Detailed Answer

This overview explains how to recover travel expenses for medical appointments in an Indiana personal injury case. It covers the legal basis, documentation requirements, and procedural steps. It is for educational purposes only and does not constitute legal advice.

1. Understand Travel Expenses as Special Damages

Under Indiana law, you may recover “special damages” you incurred because of an injury. Special damages include reasonable out-of-pocket expenses such as mileage, parking, tolls, meals, and lodging for medical appointments. See Indiana Code § 34-51-2-11 (defining medical, hospital, and related expenses) (IC 34-51-2-11).

2. Gather and Organize Documentation

• Maintain a mileage log. Record date, purpose, start and end locations, total miles, and a description of each trip.
• Collect receipts for parking, tolls, public transit, meals, and lodging. Keep originals or certified copies.
• Calculate costs using the current IRS standard mileage rate or actual expenses. Though not statutory in Indiana, IRS rates are widely accepted.
• Retain correspondence scheduling appointments and medical records showing the necessity of each visit.

3. Include Travel Costs in Pre-Suit Demand or Initial Disclosures

Before filing suit, your attorney typically sends a settlement demand letter listing incurred and anticipated travel expenses. If litigation proceeds, Indiana Trial Rule 26(A) requires disclosure of all categories of special damages, including travel costs.

When served with interrogatories under Trial Rule 33, respond with a detailed calculation and attach your logs and receipts.

4. Submit Documentation as Trial Exhibits

• Mark your mileage log, receipts, and cost summary as exhibits.
• During witness testimony, have the plaintiff or a qualified custodian of records authenticate the documents.
• Enter the exhibit list under Indiana Trial Rule 26(B)(1).

5. File a Motion to Tax Costs (Post-Judgment)

If the judgment awards special damages but does not specify travel costs separately, you may file a Motion to Tax Costs under Trial Rule 54. Attach your itemized list and invoices to support the requested amount.

Helpful Hints

• Use spreadsheet software to calculate totals and guard against math errors.
• Update your mileage log after each trip to avoid forgotten entries.
• Ask your medical provider for written confirmation when appointments change.
• Keep duplicate records—courts may not accept handwritten logs without corroboration.
• Review Indiana Code § 34-51-2-11 periodically for any legislative changes affecting special damages.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to address your specific situation.