Winter 2000

We are pleased by some recent changes in Indiana law which will better protect and compensate those wronged by others' negligence. The Indiana legislature has finally recognized that the family of a single adult who dies without young children deserves the right to bring an action against those parties who wrongfully caused the death. Previously, if a person died through the negligence of others but was not married and did not have dependent children, that person's family could not bring an action for damages. However, under the new law, effective on January 1, 2000, the deceased's family members can now seek compensation for their losses. For years, Indiana lawmakers have resisted change in this area, and Indiana was one of the few states in the country that recognized this archaic rule. Finally, after much lobbying and arm-twisting by consumer and pro-victim groups, the legislature was made to recognize the harshness of the rule and reluctantly agreed to conform with the national trend and allow recovery in such circumstances.

The lawmakers also voted to increase the cap on medical negligence claims from a total of $750,000 to $1,250,000. Since 1985, the Indiana Medical Malpractice Act limits all damages recoverable by victims of medical malpractice. The cap was originally $500,000 and was increased in the early 1990s to $750,000. However, it was apparent that this amount was insufficient to cover the costs associated with devastating injuries, such as cerebral palsy and paralysis, and the law was changed so that for claims that arise on or after July 1, 1999, the patient may receive a total of $1,250,000. Of course, we believe that it is unfair to place any cap on damages, but the $500,000 increase will go a long way to achieving just compensation for those suffering significant and debilitating injuries at the hands of negligent and careless healthcare providers.

Contact us online or call us at (219) 769-6393 or 1-800-873-0889 to learn more about our personal injury legal services.