If you live in Indiana, it’s essential to know about the range of defenses to personal injury claims that can be used in court. These defenses can significantly impact your ability to receive compensation for your injuries and medical expenses, so it’s crucial to understand each one and how it could apply to your specific case.
Table of Contents
Statute of Limitations
Every state has its own laws governing the length of time in which you have to file a lawsuit. In Indiana, the statute of limitations for personal injury claims is generally two years from the date the injury occurred. If you don’t file your lawsuit before the deadline expires, the court will dismiss your case.
Contributory Negligence
Contributory negligence is a defense that aims to reduce the at-fault party’s liability by proving that the plaintiff was also partially responsible for their injuries. If the court finds that the plaintiff contributed to their injuries in any way, the damages awarded may be reduced accordingly.
Comparative Fault
Comparative fault is another defense that aims to reduce the at-fault party’s liability, but it takes a different approach than contributory negligence. Instead of focusing on whether the plaintiff contributed to their own injuries, comparative fault assesses how much each party was at fault for the accident. If the plaintiff is found to be partially responsible, the damages awarded will be reduced proportionately.
Assumption of Risk
Assumption of risk is a defense that aims to absolve the at-fault party of liability by proving that the plaintiff voluntarily assumed the risk of injury when engaging in a particular activity. For example, if you’re injured while playing a contact sport, the other party might argue that you knew the risks involved in the game and chose to play anyway.
Sovereign Immunity
Sovereign immunity is a type of defense often employed by government entities and officials. It asserts that certain government organizations and individuals are immune from lawsuits brought against them. In Indiana, there are specific laws that govern when the government can be sued.
Release/ Waiver of Liability
A release or waiver of liability is a legal document in which the plaintiff agrees to release the at-fault party from any future claims related to their injuries. This defense is commonly used in cases where the plaintiff participated in a potentially dangerous activity like bungee jumping or rock climbing.
Pre-Existing Conditions
If you have a pre-existing condition that’s aggravated by an accident, the at-fault party may argue that they’re not responsible for all of your medical expenses or injuries. They may claim that the accident only worsened an existing ailment, rather than causing a new injury.
No Causation
To win a lawsuit, the plaintiff must prove that their injuries were directly caused by the defendant’s actions. If the at-fault party is able to demonstrate that their actions didn’t directly cause the plaintiff’s injuries, they may be able to avoid liability altogether.
Conclusion
If you’ve been injured in an accident in Indiana, it’s important to know that there are a variety of defenses that the other party can use to reduce their liability or avoid it altogether. Understanding each defense and how it applies to your specific case can help you better navigate the legal system and increase your chances of securing compensation for your injuries.