Personal Injury Lawyer
in Fort Wayne, IN

What You Can Recover in an Indiana Personal Injury Claim

A personal injury claim in Indiana is meant to compensate you for all of the ways the injury has affected your life, not just the immediate bills.

• Medical expenses: All treatment already received (emergency care, surgery, hospitalization, physical therapy, medications), plus future medical costs that are reasonably expected based on the injury.
• Lost wages: Income lost during your recovery period. If the injury permanently limits your ability to earn, reduced future earning capacity is also a recoverable damage.
• Pain and suffering: Physical pain, emotional distress, and the general disruption to your life and normal activities.
• Loss of consortium: In cases involving severe or fatal injuries, a spouse may have a separate claim for the loss of companionship, support, and the relationship itself.
• Property damage: Vehicle repairs or replacement and other property losses directly tied to the accident.
• Punitive damages: Available in limited cases under Indiana Code 34-51-3-2 when the defendant's conduct was especially reckless or intentional. These are capped and less common, but available when the facts justify them.

What to Do After a Personal Injury in Fort Wayne

What you do in the hours and days after an accident can significantly affect the strength of a future claim.

Get Medical Treatment Immediately

Your health comes first. A medical record established close to the time of injury is also one of the strongest pieces of evidence, and gaps in treatment become arguments that your injuries were not serious or not related to the accident.

Document the Scene Before It Changes

Photograph the location, vehicles, visible injuries, and any conditions that contributed to the accident. Collect witness contact information before they leave, and request a copy of any police or incident report being filed.

Do Not Give a Recorded Statement

You are not obligated to provide a recorded statement to an insurance adjuster before speaking to an attorney. Statements made without counsel present are frequently used to limit your recovery.

Keep All Documentation

Save every letter, email, text, bill, or correspondence from insurers, employers, healthcare providers, and government agencies. Organize them by date so the full timeline of treatment, missed work, and communications is easy to review.

Be Cautious About Early Settlement Offers

Insurers often make an early offer before the full picture of your injuries, treatment, and missed work is clear. Accepting it typically ends your right to pursue more. Have an attorney review any settlement offer before you sign.

Contact a Personal Injury Attorney Before the Deadline

The earlier we can review the facts, the more time we have to investigate, preserve evidence, and build your case. Reaching out early also gives you guidance on what to do, what not to do, and what to expect from the insurance company.

How Indiana Personal Injury Law Works

Indiana has specific rules that govern how personal injury claims are brought and what you are entitled to recover.

Comparative Fault

Indiana uses a modified comparative fault system under Indiana Code 34-51-2-6. If you were partly at fault, you can still recover compensation as long as your share does not exceed 50%, with your award reduced proportionally. For example, if you are 20% at fault and your damages total $100,000, you recover $80,000.

Statute of Limitations

Under Indiana Code 34-11-2-4, most personal injury claims in Indiana must be filed within 2 years of the date of injury. Missing this deadline typically eliminates your right to recover. Limited exceptions exist for cases involving minors or injuries discovered later, but these are narrow.

Claims Involving Government Entities

If your injury involved a municipality, county agency, or state facility, Indiana's Tort Claims Act under IC 34-13-3-3 requires a notice of claim within 180 days of the injury for claims against political subdivisions. This is much shorter than the general statute of limitations.

Insurance and Available Coverage

Indiana is a fault-based state for vehicle accidents, with minimum liability coverage required under IC 9-25-4-5. Minimum coverage is often far below the value of serious injury claims, so we evaluate all available policies, including underinsured motorist coverage, when building your case.