Best Personal Injury Lawyers Fort Wayne, IN Of 2024 – Forbes Advisor – Technologist

If you or your loved ones have been injured due to someone’s negligence, you may be eligible to claim compensation for economic damages, such as loss of pay and medical bills, and noneconomic damages such as pain and suffering and emotional distress. Below is a guide to help you understand how you can file your claim.

Indiana Statute of Limitations for Personal Injury Cases

If you are injured in Indiana, you have two years from the date of the injury to file a lawsuit against the defendants. If you miss the statute of limitations, you may not be able to take any action to recover compensation. However, there are a few exceptions to this rule:

• A child under age six can file a medical malpractice suit until they turn eight.
• For asbestos-related injuries, a lawsuit can be filed within two years from the date when a person discovers that the injury was caused due to asbestos exposure.
• If a person dies of an injury caused by negligence, a lawsuit can be filed within two years from the date of the death.

The statute of limitations can be delayed in certain scenarios:

• If the defendant is not in the state, the statute of limitations is paused until they are back.
• If the victim is under the age of 18, a lawsuit can be filed within two years after they turn 18.

Indiana Personal Injury Laws

If you are considering filing a personal injury suit you should also be aware of the following laws:

• Lawsuits against Indiana. You cannot file a lawsuit against any state agency unless you have filed a notice of your claim with the attorney general or the agency within 270 days from the date of the injury. The notice must contain all the details of the claim, including the claimants’ information, the amount claimed and the extent of the loss.
• Modified comparative negligence. The state of Indiana follows the modified comparative negligence rule to determine the compensation you can receive in a personal injury claim. If you were partially responsible for causing the accident that led to your injury, your compensation is deducted by the percentage of your negligence. For example, if you were 20% responsible for the accident or event, you can recover only 80% of the total damages.However, if your responsibility is over 50%, you are not eligible for any compensation at all.

• Damages caps. In medical malpractice claims, you cannot recover a compensation higher than $1.8 million. For claims against the state government, the damages are capped at $700,000.

Personal Injury Settlement Considerations

Settlements are the preferred mode of resolution for both the parties and the court since avoiding lengthy trials helps save time and money and reduces pressure from the already overburdened justice system. If the insurance company offers satisfactory compensation, you can expect to finalize your settlement within a few months of filing the claim. However, the timeline can change based on the complexity of your case.

Any compensation received for physical injury is not taxable by the IRS. However, if you receive punitive damages, you may have to pay taxes on that portion of the compensation. You may also have to pay tax on any amount that is not received to compensate for a physical injury.