Straight answers to the questions injured Hoosiers ask most—about deadlines, truck crashes, falls at businesses, and how our firm works. General information only, not legal advice.
Indiana deadlines and fault rules
How long do I have to file a personal injury lawsuit in Indiana?
Generally two years from the date of the injury, under Indiana Code 34-11-2-4. Wrongful death claims generally must be filed within two years of the death. Some deadlines are shorter, so it is wise to act quickly. Use our Indiana injury claim deadline calculator for an estimate.
What if a government vehicle, road, or building was involved?
The Indiana Tort Claims Act requires written notice within 180 days of the loss for claims against cities, counties, towns, and other political subdivisions (IC 34-13-3-8), and within 270 days for claims against the State (IC 34-13-3-6). Damages are capped and different fault rules apply.
What is modified comparative fault in Indiana?
Under Indiana’s Comparative Fault Act (IC 34-51-2), an injured person’s damages are reduced by their percentage of fault, and they cannot recover if their fault is greater than the combined fault of all others. Claims against government entities generally follow different rules.
Can I bring a claim for an Indiana crash if I live in another state?
Yes. If the crash or injury happened in Indiana, Indiana law and deadlines generally apply, even if you live elsewhere.
Are punitive damages limited in Indiana?
Yes. Indiana caps punitive damages at the greater of three times compensatory damages or $50,000 (IC 34-51-3-4), and most of a punitive award is paid to the State.
Semi and commercial truck accidents
How much insurance must a trucking company carry?
Most for-hire interstate carriers of general freight must carry at least $750,000 in liability coverage under 49 CFR 387.9, with higher minimums for oil ($1 million) and certain hazardous materials (up to $5 million). Many carry additional excess coverage.
Who can be liable for a semi-truck crash?
Potentially the driver, the motor carrier, the truck or trailer owner, the shipper or loader, a freight broker in some cases, a maintenance shop, or a parts manufacturer. See our page on who can be liable.
What evidence does a truck carry?
Most heavy trucks have an engine control module (“black box”), most interstate drivers use electronic logging devices, and many fleets use dash cameras and GPS telematics. Federal rules require carriers to keep hours-of-service records for six months (49 CFR 395.8(k)). See truck evidence.
How many hours can a truck driver drive?
Property-carrying drivers generally may drive up to 11 hours after 10 consecutive hours off duty, may not drive past the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and are limited to 60/70 hours in 7/8 days (49 CFR 395.3).
Should I talk to the trucking company’s insurer?
You are not required to give a recorded statement to the other side’s insurer. Many people talk with a lawyer first.
Which Indiana interstates do you cover for truck cases?
All of them, including I-65, I-69, I-70, I-74, I-64, I-94, I-465, and the Indiana Toll Road (I-80/90).
Slip and fall and premises liability
What do I have to prove in an Indiana slip and fall case?
Generally that a dangerous condition existed, the business knew or should have known about it, the business failed to use reasonable care to fix it or warn you, and the condition caused your injury. Customers are usually “invitees,” owed the highest duty of care (Burrell v. Meads, 1991).
What is “notice” in a slip and fall case?
Notice means the business knew about the hazard (actual notice) or it existed long enough that the business should have found it through reasonable inspection (constructive notice).
Can a landlord or snow-removal contractor be responsible?
Yes. Depending on the lease and contracts, a property owner, tenant business, management company, or contractor may share responsibility.
What should I do right after a fall at a business?
Get medical care, report the fall to a manager, photograph the hazard before it is cleaned up, get witness names, keep your shoes, and ask a lawyer to request surveillance video quickly.
Other injury claims
Is Indiana a no-fault car insurance state?
No. Indiana is an at-fault state. Minimum liability limits are $25,000 per person, $50,000 per accident for bodily injury, and $25,000 for property damage (IC 9-25-4-5).
Is a dog owner automatically liable for a bite in Indiana?
Only in limited cases. IC 15-20-1-3 makes owners liable for unprovoked bites of people performing legally required duties, such as mail carriers. Other cases generally depend on negligence and the owner’s knowledge of the dog’s tendencies.
Who files a wrongful death claim in Indiana?
The personal representative of the deceased person’s estate (IC 34-23-1-1). Separate statutes apply to unmarried adults without dependents and to children.
Can I sue someone other than my employer for a work injury?
Often yes. Workers’ compensation is generally the exclusive remedy against your employer, but you may bring a third-party claim against another negligent party (IC 22-3-2-13).
Working with Poynter & Bucheri
Do I pay attorney fees if I don’t win?
Poynter & Bucheri’s personal injury attorneys work on a contingency fee, which means that if you do not win your case, you will pay no attorneys’ fees (as stated on pb-law.com). If there is no recovery, the client owes no fee and no costs. Case costs and expenses are paid from any settlement or recovery—ask us for details on your matter.
When is the 25% fee available?
The 25% fee applies only to motor vehicle (car, truck, and motorcycle) accident cases settled prior to trial. If there is no recovery, the client owes no fee. Case costs and expenses paid by the firm are reimbursed from any settlement or recovery. This 25% fee is valid for 15 days after the date last advertised. Other case types and cases that go to trial may be handled under a different fee agreement—ask during your free case review.
Can your fee ever be more than what I get?
Not on a case that settles before trial. Under our Fair Fee Cap, if our fee would be more than your net share after costs and medical bills or liens, we lower it to match your share. It’s written into your fee agreement. *Limits the fee only; no result is promised. How the Fair Fee Cap works.
Is the case review really free?
Yes. Poynter & Bucheri invites you to arrange a free case review with one of its personal injury attorneys.
Do you take cases outside the Indianapolis area?
Yes. Poynter & Bucheri accepts injury cases throughout Indiana.
Where are your offices?
Main Office: 4202 Madison Avenue, Indianapolis, IN 46227
Downtown Indy Office: 55 South State Avenue, Suite 303, Indianapolis, IN 46201
Mooresville Office: 4 N. Indiana Street, Mooresville, IN 46158
Speedway Office: 5610 Crawfordsville Road #203, Indianapolis, IN 46224
Kokomo Office: 600 East Markland Avenue, Kokomo, IN 46901
pb-law.com/contact
Toll-free: 1-800-265-9881
Local: (317) 780-8000
What should I have ready for a case review?
Helpful items include the crash or incident report number, photos, names of witnesses, insurance information, and a list of your medical providers. You do not need everything to get started.
Does submitting the online form hire your firm?
No. Submitting the form does not create an attorney-client relationship. Do not send confidential information through the form.
Can I sue for emotional distress in Indiana?
Often, yes, if someone's carelessness caused a physical impact to you, like a crash, and you suffered serious emotional trauma. You don't need a separate physical injury. Indiana also allows some claims by close family members who saw a loved one killed or badly hurt, or arrived right after. A lawyer can tell you if your situation qualifies.
How likely is it to get sued after a car accident?
Most crash claims are settled by insurance companies without a lawsuit. If you're sued over a crash your policy covers, your auto insurer generally has to defend you, so tell them right away.
What if a driver ran me off the road but never hit me?
Coverage depends on your policy. Many Indiana policies only cover a hit-and-run driver if there was physical contact, so a "miss and run" may not be covered. Report it to police right away and call us to review your policy.
Why would you reject uninsured motorist coverage?
Some people reject it to lower their premium, but it's what protects you when the other driver has no insurance or too little. In Indiana, rejecting it must be done in writing. We generally suggest keeping it.
General information only—not legal advice. Laws change and every case is different; deadlines can be shorter in some situations. Prior results do not guarantee a similar outcome.