A Brief Review of Indiana’s Personal Injury Laws

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.

E-Cigarettes and Nicotine Poisoning

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

This year alone, Poison Control has received more than 2,500 reports of nicotine poisoning. The worst part is that more than 50% of those reports were children under the age of six! This is an evident increase in nicotine poisoning, largely related to the introduction of electronic cigarettes to the market. This means several people are switching to the liquid nicotine options, and bringing them into their homes with small children.

Liquid nicotine can be quickly absorbed through the skin, putting children and other innocent stand-byers at a higher risk of poisoning. Continue reading to learn more about the dangers of e-cigarette and nicotine poisoning, and who to call for questions about filing a product liability lawsuit in your state.

E-Cigarette Poisoning

The first problem with E-cigarettes is that the warning label is insufficient. It is heavily overshadowed by all the publicized benefits of liquid nicotine. Liquid nicotine manufacturers generally operate with little to no federal oversight. This is another reason that has led to the undeniable increase of unintentional nicotine poisoning in kids. Keep in mind that any product that is improperly labeled, or whose labels are misleading and deceptive, may be grounds for a lawsuit; especially if someone were injured or killed as a result of the product. This is a situation that calls for a licensed Indianapolis product liability attorney or personal injury lawyer. Over-exposure to liquid nicotine, or nicotine poisoning, can cause several health complications, injury, and even death.

Common Signs of Nicotine Poisoning Include:

• Vomiting
• Accelerated Heartbeat
• Mental Confusion
• Heightened Agitation
• Convulsions
• Seizures
• Irregular Heartbeat
• Rapidly Changing Blood Pressure
• Death
• And More

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Another danger associated with nicotine poisoning and E-cigarettes involves the flavorful tastes and scents intended to attract more adult smokers. This, unfortunately, can trigger a child’s curiosity and evoke them to try a puff or two, or more, to see what it tastes like. The smells, scents, and flavors of electronic cigarettes poses a real threat to children, enticing them to smoke and believing it is healthier or okay. It also entices children to want to smell the smoke and be around it more, putting them at higher risk for overexposure and poisoning.

Although it may seem like electronic cigarette smoking is the answer to a healthy alternative to regular cigarettes, the truth is that they still contain nicotine, which is a dangerous chemical; especially to young children. Keep this in mind next time you or someone you love puffs on an e-cigarette in the presence of a child or baby. If your child, or another child you know, has been over-exposed to nicotine from e-cigarettes, please contact a local personal injury attorney right away. You, or they, may be entitled to legal compensation for damages resulting from a product defect or liability.

Craven, Hoover, and Blazek P.C.

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call 317-881-2700 to learn more about product liability injuries and lawsuits in Indianapolis, Indiana. Attorney, Daniel Craven, is eager to answer your questions about filing a personal injury claim, product liability lawsuits, and more. He is a seasoned personal injury lawyer with decades of trial and litigation experience. Call and schedule a free initial consultation to discuss your personal injury accident and determine your eligibility for remuneration. We never collect lawyer fees unless we win your case. Call 317-881-2700 for personal injury legal services in Indianapolis, IN today.