to Speak With a Personal Injury Settlement Lawyer in Indianapolis
Call 317-881-2700 to Speak With a Personal Injury Settlement Lawyer in Indianapolis

Common Types of Personal Injury Cases in Indiana

Personal injury law covers a broad spectrum of accidents and incidents. In Indiana, several types of cases frequently arise, each with its own set of legal nuances.

Motor Vehicle Accidents

Car, truck, semi and motorcycle accidents are among the most common causes of personal injury claims. Indiana follows a “fault” system, meaning the person responsible for the accident is liable for the damages. These cases often involve negotiating with the at-fault driver’s insurance company to pay for medical expenses, vehicle repairs and pain and suffering.

Slip and Fall Incidents

Property owners have a legal duty to maintain reasonably safe premises. When they fail to do so—leaving wet floors unmarked, stairs in disrepair, or icy walkways—serious injuries can occur. Slip and fall cases fall under premises liability law, where the injured party must prove the owner or possessor of the property knew or should have known about the hazard.

Medical Malpractice

When healthcare professionals fail to provide the standard of care required, patients suffer. Medical malpractice cases can involve surgical errors, misdiagnoses, or medication mistakes. These claims are complex in Indiana due to specific procedural requirements, such as the need for a medical review panel before a lawsuit can be filed in most cases.

Workplace Injuries

While worker’s compensation covers most on-the-job injuries regardless of fault, there are instances where a third party (not the employer) might be liable. For example, if a delivery driver is injured by a defective vehicle part or a negligent driver from another company, a personal injury claim might be pursued alongside a worker’s comp claim.

Factors Affecting Settlement Amounts

No two personal injury cases are identical. The amount of compensation you might receive depends on a unique combination of factors surrounding your specific incident.

Severity of Injuries

The most significant factor is often the extent of the physical harm. Generally, more severe injuries that require extensive medical treatment, surgery, or long-term rehabilitation result in higher settlements. Permanent disabilities or disfigurement significantly increase the value of a claim due to the lifelong impact on the victim.

Liability and Comparative Fault

Indiana operates under a “modified comparative fault” rule (51% bar). This means you can recover damages only if you are less than 51% at fault for the accident. However, your compensation will be reduced by your percentage of fault. For instance, if a settlement is valued at $100,000 but you are found to be 20% at fault, you would receive $80,000. If you are 51% or more at fault, you recover nothing.

Insurance Policy Limits

Regardless of the case’s value, the at-fault party’s insurance policy limits play a practical role. If the liable driver only has the state minimum coverage, collecting a settlement beyond that amount can be difficult unless the defendant has significant personal assets or you have your own underinsured motorist’s coverage.  It is very important for you to have uninsured and underinsured motorist’s insurance coverage under your own automobile insurance policy as some drivers are driving without coverage.

Impact on Daily Life

The way the injury affects your day-to-day existence matters. If you can no longer enjoy hobbies, care for your children, or perform your job duties, these non-economic impacts are calculated into the settlement offer.

Schedule a Free Injury Case Evaluation in Indianapolis ⚖

Types of Compensation Available in Indiana

In legal terms, compensation is referred to as “damages.” Indiana law allows injured victims to seek various types of damages to cover both tangible and intangible losses.

Economic Damages

These are the objective, financial losses that can be calculated with receipts and bills.

  • Medical Expenses: Covers past, current, and future medical treatment, including ambulance rides, hospital stays, surgeries, physical therapy, and medications.
  • Lost Wages: Reimbursement for the income lost while recovering from the injury.
  • Loss of Earning Capacity: If the injury prevents you from returning to your previous job or working at all in the future, you can seek compensation for the difference in earning potential.
  • Property Damage: Costs to repair or replace damaged property, such as a vehicle in a car accident.

Non-Economic Damages

These damages are subjective and compensate for the personal impact of the injury.

  • Pain and Suffering: Compensation for the physical pain and emotional distress caused by the accident.
  • Mental Anguish: Covers psychological trauma, such as anxiety, depression, or PTSD resulting from the incident.
  • Loss of Consortium: In severe cases, spouses may seek compensation for the loss of companionship, services or intimacy.

Punitive Damages

Unlike economic and non-economic damages, punitive damages are not meant to compensate the victim but to punish the wrongdoer and to deter future similar conduct by the defendant and others. These are rare and only awarded in cases where the defendant’s conduct was particularly malicious, fraudulent, or grossly negligent. Indiana places a cap on punitive damages, limiting them to the greater of three times the compensatory damages or $50,000.

The Settlement Negotiation Process

Most personal injury cases in Indiana are resolved through settlements rather than trials. This process involves several strategic steps aimed at reaching a full and fair agreement without stepping into a courtroom.

  1. Investigation and Documentation: Your attorney gathers evidence, including police reports, medical records, witness statements, and expert opinions to document a strong case.
  2. Demand Letter: Once the full extent of your injuries is known (a point called “maximum medical improvement” or you have fully recovered), your attorney sends a demand letter to the insurance company. This letter outlines the facts, liability, and the specific amount of compensation requested.
  3. Insurance Response: The insurance adjuster reviews the demand and typically responds with an initial offer. This offer is often lower than what the claim is worth.
  4. Negotiation: Both sides exchange counteroffers. Your attorney argues for a higher amount based on the evidence, while the insurer tries to minimize the payout.
  5. Mediation: If direct negotiations stall, a neutral third-party mediator may help facilitate a resolution.
  6. Settlement or Trial: If an agreement is reached, you sign a release of liability in exchange for the settlement check. If not, the case may proceed to litigation.

What to Do If the Settlement Offer Is Too Low

Receiving a lowball offer from an insurance company is frustrating, but it is a common tactic. Do not feel pressured to accept the first number they throw at you.

First, ask for a detailed explanation of how they arrived at that figure. They may be missing critical medical records or misinterpreting the severity of your injuries. Next, review your documentation to ensure every expense and impact is accounted for.

If the insurer refuses to budge, filing a lawsuit may be the necessary next step. While going to court takes longer and costs more, simply filing a complaint shows the insurance company you are serious. Sometimes, the litigation is enough to bring them back to the negotiation table with a more reasonable offer.

The Role of a Personal Injury Attorney

Handling a personal injury claim on your own is not advisable. An experienced attorney acts as your knowledgeable advocate and guide and at a minimum, you should speak with an attorney as soon as you can after your injury to find out your rights and so evidence may be obtained.  Moreover, non-attorneys often make mistakes or do not obtain the correct evidence, and it disappears, both of which can cause you to lose your case and chance at obtaining a full and fair recovery.

Attorneys understand the tactics insurance companies use to devalue claims. They can accurately calculate the true value of your case, ensuring you don’t accept a settlement that fails to cover future medical needs. Furthermore, they handle the complex paperwork and legal deadlines, allowing you to focus entirely on your physical recovery. 

Finally, most non-attorneys do not know this but if any health insurer [for example, Medicare, Medicaid, ACA, Tri-Care, Railroad, or any employer based health insurer] paid for your medical care as a result of an injury you obtain settlement money for, you will have to reimburse them out of your settlement monies. This must be taken into account when reaching a settlement figure with the at-fault party’s insurance carrier. Your attorney can negotiate a reduced reimbursement figure in most circumstances.

SECURING YOUR FUTURE AFTER AN INJURY

A personal injury settlement is more than a financial transaction; it is a means to restore stability to your life after an unexpected trauma. By understanding the factors that influence your case, the types of compensation available, and the negotiation process, you empower yourself to make the best decisions for your recovery. Whether through skilled negotiation or litigation, seeking full and fair compensation is a vital step in closing this difficult chapter and moving forward with security and peace of mind.

If you have been injured and are unsure about your settlement options, professional legal counsel can provide clarity. Contact the law office of Craven, Hoover & Blazek, P.C. in Indianapolis today for a free personal injury case review. Our experienced team can evaluate your situation and help you understand your rights to fair compensation.

Call Our Office Now

Related Post: Inside Look at How Indiana Personal Injury Settlements Are Valued