How Indiana’s Laws Affect Your Personal Injury Case
To many, the most confusing aspect of law is how much it may change from state to state. Though many aspects can remain the same, other tedious details will change depending on where you are, and this can lead to a lot of confusion to anyone caught up in a case. Be sure that, if […]
November 24, 2017
To many, the most confusing aspect of law is how much it may change from state to state. Though many aspects can remain the same, other tedious details will change depending on where you are, and this can lead to a lot of confusion to anyone caught up in a case. Be sure that, if you are involved in a case in Indiana, you are aware of Indiana’s specific laws.
Damages
In terms of damages, different states set different caps and different procedures all depending on the types of damages.
In a case of wrongful death of a person without dependents, the damages will never exceed $300,000. However, exceptions are made when you add dependents into the mix, all depending on how many there are. In terms of medical expenses, the plaintiff will be covered for any expenses considered either “reasonable” or “necessary” for a full recovery. The responsible party will be held liable to cover these expenses of both past and future financial losses of the victim.
Statute of Limitations
In terms of timing, it is important to understand the statute of limitations on a case as it pertains to your own state. In Indiana, the different types of cases will have different statutes of limitations.
In a personal injury case, the victim typically has two years from the time of the accident to file a case. This is important to note, because anything outside of this time frame can be dismissed. Therefore, if in that two-year period you experience any side effects that may be a direct result of the personal injury, it is important that you file a case as soon as you experience this so that you do not run out of time to have a valid case.
Jurisdictions
Different states will classify cases differently, and this can directly impact the way the case is handled. In Indiana, any case that does not exceed $6,000 would be considered a “small claim” and will be handled as such. Any claim that stretched beyond this price will be considered general jurisdiction. This could include any civil, criminal, and appellate jurisdiction handled in court.
There is an exception: In Marion County, any case that does not exceed $8,000 can be handled in small claims court.
Worker’s Rights
Indiana has two acts in place to help protect its workers. The first is the Worker’s Compensation Act. This act provides a safety net to all employees in case of employment-related death or personal injuries. For example, if a construction worker takes a fall while on the job and experiences an injury, this act would require the employer to provide days off and compensation in order to help the employee heal from the work related injury.
The second act is the Occupational Disease Act. This act was designed to provide compensation for any disablement or even death that may occur because of exposure while on the job. This would be more likely to occur in a factory job or any other job where employees might be inhaling dangerous chemicals on an hourly basis.
Help from an Indiana Personal Injury Lawyer
If you are new to the state, or just not familiar with the laws, and you think you might be entitled to compensation, it is important that you educate yourself on your rights as stated by your own state. An experienced Indiana personal injury attorney can walk you through the steps and fight to get you the compensation you deserve for your personal injury. Call Hensley Legal Group today or contact us online for a free consultation.