Overview of Personal Injury & Wrongful Death Law in Indiana

Personal injury law exists to protect individuals who are harmed because someone else failed to act responsibly. In Indiana, these claims arise when negligence, recklessness, or intentional wrongdoing causes physical injury, emotional trauma, or death. Wrongful death claims are closely related but focus on compensating surviving family members when a loved one dies due to another’s actions.

Indiana personal injury cases are governed by state statutes, court rules, and long-standing case law. Most claims are civil matters resolved through settlement negotiations or litigation in Indiana state courts, although some cases may proceed in federal court depending on jurisdiction.

Common Personal Injury Sub-Practice Areas

Indiana personal injury law encompasses a wide range of claims, including:

Motor Vehicle Accidents

• Car accidents
• Truck and commercial vehicle crashes
• Motorcycle accidents
• Pedestrian and bicycle accidents
• Hit-and-run collisions

Indiana follows a fault-based system, meaning the at-fault driver is responsible for damages. Comparative fault rules apply, reducing recovery if the injured party shares responsibility.

Premises Liability

Property owners have a duty to maintain safe premises. Claims may arise from:

• Slip and fall accidents
• Inadequate security
• Unsafe stairways or walkways
• Negligent maintenance

Medical Malpractice

Medical providers may be liable when they fail to meet the accepted standard of care, resulting in injury or death. Indiana medical malpractice cases are subject to special procedural rules, including review by a medical review panel.

Catastrophic Injuries

These involve severe, life-altering harm, such as:

• Traumatic brain injuries
• Spinal cord injuries
• Amputations
• Severe burns

Wrongful Death Claims in Indiana

Indiana recognizes wrongful death claims under specific statutes depending on the deceased’s status:

• Adult wrongful death claims
• Child wrongful death claims
• Unmarried individuals with or without dependents

Eligible damages may include:

• Funeral and burial expenses
• Medical expenses related to the final injury
• Loss of financial support
• Loss of companionship and services

Wrongful death claims must be filed by the legally authorized personal representative of an estate, not individual family members acting alone.

Statutes of Limitations and Deadlines

Most Indiana personal injury and wrongful death claims must be filed within two years of the injury or death. Missing this deadline typically results in permanent loss of the right to recover compensation.

Certain claims, such as those involving government entities or medical malpractice, may have shorter notice requirements or additional procedural steps.

What Compensation May Be Available

Indiana personal injury victims may pursue compensation for:

• Medical expenses
• Lost wages and future earning capacity
• Loss of enjoyment of life
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement

Wrongful death claims may also include damages related to the loss of companionship, care, and support.

How an Indiana Personal Injury Attorney Helps

An experienced Indiana personal injury attorney can:

• Investigate the incident and gather evidence
• Identify all responsible parties
• Work with medical and financial experts
• Negotiate with insurance companies
• Litigate the case through trial if necessary

Legal representation is especially critical in serious injury and wrongful death cases where insurance companies aggressively defend claims.

If you or a loved one has been injured or suffered a wrongful death, experienced legal representation can make a critical difference. Call (317) 773-4400 to speak with a trusted personal injury attorney serving Noblesville, Hamilton County, Indianapolis, and Central Indiana.

Serving Noblesville, Hamilton County, Indianapolis, and Central Indiana

Our firm proudly serves clients in Noblesville, throughout Hamilton County, and across Indianapolis and Central Indiana. With deep knowledge of local courts, judges, procedures, and community resources, we provide practical, results-focused legal representation tailored to the unique needs of individuals, families, and businesses in this region.

Whether your legal matter is filed in Hamilton County courts, involves agencies or courts in Indianapolis, or arises elsewhere in Central Indiana, our attorneys understand the local legal landscape and how to navigate it efficiently. We combine regional insight with personalized attention, ensuring that every client receives trusted guidance close to home.

📞 Call 317-773-4400 for a confidential consultation
📍 Serving Noblesville, Hamilton County, Indianapolis & Central Indiana