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Indiana Laws Related to Practice Areas
A wide variety of statutes passed by the U.S. Congress as well as the state legislature impact each and every personal injury claim -- both in how the claim is pursued and in how much financial recovery can be expected from aggressively litigating the lawsuit in court. The growing tort reform movement is actively campaigning to limit the monetary redress available to injured plaintiffs in this state and across the country. Here are a few examples of powerful laws that must be considered with severe and serious personal injury claims:
Statute of Limitations
The legislation applicable to personal injury causes of action for accidents occurring within the State of Indiana is two years. Lawsuits seeking justice for serious injury caused by the wrongdoing of another must be filed within TWO years of the date of injury (which may in some cases mean the date that the injury was discovered, this must be addressed by an attorney). However, in situations where a governmental entity may be responsible, tort claim notices must be provided well in advance of the two years, or the claim will be barred. Therefore, it is important to promptly consult with an attorney who is knowledgeable concerning the respective statutes of limitations, tort claim notice requirements, and any other limitations that may apply to your claims.
Punitive Damages
Punitive damages, otherwise known as “punishment damages.” are intended to punish wrongdoers -- and in doing so, provide them with incentive that prevents them from harming others in the future. Juries use punitive damages to send a message to evildoer corporations.
In Indiana law, punitive damages are allowed. The law imposes no minimums nor any maximums (“caps”). Many times, they are sought in drunk driving cases that have resulted in serious permanent injury or wrongful death.
Establishing the necessary basis for a punitive damage award under Indiana law is not easy: for a plaintiff to obtain an award of punitive (or punishment) damages, admissible and authenticated evidence must be provided to the jury that the defendant(s) did more than make a mistake. It must be shown that the defendant acted with reckless indifference to the safety of others. If this is proven, then the jury is left to debate and decide the amount of punitive damages that will be awarded.
However, Indiana juries are not without legal boundaries in their assessment. The United States Supreme Court has ruled on the constitutionality of punitive damage awards in several cases, warning that the jury’s determination must be “reasonable” compared to the defendant’s horrible conduct (BMW of North America, Inc. v. Gore); the punitive damages have to be based upon the acts of the defendants that harmed the plaintiffs in the case before the jury (State Farm Mutual v. Campbell); and the jury can consider harm to others when deciding how malicious the defendant’s actions were (Philip Morris USA v. Williams).
Workers’ Compensation
The Indiana legislature has passed legislation which creates the Indiana Worker’s Compensation Board and sets up a schedule of damages that are provided to workers injured on the job while working in the State of Indiana. As a “no fault” statute, there is no determination of who is to blame for the injury; instead, lost wages, medical expenses and the like are simply covered by the insurance carried by the employer. There is no lawsuit, nor any trial by jury. Instead, everything is heard and decided by the Workers’ Compensation Board. Employees who are not satisfied with its decision must follow an established review process which has also been set up by the legislation. Passed in an attempt to increase fairness to employees, these laws have taken away the ability of the employee to sue his employer for work on the job injuries in most cases. However, there are certain situations where claims can be made and there are many situations where the employee should pursue legal redress (for more information, please refer to the discussion on Work Injuries).
Medical Malpractice
The Indiana legislature has also passed laws impacting plaintiffs who are seeking legal remedies for serious injuries or death caused by the medical mistake of their doctor, nurse, hospital or other health care provider. Tort reform has corralled many Indiana medical malpractice claims and medical negligence actions, forcing them to comply with of the Medical Malpractice Act.
The statute can be disastrous for injured plaintiffs, because the courts have read the law to hold that any contributory negligence by the injury victim is a complete defense that bars any recovery by plaintiff. In Indiana, patient have a legal duty to exercise reasonable care, which means that they must be able to prove that they gave their doctor accurate and complete information and that they followed the doctor's instructions. King v. Clark, 709 N.E.2d 1043, 1046 (Ind. Ct. App. 1999); Smith v. Hull, 659 N.E.2d 185, 191 (Ind. Ct. App. 1995).
If you or a loved one has been seriously injured or killed due to the wrongful acts of another, then you may have a legal claim for legal damages as well as the right for justice against the wrongdoer and you are welcomed to contact the Northwest Indiana and Chicagoland personal injury lawyers at Kenneth J. Allen & Associates to schedule a free initial legal consultation.