317-488-5500 
If you’re filing a personal injury lawsuit in Indiana, working with an Indianapolis personal injury lawyer can help you navigate Indiana Code Title 34 (IC 34): Civil Law and Procedure, which governs your case. This massive body of law outlines everything from how long you have to file a claim to what types of evidence can be used in a courtroom.
Because reading the actual legal code can be overwhelming, we have created this central hub to help you understand the most important rules and definitions that will impact your personal injury case.
Explore Specific Areas of Indiana Civil Law
Depending on the nature of your case, specific chapters of Title 34 will apply. Click the links below to read our detailed guides on the core areas of Indiana personal injury law:
- Indiana Statute of Limitations: How long you have to file your lawsuit (IC 34-11).
- Medical Malpractice Laws: Rules for suing doctors and hospitals (IC 34-18).
- Product Liability Act: Holding manufacturers accountable for dangerous goods (IC 34-20).
- Wrongful Death Act: Seeking justice when a loved one is killed by negligence (IC 34-23).
- Comparative Fault & Damages: How compensation is calculated if you are partially at fault (IC 34-51).
- Government Immunity & Premises Liability: Suing the state or property owners (IC 34-13 & IC 34-31).
Personal Injury Glossary: Key Definitions in IC 34-6-2.1
When lawyers and insurance adjusters argue about your case, they use specific legal terms defined in IC 34-6-2.1. Here are the most critical definitions you need to know, straight from the 2026 Indiana Code.
What is “Fault”? (IC 34-6-2.1-68)
In any personal injury case, proving who is at fault is the most important step. Indiana law defines it broadly to cover everything from simple carelessness to intentional harm.
Indiana Code Quote (IC 34-6-2.1-68(a)):
“Fault… means an act or omission that is negligent, willful, wanton, reckless, or intentional toward the person or property of others. The term includes… Unreasonable failure to avoid an injury or to mitigate damages.”
What are “Actual Damages”? (IC 34-6-2.1-1)
When you sue an at-fault driver or a negligent business, you are seeking “damages” to make you whole.
Indiana Code Quote (IC 34-6-2.1-1(a)):
“Actual damages… includes all damages that the plaintiff may have suffered in respect to the plaintiff’s character, property, business, trade, profession, or occupation.”
What constitutes “Physical Harm”? (IC 34-6-2.1-151)
To file a product liability or general injury claim, you must prove you suffered actual harm. The law clearly defines what this includes:
Indiana Code Quote (IC 34-6-2.1-151(a)):
“Physical harm… means bodily injury, death, loss of services, and rights arising from any such injuries, as well as sudden, major damage to property.”
The “Nonparty” Defense (IC 34-6-2.1-133)
Insurance companies often try to reduce their payout by blaming a “phantom” driver or someone who isn’t even part of the lawsuit. This is known as the “nonparty” defense.
Indiana Code Quote (IC 34-6-2.1-133):
“Nonparty… means a person who caused or contributed to cause the alleged injury, death, or damage to property but who has not been joined in the action as a defendant.”
Using Medical Records as Evidence (IC 34-43-1)
If you are injured, your medical records are the strongest evidence you have. However, getting these records admitted into a courtroom used to require doctors and hospital administrators to testify in person, which was incredibly expensive and time-consuming.
Under IC 34-43-1 (Hospital Medical Records), Indiana law streamlines this process.
Admissibility of Medical Copies (IC 34-43-1-4)
You do not need the original, physical paper file from the hospital, nor do you need the hospital’s record keeper to testify at your trial. Certified copies are treated as absolute proof of your treatment.
Indiana Code Quote (IC 34-43-1-4):
“Notwithstanding the hearsay rule, but subject to all other objections, photostatic copies of hospital medical records certified under section 7 of this chapter are admissible into evidence in any civil action or administrative proceeding without testimony from the custodian of the hospital medical records.”
How Your Attorney Gets Your Records (IC 34-43-1-5)
Because medical records are strictly confidential, your lawyer cannot simply ask the hospital for them. They must use a specific legal tool combined with your permission.
Indiana Code Quote (IC 34-43-1-5):
“When a: (1) subpoena coupled with a request under Rule 34 of the Indiana Rules of Trial Procedure; [or] (2) subpoena coupled with a patient’s written authorization… requiring the production of a hospital medical record is served upon any hospital employee, the hospital employee… may elect… to furnish the requesting party… with a photostatic copy of the hospital medical record.”
The Certification Process (IC 34-43-1-7)
For the copies to be legally binding in court, the hospital must provide a specific sworn statement guaranteeing that the records were made during your regular medical treatment.
Indiana Code Quote (IC 34-43-1-7):
“The hospital employee’s certification… must: (1) be signed by the hospital employee with custody of the hospital medical records; and (2) include… a statement in substantially the following form: ‘The copies of records for which this certification is made are true and complete reproductions of the original… The original records were made in the regular course of business…'”
Official Sources
To read the complete text of the definitions and evidence rules in the Indiana Code, visit the official Indiana General Assembly website:
- IC 34: Civil Law and Procedure (General Title)
- IC 34-6-2.1: Definitions
- IC 34-43-1: Hospital Medical Records Evidence
Call 317-488-5500 or complete a Free Case Evaluation form
