Indiana law
Personal Injury Laws in Indiana.
Indiana follows a modified comparative fault system with a 51% bar — you can recover only if your fault is not greater than 50%. The general statute of limitations for personal injury is 2 years. Indiana has a unique punitive damages rule where 75% of any award goes to the state's Violent Crime Victims Compensation Fund. Government liability is capped at $700,000 per person / $5,000,000 per occurrence under the Indiana Tort Claims Act.
Last verified: 2026-02-25
State law
Statute of Limitations
Personal injury actions must be filed within 2 years of the date of injury.
Exceptions
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.
State law
Fault & Liability Rules
Indiana uses a modified comparative fault system. Recovery is reduced by the plaintiff's percentage of fault. If the plaintiff is 51% or more at fault, they recover nothing. Joint and several liability is effectively abolished — each defendant pays only their proportionate share.
State law
Damage Caps
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.
State law
Auto Insurance System
Indiana is a fault-based state. Minimum liability limits are 25/50/25. Uninsured motorist coverage is required at 25/50. Underinsured motorist coverage must be offered but is optional.
State law
Key Indiana Statutes
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.
State law
Official Sources
Not Legal Advice
This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Indiana.
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