Scott Law Office and Mediation CenterFindLaw IM Template2026-09-10T10:08:54Zhttps://www.indianatortlaw.com/feed/atom/WordPress/wp-content/uploads/sites/1500733/2020/03/cropped-img-32x32.pngby Scott Law Office and Mediation Center<![CDATA[How long do you have to file a wrongful death claim in Indiana?]]>https://www.indianatortlaw.com/?p=478292026-09-10T10:08:54Z2026-09-10T10:08:54ZIndiana's two-year statute of limitations
Indiana law generally gives families two years to pursue a wrongful death claim. Missing the applicable deadline can bar the claim unless an exception extends the filing period. This rule generally covers deaths resulting from car crashes, workplace incidents and similar events.
Wrongful death claims based on medical malpractice follow different timing rules. The limitations period may begin with the negligent act or omission instead of the date of death. These cases also require review by a medical review panel under Indiana’s Medical Malpractice Act before a lawsuit can proceed.
Who can bring a wrongful death claim?
Under Indiana law, only the personal representative appointed for the deceased person's estate can bring the claim. The representative pursues the claim for eligible family members, such as a surviving spouse, dependent children or parents who relied on the deceased for support. Before the case can proceed, the probate court must officially appoint the personal representative.
Exceptions that may extend filing deadlines
Indiana law may toll the two-year filing period in limited cases. The deadline may also be extended in certain situations. For example, the time may be extended if the person responsible for the death leaves Indiana during the applicable period. Fraudulent concealment may provide another exception when that person takes steps to hide their involvement. These exceptions depend on the facts of the case and may require a legal review.
Several situations may affect the filing deadline:
Absence from Indiana: The filing period may be tolled while the responsible party is outside the state.
Fraudulent concealment: Actively hiding involvement may extend the deadline in limited cases.
Minor beneficiaries: The two-year deadline generally applies even when surviving children or other beneficiaries are minors.
Estate representative: The personal representative generally must file the wrongful death claim within two years of the decedent’s death.
Rare exceptions may apply in extraordinary circumstances.
Why filing promptly protects the claim
Evidence can weaken over time. Witnesses may forget details, records may become harder to obtain and physical evidence may be lost. Indiana generally requires wrongful death claims to be filed within two years. Exceptions are narrow and depend on the facts. An attorney familiar with Indiana wrongful death law can confirm the deadline and help complete the required steps on time.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Are autumn rainstorms increasing semi-truck risks in Indiana?]]>https://www.indianatortlaw.com/?p=478282026-09-04T09:11:42Z2026-09-04T09:11:42ZWet roads can affect commercial vehicles differently than passenger cars
A semi truck needs more time and distance to slow down than a passenger car. Rain can reduce tire traction, limit visibility and make sudden braking more dangerous. Wind, standing water and slick pavement can also affect how a loaded trailer responds.
Federal safe-driving guidance for poor road conditions stresses that commercial drivers must slow down when weather or pavement conditions make normal driving unsafe.
Rain can make truck operation more dangerous
A serious truck collision may involve more than wet pavement alone. In autumn storms, a tractor-trailer may become harder to control because of speed, following distance, braking problems, shifting loads or poor visibility. Long stopping distances and downhill travel can make the danger worse when the truck driver does not adjust to the conditions.
These issues matter because a weather-related wreck may still involve unsafe truck operation, not just bad conditions.
Bad weather does not excuse unsafe truck operation
When those precautions are not enough to avoid a collision, the focus shifts from prevention to what the evidence shows. A serious wreck can happen when a commercial truck driver follows too closely, drives too fast for conditions or loses control of the vehicle. Evidence in trucking accident claims centers on weather conditions, operator decisions and how the rig was handled before the collision. A truck accident lawyer can review those details to determine whether the collision came from bad weather alone or from driver decisions that made the conditions more dangerous.]]>by Scott Law Office and Mediation Center<![CDATA[Can poor lighting contribute to a fatal pedestrian accident?]]>https://www.indianatortlaw.com/?p=478272026-08-17T20:35:42Z2026-08-17T20:35:42ZHow can poor lighting increase the risk of a fatal pedestrian crash?
Poor lighting can reduce visibility and leave drivers less time to react. Key visibility concerns may include:
Reduced visibility: Dark roads can make pedestrians harder to see until a vehicle is close.
Shadows and glare: Dark areas and glare can make it harder for drivers to see pedestrians.
Uneven lighting: Broken or weak lights can leave parts of roads, intersections and crosswalks difficult to see.
Hazard detection: Low light can make pedestrians, animals, debris and stalled vehicles harder to spot.
Less reaction time: Late detection can leave a driver with less time to brake or avoid a crash.
Seasonal darkness: Earlier sunsets in fall and winter can increase the time people travel in low light.
Driver responsibility: Drivers should slow down and use extra care when visibility is poor.
Other factors: Driver behavior, weather, road conditions and vehicle conditions can also affect a crash.
A careful investigation can help determine whether poor lighting contributed to a fatal crash.
Evidence to review after a poor-lighting pedestrian death
NHTSA research shows that poor lighting can raise the risk of deadly pedestrian crashes at night. Key evidence can help show whether lighting played a role, including:
Lighting records: These records can show whether a streetlight was damaged, missing or poorly maintained.
Scene photos: These photos can preserve the lighting, crosswalks, sidewalks and road conditions.
Surveillance footage: Nearby cameras may capture the crash and the conditions around it.
Witness accounts: Witnesses can describe what they saw and how clear their view was.
Roadway details: These details can show how curves, intersections or crosswalks affected visibility.
Expert analysis: An accident expert can assess lighting, weather, vehicle conditions and driver actions.
A police report may not show every factor that caused the crash. An Indiana wrongful death attorney can review the evidence and determine whether further investigation or legal action is needed.
Liability may extend beyond the driver
A municipality that failed to repair a broken streetlight, a contractor who installed inadequate lighting or a property owner who left a parking lot or walkway dangerously dark may share liability for a fatal crash. Because multiple parties can be involved, an experienced wrongful death attorney can investigate who had control over the lighting and whether negligence played a role.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can you sue if airbags fail to deploy in Indiana?]]>https://www.indianatortlaw.com/?p=478262026-07-31T16:08:07Z2026-07-31T16:08:07ZWhen can you sue?
Airbags are not designed to deploy in every accident; in fact, unnecessary deployment can cause additional injuries. They typically do not activate in minor collisions. However, if a collision occurs at a greater force where deployment was required for passenger safety, but the system failed to trigger, you may have grounds for a product liability claim.
Why didn’t the airbags deploy as they should?
Understanding the mechanics of airbag failure is essential for determining if a product defect caused your injury. The following technical issues may support a product liability claim in motor vehicle accidents:
Sensor failure: The system failed to detect the collision
Electrical malfunctions: There was an issue within the vehicle’s wiring or communication systems
Design or manufacturing defects: A flaw in the system’s design or assembly prevented proper activation
Identifying the specific cause of the failure is a critical step in building a strong case for compensation.
The importance of documentation
To support a claim, preserving evidence related to the accident is essential. This includes taking detailed photographs of the accident scene and the vehicle's interior, obtaining copies of police reports and maintaining comprehensive medical records documenting your injuries. Additionally, preserve vehicle maintenance logs to demonstrate that you properly serviced the car and maintained it in good working condition prior to the collision.
There is a window for product liability claims
Most people don’t realize that there is a legal window when it comes to product liability claims. Usually, you have only two years from the date of injury before you could file a claim. Past that, you might lose the opportunity to recover any damages. With the help of a legal guide, you can take required steps to file a product liability claim against a manufacturer. They can help fully understand your legal rights and potential for compensation after a serious accident.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Who is at fault if the car in front stops suddenly?]]>https://www.indianatortlaw.com/?p=478252026-07-22T18:48:40Z2026-07-22T18:48:40ZFactors that determine fault
The law recognizes that the front drivers can be negligent making a crash completely unavoidable for the motorist behind them. The front driver could share the majority or entirety of the fault if they stopped under the following circumstances, such as:
Brake-checking: Intentionally slamming on the brakes due to road rage or other unnecessary reasons, causing an avoidable crash
Broken brake lights: Failing to repair brake lights that are burned out or broken, leaving the following driver with no visual warning to stop
Aggressive lane cutting: Cutting in front of another driver and immediately braking, leaving no time to react
Unlawful stopping: Stopping suddenly in the middle of a moving travel lane for no apparent safety reason
The drivers are legally obliged to maintain a reasonable following distance behind a vehicle. If the front vehicle stops for a valid reason and you hit them you could be held liable for tailgating, distracted driving or failure to maintain safe distance.
What’s next after a crash?
Determining fault after a sudden-stop crash can be complex. However, Indiana’s strict two-year statutory limitation for personal injury claims makes it important to act promptly. If a rear-end collision injures you or your loved ones, an Indiana car accident attorney could help you understand your rights and how fault may affect your claim.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can you sue for drowning accidents at public pools in Indiana?]]>https://www.indianatortlaw.com/?p=478122026-07-16T10:44:52Z2026-07-16T10:44:52ZHow pool safety rules affect your claim
Pool owners and staff must take reasonable steps to protect you from known dangers. Public pools in Indiana must follow rules for lifeguards, rescue gear, first aid supplies, depth signs and emergency phone access.
You may have grounds for a claim if staff failed to watch swimmers or ignored signs of distress. Unsafe site conditions may also support a claim. These conditions could include cloudy water, poor lighting, broken drain covers or slick walking areas.
A lifeguard may also place the pool owner at fault by leaving a post, becoming distracted or delaying a rescue. To support your claim, you generally need to show that the owner owed you a duty, failed to meet that duty and caused the injury or death. Photos, video, witness statements and pool records may help explain what happened.
How government immunity affects public pool claims
A city, county, school district or other public body may own the pool. If so, the Indiana Tort Claims Act applies. This law shields public bodies from some claims, including claims tied to certain policy or design choices.
However, government ownership does not prevent every claim. You might still have a valid case if poor upkeep, unsafe daily operations or a worker’s careless act caused the harm. You must also follow the law’s notice rules. To pursue your claim against a local public body, you must file a written notice within 180 days of the incident, while claims against state-owned bodies require written notice within 270 days.
Protecting your family’s rights
You should review the pool’s safety rules, incident reports and other records tied to the accident. These details may help show whether negligence caused the harm. It may also help you prepare to take the next formal steps in an Indiana personal injury or wrongful death claim.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Is it illegal or unsafe for two motorcycles to occupy one lane?]]>https://www.indianatortlaw.com/?p=478112026-07-22T09:42:07Z2026-07-11T12:05:32ZThe law allows side-by-side riding
State statutes clearly state that motorcycle operators have the right to fully occupy a lane without another vehicle infringing on their space. However, the law also recognizes the potential benefits of allowing for side-by-side riding or lane sharing.
Riders can share lanes with one another whenever they can do so safely. Riding side by side makes motorcycles more readily visible to others in traffic. There is also another person nearby to assist if a collision occurs, as well as a witness who can validate what actually occurred prior to a crash.
Motorcycle riders can share a lane with one another without worrying about traffic citations or a driver who causes a crash blaming them for sharing a lane. A claim of partial fault could reduce the compensation awarded by the courts if a rider must file a lawsuit to cover crash expenses.
If a crash does occur, motorcycle riders often need help pursuing compensation. Reviewing motorcycle crash circumstances with an attorney can help injured riders understand their rights.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can criminal prosecution affect a wrongful death lawsuit?]]>https://www.indianatortlaw.com/?p=478092026-06-25T19:01:03Z2026-06-25T19:01:03ZProsecution doesn't prevent litigation
Many people are familiar with the idea of double jeopardy for criminal defendants. They know that one defendant should not face legal consequences multiple times for the same incident.
Contrary to what people sometimes mistakenly believe, successful prosecution related to the circumstances that caused a death does not prevent people from filing a wrongful death lawsuit. Civil litigation is separate from criminal charges, and a guilty plea or conviction does not prevent families from taking legal action.
In fact, it may have the opposite effect. If the party responsible for the tragedy pleaded guilty, the civil courts may treat that as an admission of responsibility for the incident. If the prosecutor were able to secure a conviction at trial, there is likely more than enough evidence to meet the standard imposed in a civil lawsuit scenario.
Reviewing a tragedy that has led to the loss of a family member and any criminal case associated with their incident can help families hold the right party accountable after losing a loved one. Lawyers can help families determine if they have grounds for wrongful death litigation and manage the complex legal process of seeking justice.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[How fatigue contributes to semi-truck crash risk]]>https://www.indianatortlaw.com/?p=478082026-07-22T16:16:10Z2026-06-12T00:20:11ZExhaustion diminishes driving capability
Motorists need to be aware of their surroundings. They sometimes need to make immediate decisions about how to respond to changing traffic conditions. Fatigue interferes with both of those capabilities.
Traffic safety researchers often compare drowsy driving to drunk driving. Extreme exhaustion affects people much like chemical impairment does. Drivers who have gone 20 hours or more without sleep may demonstrate driving abilities comparable to someone who is over the legal limit for their blood alcohol concentration.
Fatigue affects decision-making capability, reaction time and even mental focus. Both truck drivers and their employers can be liable for collisions caused by fatigue. Especially in cases involving a violation of the Hours of Service rules that limit how long commercial drivers are on the road, fatigue could be the underlying cause of the wreck.
Requesting compensation is a reasonable response to a preventable semi-truck crash caused by truck driver fatigue. Reviewing company policies and the records maintained by the electronic logging device (ELD) of a semi-truck with a skilled legal team could help those affected by commercial truck collisions verify if fatigue may have caused a recent wreck.]]>On Behalf of Scott Law Office and Mediation Center<![CDATA[Can you pursue punitive damages after a car crash injury?]]>https://www.indianatortlaw.com/?p=478072026-06-08T06:19:58Z2026-06-08T06:19:58ZThe meaning of punitive damages
Punitive damages, which courts also call exemplary damages, serve a different purpose than simply paying for your losses. Compensatory damages cover your medical bills while punitive damages exist to penalize a defendant for particularly harmful behavior and to discourage similar behavior in the future.
The conduct behind an award
Indiana law permits punitive damages only when the evidence points to conduct well beyond ordinary carelessness. The driver must have acted with malice, fraud, gross negligence or a conscious disregard for the safety of others.
Courts may also look at whether the defendant knew their actions carried a high chance of causing harm. A history of reckless action or prior offenses can help show that the at-fault party acted with deliberate disregard for public safety.
The evidence a court may weigh
The following types of records and testimony can play a role in meeting the court's higher standards:
Police and crash reports documenting reckless or unlawful operation
Chemical testing that confirms intoxication at the time of the collision
Electronic and phone records indicating distraction before impact
Witness accounts detailing erratic or aggressive driving
A prior record of violations establishing a pattern of recklessness
Speaking with an attorney can help you evaluate whether the available documents that you have and further gather any that you might need.
The constraints under state law
Indiana places a statutory cap on punitive awards. The maximum amount is the greater of three times your total compensation or $50,000. If a jury awards more than that limit, the court is required to reduce the award to comply with the cap.
A separate allocation rule also affects what you receive. Under Indiana law, you collect only 25 percent of any punitive award, while the remaining 75 percent goes to the state's Violent Crime Victims Compensation Fund.
Furthermore, you have two years from the date of your car accident to file a lawsuit. Missing this deadline prevents you from seeking any form of damages.]]>