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Indianapolis Personal Injury Attorneys
Getting Justice for Accident Victims Since 1968
1B+
recovered for clients
300+
years of combined experience
500+
cases won
Why Choose CohenMalad, LLP for Your Personal Injury Case?
Since 1968, CohenMalad, LLP has built a legacy of relentless advocacy, compassionate client care, and proven results. We understand that each case represents a person, a family, a story that deserves justice. When you choose us, you’re not just hiring an attorney — you’re gaining a trusted ally committed to your success.
Our attorneys are frequently recognized as leaders in the field, having received numerous awards and accolades. We prioritize empathetic service, clear communication, and transparency, keeping you informed and involved throughout your case. Our results-driven representation speaks for itself.
Types of Personal Injury Cases We Handle
Life-changing accidents require the knowledge and skill of a legal team that understands the emotional and financial toll such events can have. CohenMalad, LLP offers comprehensive services to address a wide range of personal injury cases, including the following:
Medical & Dental Malpractice
Medical professionals have a duty to provide competent care. If you or a loved one has suffered harm due to medical negligence, surgical errors, misdiagnosis, or other forms of malpractice, our attorneys can help you file a claim for damages.
Auto Accidents
If you've been injured in a car, truck, or motorcycle accident due to someone else's negligence, we can help you pursue compensation for your medical bills, lost wages, and pain and suffering. Our experienced auto accident attorneys understand the complexities of these cases and will fight tirelessly for your rights.
Premises Liability
Property owners are responsible for maintaining safe premises for visitors. If you've sustained injuries because of a slip and fall, inadequate security, or a hazardous condition on someone else's property, we can help you hold the responsible parties accountable.
Abuse
We represent survivors of physical and sexual abuse. Our caring attorneys provide sensitive and effective legal support to help victims seek justice and begin the healing process. This includes cases of nursing home abuse, assault, and other forms of mistreatment.
Workplace Accidents
Workplace injuries can have devastating consequences. Following a mishap on the job, we can help you understand the workers' compensation system and pursue additional legal action if necessary. We routinely take cases involving construction accidents, industrial accidents, and other workplace hazards.
Medical Drugs & Devices
If you've been harmed by a dangerous drug or defective medical device, you may be entitled to compensation. Our attorneys have experience handling complex pharmaceutical litigation and can help you hold manufacturers accountable for their oversights.
Wrongful Death
Our attorneys can help you file a wrongful death claim to seek compensation for funeral expenses, lost financial support, loss of companionship, medical bills incurred prior to death, and other damages. We are here to help you seek justice and hold the responsible parties accountable during this profoundly difficult time.
Other Injuries
We understand that injuries can result from a wide range of incidents. Whether you've suffered a traumatic brain injury, spinal cord damage, severe burns, or another serious injury, our attorneys can help you pursue the compensation you need, regardless of the circumstances of the accident.
How Personal Injury Cases Work in Indiana
If you're hurt in an accident someone else causes, you have the right to seek compensation from them.
You have several options for obtaining the financial support you need. You can make a claim with your own insurer, file a claim against the at-fault driver's insurance, or bring a lawsuit if the insurance companies refuse to offer a fair settlement. An Indianapolis personal injury attorney is essential in this process.
The possibility of a lawsuit can give you much leverage during negotiations. However, threatening a lawsuit without legal representation is often ineffective. A proven Indianapolis personal injury lawyer can add weight to your claim.
Indiana law places damage caps on personal injury cases, setting the legal limits at the following amounts:
- Medical malpractice: The total damage cap is $1.8 million. The healthcare provider pays the first $500,000, and the Indiana Patient's Compensation Fund covers the rest.
- Government liability: Damages from the government for a single incident are capped at $5 million for all claimants.
Contact an Indianapolis personal injury lawyer to better understand your rights and pursue appropriate compensation.
What Damages Can Be Recovered in an Indiana Personal Injury Claim?
Personal injury victims in Indiana can potentially recover various types of damages, which are broadly categorized as economic and non-economic. Economic damages pay for tangible financial losses, while non-economic damages address intangible losses like pain and suffering.
Economic damages may encompass:
- Medical expenses: Past and future medical bills, including hospital stays, doctor visits, therapy, medications, and medical equipment.
- Lost wages: Income lost due to the injury, including past and future lost earning capacity.
- Property damage: Costs to repair or replace damaged property, such as vehicle repair or replacement after a car accident.
- Other out-of-pocket costs: Any other expenses directly related to the injury, such as transportation costs for medical appointments.
In comparison, examples of non-economic damages include:
- Pain and suffering: Physical pain and discomfort arising from the injury and its effects.
- Emotional distress: Anxiety, depression, and other psychological harm resulting from the accident.
- Loss of consortium: Loss of companionship, intimacy, and support experienced by a spouse or family member due to the injury.
- Loss of enjoyment of life: Inability to participate in activities and hobbies you previously enjoyed.
Proving your losses — especially non-economic ones — will require strong evidence. A qualified personal injury attorney can help you calculate and pursue the full extent of your recoverable damages.
What Is the Statute of Limitations for Personal Injury Lawsuits in Indiana?
In Indiana, the statute of limitations for most personal injury lawsuits is two years from the date of the initial accident. This means you generally have 24 months from the time the accident occurred to file a lawsuit seeking compensation for your injuries.
That said, there are some exceptions to this general rule:
Medical Malpractice
Victims generally have two years from the date of the alleged malpractice to file a lawsuit or within two years of the date they discovered the impacts of malpractice. If the victim was under the age of six at the time of the incident, their family has until their eighth birthday to bring a lawsuit.
Sexual Abuse
The statute of limitations for civil lawsuits based on sexual abuse can be particularly complex and differs significantly from the general two-year rule. Indiana law often provides extended timeframes for victims of sexual abuse to file a lawsuit, particularly if the victim was a minor at the time the abuse occurred. Given the sensitive nature and legal nuances of these cases, it is absolutely essential to consult with an attorney experienced in sexual abuse litigation to understand the specific time limits applicable to your situation.
Minor Victims
If the injured person is a minor, the two-year statute of limitations generally doesn't begin to run until they turn 18.
Discovery Rule
The statute of limitations may sometimes be "tolled" (paused) if the injury wasn't immediately discoverable. For example, if you develop symptoms from a defective product months after using it, the clock would start from when you discovered the connection between the product and your injury.
It's crucial to understand that missing the deadline established by the statute of limitations can permanently bar you from pursuing compensation. If you've suffered injuries because of someone else’s actions, consult a personal injury lawyer as soon as possible to ensure that your claim is filed within the required timeframe.
Get Your Free Case Evaluation Today
Getting injured wasn’t your fault. Dealing with the financial fallout shouldn’t be your responsibility. Contact CohenMalad, LLP today for a free, no-obligation consultation. We'll review your case, answer your questions, and help you understand your legal options.
Meet Our Indianapolis Personal Injury Team
The accomplished team of personal injury attorneys at CohenMalad, LLP combines extensive legal knowledge with a steadfast commitment to client advocacy.
We bring decades of collective experience to the table, handling cases ranging from car accidents and medical malpractice to premises liability and product defects. We're determined to provide personalized attention and unwavering support to every client, assisting them in securing justice and fair compensation.
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Frequently Asked Questions About Indianapolis Personal Injury Claims
What should I do immediately after an accident?
First and foremost, prioritize your safety and seek medical attention if needed, even if your injuries seem minor. Then, if possible, gather evidence at the accident scene, including photos of the location, property damage, visible hazards and injuries, contact details of witnesses, and any other involved parties’ insurance information.
Notify your insurance company about the accident, but avoid admitting fault or speculating about the cause. Finally, contact a qualified Indianapolis personal injury lawyer as soon as possible to protect your rights and build a strong case.
How does comparative fault work in Indiana?
Indiana's comparative fault system assigns a percentage of blame to each party involved in an accident. This percentage will determine the amount of compensation you can receive.
For instance, if you’re deemed 20% at fault for your accident and your eligible damages are $10,000, your recovery would be reduced by 20%, leaving you with $8,000. Significantly, if you’re 50% or more responsible, you cannot recover any damages in Indiana.
What if the insurance company's settlement offer is too low?
Insurance companies often try to minimize payouts to avoid endangering their profits. Don't feel pressured to accept a lowball offer. Your attorney can negotiate with the insurer on your behalf, advocating for a fair settlement that reflects the full extent of your damages. If they’re unable to secure a fair agreement, they can file a lawsuit and take your case to court.
How much is my personal injury case worth?
The value of a personal injury case depends on many factors, including the nature and severity of your injuries, the extent of your medical expenses, the impact on your earning capacity, the amount of pain and suffering you've endured, and the availability of insurance coverage.
A knowledgeable personal injury attorney can assess your specific circumstances, gather evidence of your losses, and negotiate with insurance providers to pursue a fair settlement.
Will my case go to trial?
Most personal injury cases are resolved outside of court through negotiation. However, if the at-fault party’s insurance company refuses to offer a fair settlement, your attorney may recommend proceeding to trial.
While a trial can be more time-consuming and complex, it allows a jury to decide the case and potentially award a larger sum than the insurance company is willing to offer. Your attorney will guide you through the process and prepare you for every key stage.
Seek Dependable Legal Guidance Today
CohenMalad, LLP was founded with one simple mission: to help injury victims get the support they need to move forward.
Reach out to our seasoned Indianapolis personal injury lawyers today to discuss your accident and begin your journey toward recovery. Call us or fill out our online contact form to schedule your free consultation.
