Indiana Personal Injury Laws

Wrongful death actions must be filed within 2 years of the date of death. Only the personal representative of the estate may bring the action.

The statute is tolled for minors until they reach age 18. They then have 2 years (until age 20) to file.

Claims against political subdivisions (cities, counties, schools) require 180 days' written notice. Claims against state agencies require 270 days' written notice to the Attorney General. Government liability is capped at $700,000 per person / $5,000,000 per occurrence.

Product liability claims must be filed within 2 years but are subject to a 10-year statute of repose from initial product delivery.

Indiana does not cap non-economic damages in general personal injury cases.

Punitive damages are capped at the greater of 3 times compensatory damages or $50,000. Critically, 75% of any punitive award goes to the Indiana Violent Crime Victims Compensation Fund — the plaintiff keeps only 25%. Requires clear and convincing evidence.

Indiana's Comparative Fault Act eliminates joint and several liability. Each defendant is responsible only for their proportionate share of fault.

Governs all tort claims against government entities. Liability capped at $700,000 per person and $5,000,000 per occurrence. Strict notice requirements must be met or the claim is barred.