Indiana Personal Injury Lawyer
Were you injured in a personal injury accident in Indiana? At Ward & Ward Personal Injury Lawyers, we are personal injury lawyers with a record of results spanning more than seven decades of Indiana practice.
If you have been injured because of another person’s or company’s negligence anywhere in Indiana, you have the right to pursue a civil claim for compensation. The process involves deadlines, procedural rules, and an insurance system designed to pay as little as possible. Ward & Ward Personal Injury Lawyers has represented injured clients across the state since Donald W. Ward was first admitted to the Indiana Bar in 1954. Our attorneys handle every stage of a personal injury case. Contact our Indiana personal injury lawyer for a free case evaluation.
Personal Injury Lawyer Indiana
Personal injury law in Indiana is governed by a negligence-based framework. The injured person must prove that someone else owed them a duty of care, breached that duty, and that the breach caused the injury and resulting damages. These claims cover situations ranging from motor vehicle accidents on I-65 to surgical errors in an Indianapolis hospital to slip-and-fall injuries at a commercial property in Fort Wayne.
Indiana applies a modified comparative fault rule under IC 34-51-2, reducing compensation by the claimant’s percentage of fault and barring recovery entirely when that share exceeds 50%. The two-year statute of limitations under IC 34-11-2-4 applies to most claims. An Indiana personal injury attorney can evaluate whether your case is viable and how to maximize its value.
Types of Personal Injury Cases We Handle in Indiana
Indiana’s mix of interstate highways, manufacturing operations, agricultural equipment, healthcare systems, and commercial properties produces a wide variety of personal injury claims. Ward & Ward Personal Injury Lawyers represents clients across the state in the following practice areas.
- Car accidents. Motor vehicle collisions remain the most common source of personal injury claims in Indiana. Distracted driving, speeding, impaired operation, and failure to yield cause thousands of crashes each year. The at-fault driver’s insurer controls the claims process, and early legal involvement protects the injured person’s position.
- Truck accidents. Indiana’s central location in the national freight network puts heavy commercial truck traffic on I-65, I-70, and I-69. When a tractor-trailer strikes a passenger vehicle, the injuries are frequently catastrophic. Federal motor carrier regulations add complexity that standard auto claims do not involve.
- Motorcycle accidents. Riders lack the structural protection of a car and face comparative fault arguments from insurers who assume the motorcyclist was at fault. Building evidence to counter that assumption is central to every motorcycle case.
- Mesothelioma. Indiana’s industrial history exposed thousands of workers to asbestos over several decades. The diseases caused by that exposure can take 20 to 50 years to develop. These cases involve tracing decades-old work histories and identifying the products responsible.
- Wrongful death. When negligence causes a fatality, Indiana law allows the personal representative of the estate to file a claim on behalf of surviving family members. Recoverable damages include funeral costs, lost future earnings, and loss of companionship.
- Medical malpractice. Healthcare providers who fail to meet the standard of care may be liable for resulting injuries. Indiana’s Medical Malpractice Act requires claims to go through a review panel before a lawsuit can be filed.
- Premises liability. Property owners owe a duty of care to people lawfully on their land. Slip-and-fall injuries, inadequate security, and hazardous conditions on commercial property give rise to these claims.
- Construction accidents. Falls from scaffolding, equipment malfunctions, and electrocutions on Indiana construction sites can produce severe injuries. Claims often involve third-party contractors or equipment manufacturers.
- Dog bites. Indiana law holds dog owners liable when their animal injures a person acting peaceably and lawfully present. These claims can involve pain and suffering damages for scarring and the psychological effects of the attack.
Why Choose Ward & Ward Personal Injury Lawyers as My Personal Injury Lawyer in Indiana?
More Than Seven Decades of Plaintiff-Side Representation Across Indiana
Ward & Ward Personal Injury Lawyers was built on a single principle: represent the injured person, not the insurance company. Every case the firm has taken since its founding has been on behalf of the plaintiff.
Charles P. Ward has been named a Super Lawyers honoree every year since 2005 and holds a Best Lawyers in America designation in Personal Injury Litigation. He also carries the AV Preeminent Peer Review Rating from Martindale-Hubbell, the highest available rating for legal ability and professional ethics. Charlie began his career with a clerkship at the Indiana Supreme Court under Justice Richard M. Givan.
Donald W. Ward has been licensed in Indiana since 1954. He served as President of the Indiana Trial Lawyers Association and received the Legendary Lawyer Award from the Indiana Bar Foundation in 2015. Don was honored with the Sagamore of the Wabash Award from the Governor of Indiana and has maintained continuous membership in the American Association for Justice since 1958.
The firm has recovered millions of dollars for personal injury clients across the state. That record reflects thorough preparation, direct communication, and a willingness to take a case to trial when the insurance company’s offer falls short.
What Is Important to Understand About a Personal Injury Case?
Damages, Liability, and Compensation for Personal Injury Cases
Indiana law divides recoverable damages into two categories. Economic damages cover the financial losses you can document: medical bills, surgical costs, diagnostic imaging, prescription medication, physical therapy, lost wages, and diminished future earning capacity. These figures are calculated from records, invoices, and economic projections.
Non-economic damages compensate for harm that does not carry a dollar figure on its own. Physical pain, emotional distress, loss of enjoyment of activities, and the strain an injury places on personal relationships all belong in this category. Indiana does not cap non-economic damages in most personal injury cases, though medical malpractice claims are subject to a separate framework under the Indiana Medical Malpractice Act.
The claim depends on proving that the defendant acted negligently. The central question is whether the defendant’s conduct fell below what a reasonable person would have done in the same situation. Indiana’s comparative fault rule adjusts the recovery based on each party’s share of responsibility, and the 51% threshold bars recovery entirely when the claimant’s fault exceeds that mark.
What Are Important Aspects of a Personal Injury Case?
Certain decisions made early in the process carry more weight than others.
- Prompt medical treatment. A delay between the accident and your first doctor visit creates an opening for the insurer to argue that the injury was not caused by the incident or is less serious than claimed. Consistent, documented treatment builds the personal injury case for both causation and damages.
- Evidence collection. Physical evidence, witness contact information, photographs, and surveillance footage all begin to degrade or disappear quickly. Securing this material in the first days after the accident is critical.
- Communication with the insurer. Adjusters make early contact for a reason. Recorded statements, signed medical authorizations, and quick settlement offers are designed to lock in a low payout before the injured person understands the full extent of the harm.
- Statute of limitations awareness. Indiana’s two-year filing deadline under IC 34-11-2-4 is strictly enforced. Missing it eliminates the claim regardless of its strength.
What Is the Personal Injury Case Timeline?
No two cases follow the same schedule, but a general progression applies.
- Medical stabilization. The injured person continues treatment until reaching maximum medical improvement. No case should be settled before that point. Closing early risks leaving future costs uncompensated.
- Investigation and documentation. The attorney compiles medical records, employment records, accident reports, and evidence of fault. Some cases require accident reconstruction or consultation with medical professionals.
- Demand and negotiation. A demand package is submitted to the at-fault party’s insurer. The insurer responds. Negotiation may go through multiple rounds before the parties resolve.
- Litigation. If the insurer’s offer does not reflect the full value of the claim, the attorney files a lawsuit. Discovery, depositions, and trial preparation follow. Most Indiana personal injury cases resolve before trial, but the willingness to go to trial affects the quality of the settlement offer.
What Should You Bring to Your Personal Injury Consultation?
Having documentation available at the first meeting allows the personal injury lawyer to assess the claim more quickly.
- Police, incident, or accident reports
- Medical records, bills, and imaging related to the injury
- Proof of lost wages or income
- Photographs of the scene, property damage, and your injuries
- Any correspondence from insurance companies
Your consultation with Ward & Ward Personal Injury Lawyers is free. The attorney will review the facts, explain how Indiana law applies, and outline the options available to you.
What Are Important Indiana Legal Resources for Personal Injury Cases?
Indiana law governs every personal injury claim filed in the state. The following resources provide access to the statutes and data relevant to your case.
- The Indiana General Assembly publishes Title 34, which includes the statute of limitations, the Comparative Fault Act, and the civil liability provisions that apply to personal injury claims.
- The Indiana State Police maintains the state’s central crash report repository and provides access to individual accident reports.
- The NHTSA collects national motor vehicle crash data, including fatality rates and crash-cause analysis for Indiana and every other state.
- The Indiana BMV outlines insurance requirements and financial responsibility obligations for drivers involved in Indiana accidents.
- The CDC Transportation Safety division publishes injury data and evidence-based crash prevention research.
Indiana imposes a two-year statute of limitations on personal injury claims under IC 34-11-2-4, measured from the date of injury. The state’s modified comparative fault rule under IC 34-51-2 bars recovery if the injured person’s fault exceeds 50%. These rules apply to all personal injury case types. Consulting with an attorney early protects both your evidence and your filing deadline.
Reach Out to Ward & Ward Personal Injury Lawyers to Schedule a Consultation
If you were injured anywhere in Indiana because of someone else’s negligence, Ward & Ward Personal Injury Lawyers can evaluate your claim and explain the legal process during a free consultation. Our attorneys have handled these cases across the state for more than seven decades. Contact us to schedule a meeting with an Indiana personal injury attorney. We make it a priority to return consultation requests quickly.
Personal Injury Statistics in Indiana
Indiana recorded 198,247 traffic collisions in 2023, a four percent decrease from the year before, according to the 2023 Crash Facts report prepared for the Indiana Criminal Justice Institute. Those collisions killed 928 people and left another 47,552 with non-fatal injuries. Crashes are not the only source of personal injury claims in this state, but they are the largest single category, and the patterns in the data repeat in the cases that come through our door.
The Indiana crash statistics compiled from officer reports attribute 84 percent of all collisions and 94 percent of fatal collisions to driver-related factors rather than weather, road conditions, or mechanical failure. That distribution matters to an injury claim. A case built on driver conduct is a case about negligence, which is exactly what an Indiana personal injury attorney has to prove.
- 871 collisions in 2023 were fatal, and the rate held steady at 4.4 fatal collisions per 1,000
- Failure to yield the right of way accounted for 33,857 collisions, more than any other single primary factor
- Following too closely accounted for another 30,747
- Hit-and-run collisions made up 13.7 percent of all crashes, the most common collision circumstance in the state
- Pedestrian collisions reached a five-year high of 2,186, and 17 percent of the pedestrians involved suffered incapacitating injuries
Fatal collisions concentrate outside cities. Urban areas produced 71 percent of all collisions but only 46 percent of the deaths.
Mistakes That Can Damage Your Personal Injury Claim in Indiana
Most claims are not lost at trial. They are weakened in the first few weeks, usually by decisions that felt reasonable at the time. These are the mistakes we see most often.
- Waiting to see a doctor. A gap between the accident and the first medical visit gives the insurer an argument that something else caused the injury. Emergency room records created the same day are worth more than a specialist visit three weeks later.
- Giving a recorded statement. The adjuster who calls in the first days is building a file, not gathering your side of the story. Any recorded statement you give about how you feel becomes a benchmark the insurer uses later.
- Posting on social media. Social media posts from injured claimants turn up in defense files constantly. A photograph at a family cookout does not show the pain you felt afterward, but a jury sees the photograph.
- Stopping treatment early. Indiana law expects an injured person to take reasonable steps to limit the harm. A failure to mitigate argument can reduce a recovery even when liability is not in dispute.
- Accepting the first offer. Early offers arrive before the full extent of an injury is known. Once you sign the release, the claim is closed regardless of what the next surgery costs.
- Guessing at fault. Saying you are sorry at the scene, or estimating how fast you were going, hands the other side material for a comparative fault argument. Describe what happened to the police and leave the conclusions to the investigation.
- Losing the evidence. Skid marks fade, vehicles get repaired, and businesses overwrite security footage on a set schedule. Witness statements become harder to get with every week that passes.
- Missing the deadline. Indiana’s statute of limitations closes the courthouse door two years after the injury for most claims, and claims involving a government defendant require written notice much sooner than that.
Indiana Personal Injury Lawyer FAQs
How much does it cost to hire an Indiana personal injury attorney?
Ward & Ward Personal Injury Lawyers handles injury cases on a contingency basis. You pay no attorney fee up front and no fee at all unless we recover money for you. The fee comes out of the recovery as a percentage agreed to in writing before we begin. The initial consultation costs nothing.
How long do I have to file a personal injury claim in Indiana?
Two years from the date of the injury for most claims. Different and much shorter deadlines apply when the defendant is a city, county, or state agency, and those notice requirements can expire long before the two-year mark. The deadline is the first thing we check at intake.
What happens if I was partly at fault?
Indiana reduces your recovery by your share of fault and eliminates it entirely once your share passes half. At 20 percent fault, a $100,000 claim pays $80,000. At 51 percent, it pays nothing. That threshold is why insurers work so hard to shift blame onto the injured person.
Does Indiana limit what I can recover?
Most personal injury claims carry no cap on damages. Medical malpractice claims and claims against government entities are governed by separate frameworks with their own limits. Whether a cap on damages applies depends on who the defendant is.
Will my case go to trial?
Most resolve before trial. With that said, whether a firm is prepared to go to court affects the size of the offers it receives, because insurers price cases differently depending on who is across the table.
How long will my case take?
Simple claims with clear liability can resolve in months. Cases involving surgery, disputed fault, or multiple defendants often run past a year. We do not recommend settling before you reach maximum medical improvement, since settlement timing matters less than settling for the right amount.
Who pays my medical bills while the case is pending?
Health insurance, med-pay coverage, or a letter of protection with your provider, depending on what you have. The at-fault insurer does not pay bills as they come in. Understanding how to pay medical bills during a case prevents accounts from going to collections.
What if the at-fault driver has no insurance?
Your own uninsured motorist coverage may respond. Indiana requires insurers to offer it, and many drivers carry it without realizing it. We review every policy in the household, because coverage sometimes exists where a client does not expect it.
Do I need a police report to bring a claim?
No, but it helps. Police reports fix the date, location, and parties, and they often contain the officer’s assessment of the primary factor. Claims still proceed without one when other evidence establishes what happened.
What happens at the consultation?
We review the facts, explain which deadlines apply, and tell you what the claim realistically involves. If we do not think a claim is viable, we say so at that meeting rather than months later.
Important Resources for Indiana Personal Injury Cases
Most Dangerous Roads and Locations for Personal Injury Cases in Indiana
Where a crash happens changes how serious it is likely to be. State data shows fatal collision rates of 8.5 per 1,000 on county roads, 7.6 on U.S. routes, and 7.0 on state roads, against 3.4 on local streets. More than half of all collisions happen on local roads, which carry the lowest fatality rate of any road class.
The same pattern holds by locale. Suburban, exurban, and rural areas together account for 29 percent of collisions and 54 percent of deaths. Rural roads carry the highest rate at 8.9 fatal collisions per 1,000.
Intersections tell a different story. Most collisions and most fatal collisions occur away from junctions, though railroad crossings carry by far the highest fatal rate at 29.0 per 1,000. Locally, dangerous intersections concentrate crashes in ways that documented crash histories can support a claim.
What Are Important Local Resources for Indiana Personal Injury Cases?
The following state agencies handle records, complaints, and data that come up regularly in Indiana injury claims.
- Indiana Department of Insurance, Consumer Services Division, 800-622-4461. Handles complaints against insurers licensed in Indiana.
- Indiana State Police crash records. Maintains the statewide repository of officer crash reports submitted through ARIES.
- Indiana Department of Health hospital directory. Lists every licensed hospital in the state with location and contact information.
- Insurer telephone directory maintained by the state. Lists direct claim lines for insurers licensed in Indiana.
Ward & Ward Personal Injury Lawyers does not endorse any of these organizations, and listing them here does not imply any affiliation, sponsorship, or relationship with our firm.
About Ward & Ward Personal Injury Lawyers
Two attorneys have carried this practice, and between them they cover more than seven decades of Indiana injury work.
Charles P. Ward has practiced for 37 years. He earned his law degree from Indiana University in 1989 and his undergraduate degree from Butler University, cum laude, in 1985. He was admitted to the Indiana bar and to the United States District Courts for both the Northern and Southern Districts of Indiana in the same year. He belongs to the Indianapolis Inn of Court and has been recognized among the Top 25 Trial Lawyers by the Motor Vehicle Trial Lawyers Association.
Donald W. Ward obtained his law degree from the University of Notre Dame in 1954 after finishing at Hanover College in 1951. Before building a plaintiff’s practice, he served as Deputy Trial Prosecutor for Marion County and as Deputy Corporation Counsel for the City of Indianapolis, which is where his understanding of how the other side prepares a case began. He is a Fellow of the Indiana College of Trial Lawyers and served three separate terms on the Indiana Judicial Nominating and Qualifications Commission.
What Our Clients Say
★★★★★
“I highly recommend Ward & Ward for anyone in need of strong, professional legal representation. They defended me when I had a slip and fall accident and my daughter when she was attacked by a dog. They handled everything with confidence and care from start to finish in both cases. I was supported and kept informed throughout the entire process and all options were explained clearly. They were truly committed to protecting my interests. If you want an attorney who is experienced, trustworthy and effective, I would not hesitate to call Ward & Ward.”
Kimberly May
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Additional Resources for Indiana Personal Injury Cases
- 5 Things You Should Do After an Accident
- How to Know if You Have a Strong Personal Injury Case
- What Is the Eggshell Skull Rule in Personal Injury Law?
- Common Questions About Hiring a Personal Injury Lawyer
- 11 Reasons Why Injury Cases Take Time to Settle
Contact Ward & Ward Personal Injury Lawyers
Contact us to have an Indiana personal injury lawyer review what happened and explain your options. The consultation is free and the case is handled on contingency, so there is no fee unless we recover for you. We will identify the deadline that governs your claim, tell you what records we need, and give you an honest read on what the case involves.