What Is the Statute of Limitations in Indiana for Personal Injury Claims- and What Does It Mean for
Being involved in a car accident, slip, trip, or fall, or other incidents that cause harm can derail a person's life- leaving them injured, traumatized, and financially drained. The time following the accident can become a blur- but acting quickly before too much time passes is essential.
Luckily, the law allows people to claim back against the people responsible for their personal injury- and their insurance company- but they have to do it within the limits of the Indiana statute of limitations.
From medical malpractice to motor vehicle accidents, most personal injury cases must be submitted within the time frame of the Indiana personal injury statute of limitations. Otherwise, an injured person runs the risk of losing their chance to hold the people responsible for their pain and suffering accountable- and to claim financial compensation.
What is Indiana's personal injury statute of limitations- and what must victims do to ensure they don't miss the deadline? Find out now.
What Is the Indiana Statute Of Limitations on a Personal Injury Claim?
Indiana's personal injury statute of limitations is two years from the date of the accident or incident. Victims or their families must file a claim within the time limit to be able to pursue compensation for their injuries, pain, and suffering.
The statute of limitations applies to all kinds of personal injury cases- regardless of the severity of the injury or the nature of the incident.
Although some states have different statutes of limitations on personal injury cases that involve a wrongful death, Indiana law has the same allotted period.
What Happens If a Person Missed the Deadline?
The chances of being able to submit a personal injury case after the deadline passes are very low. In most situations, Indiana victims lose the right to seek compensation or justice for their injury if they fail to file the lawsuit within two years.
It is always a good idea to contact an experienced Indianapolis injury lawyer to find out what options are available. Depending on the circumstances, there may still be a way to successfully file a claim after the statute of limitations expires.
Are There Any Exceptions?
There are some exceptions to the Indiana personal injury statute of limitations- but each case must be evaluated individually.
Disability or Incapacitation
When a victim is physically or mentally incapacitated following the incident- or is registered as legally disabled, the statute of limitations does not begin until they are declared competent- or the status of legal disabilities is removed.
The same applies to victims younger than 18 years of. Their two years begin from when they turn 18.
In cases where the at-fault party takes fraudulent steps (against the discovery rule) to conceal their involvement- or attempt to misrepresent it- the court can delay the two-year time limit to begin on the date where the concealment ends and the true nature of liability is discovered.
Responsible Party is a Nonresident
If the responsible party leaves Indiana leaves the state after the incident before the case can be filed, the period of nonresidence does not count toward the statute of limitations. Victims can delay their claim until the other party returns- unless there is an agent present in Indiana for service of process to represent the defendant.
Delayed Injury or Illness
In some cases- although rare- the statute of limitations is extended if the victim's injury or illness does not present itself until years later. One example of this is mesothelioma- but the court must approve the case based on the individual circumstances.
Why Is There a Statute of Limitations on Personal Injury Cases?
The reason the statute of limitations exists for a personal injury lawsuit is to ensure proceedings are handled promptly and to avoid the loss of crucial evidence. If left for too long after the incident, it can be harder to find witnesses, confirm timelines, and gather all the necessary information to determine fault.
It exists to secure fairness for both parties- to give them both a chance to compile evidence to support their arguments- and ensure the right people are held accountable at the right time.
A claim made years after the incident could have essential pieces of information- and an involved person could have passed away before the lawsuit happens.
When Is the Best Time to File a Personal Injury Lawsuit in Indiana?
The best time to contact an Indiana personal injury attorney about filing a claim is as soon as possible. Delays only serve to complicate things- so the sooner a victim or their family takes legal action, the better a start they get on building their case.
An attorney can help to gather crucial evidence- liaising with the police, medical professionals, and witnesses to put together a strong claim quickly- then take the lead on the settlement negotiations on behalf of victims. They can advise on how to navigate your personal injury lawsuit in Indiana.
To summarize, the Indiana statute of limitations for personal injury claims is two years- starting from the date of the incident. Lawsuits must be filed within this time- unless they qualify under the exemption rules, and even then, there is no guarantee.
Don't delay seeking legal advice and counsel after an injury- it could be detrimental to the case and any compensation pursued.
Speak to Shuerger Shunnarah Trial Attorneys Today about Filing a Personal Injury Claim in Indiana: Let Them Go to War for You
When filing an Indiana personal injury claim, Shuerger Shunnarah Trial Attorneys should be the first port of call. They have years of professional experience fighting for injured parties and their families to get the maximum compensation possible. They can also answer questions like, "Do most slip and fall cases settle out of court?"
This elite and dedicated law firm can swiftly and efficiently take charge of legal proceedings following an accident- ensuring things are completed within Indiana's statute of limitations.
Contact the team today to arrange a free consultation with a team of aggressive and talented legal experts who will go to war for you.