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Indiana has long benefited from a civil justice system grounded in balance, predictability and a recognition that economic growth and legal fairness go hand in hand.
That foundation has served the state well. But evolving litigation trends — and the (objective) data now available to policymakers — make clear that continued modernization will be necessary to sustain Indiana’s competitive edge.
The economic stakes are significant. According to research cited by the U.S. Chamber of Commerce Institute for Legal Reform, tort costs imposed a $7.9 billion burden on Indiana’s economy in 2022, nearly $3,000 per household.
These costs ultimately ripple through the broader economy, contributing to higher prices, rising insurance premiums and more cautious investment decisions by employers.
At the same time, new data points to emerging pressures within the litigation landscape itself.
Legal services advertising in Indiana increased by more than 46% in total spending between 2024 and 2025, reaching over $130 million across major media markets.
This rapid growth reflects a broader shift toward high-volume, highly visible litigation activity — one that can shape consumer expectations, influence jury perceptions and contribute to systemwide cost pressures.
Indiana is not starting from scratch. Over time, the General Assembly has demonstrated a willingness to address discrete challenges — whether through reforms targeting misleading lawsuit advertising, increasing transparency and guardrails around third-party litigation funding or the eliminating outdated evidentiary restrictions that prevented juries from considering seat belt use in auto-related cases.
These actions reflect a shared understanding that liability rules must evolve alongside economic and legal realities.
Last fall marked an important inflection point with the launch of the Indiana Alliance for Legal Reform.
For the first time in many years, Indiana’s business community, industry leaders and stakeholders are aligned around a coordinated, long-term approach to civil justice reform.
That alignment has continued beyond the legislative session and into the interim, where the focus has shifted to education, stakeholder engagement and thoughtful preparation.
This work is intentionally deliberate.
Durable reform requires more than identifying issues; it requires building a shared understanding of how liability rules function in practice and how they influence decisions made by employers, healthcare providers and investors across the state.
It also requires respect for the legislative process and recognition that meaningful changes are best achieved through collaboration.
Looking ahead, there are clear opportunities to build upon Indiana’s strong foundation.
National and state-level research points to several areas where targeted updates could further enhance fairness and predictability in the civil justice system, while reinforcing Indiana’s reputation as a state that is open for business and committed to balanced policy outcomes.
At the same time, it is important that any reforms preserve access to the courts and maintain appropriate protections for legitimate claims.
The Indiana Chamber of Commerce, in partnership with the legal reform alliance, is committed to continuing this work. The goal is not simply to revisit past debates, but to approach the next phase of reform with data, discipline and a focus on long-term economic impact.
The bottom line is this: Indiana’s business community is organized, engaged and aligned. With the momentum established over the past year and a continued commitment to collaboration with policymakers, the state is well-positioned to strengthen its civil justice system in a way that supports growth, investment and long-term stability.•
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Adam H. Berry is vice president of public policy and general counsel for the Indiana Chamber of Commerce. Send comments to [email protected].
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