How Long Do You Have To File Personal Injury Claims?
If you sustain an injury in Indiana due to an accident, it’s important to be aware that there’s a limited time frame available for you to initiate legal action to seek damages. In the state of Indiana, you typically have two years from the date of the accident to file a personal injury claim. This time limit is referred to as the “statute of limitations,” and it is critical to adhere to this deadline to preserve your legal rights.
Get the Legal Help You Need
The Law Firm of Doehrman Buba Ring knows that dealing with legal matters is the last thing you want to do while healing from an injury. That’s why we provide a free consultation with our Indiana personal injury lawyers. We’re here to examine the details of your situation and explain your legal choices. If you’ve been hurt in an accident in Indiana, don’t hesitate to reach out. The quicker you get in touch, the faster we can start advocating for you.
Indiana’s Statute of Limitations Laws
The Statute of Limitations is a legal principle that sets the maximum time after an event within which legal proceedings may be initiated. Generally, the statute of limitations begins to run at the time of the incident or when the injury is discovered.
In Indiana, the statute of limitations for personal injury claims is determined by Indiana Code § 34-11-2-4(a). If you file your lawsuit within two years of the accident or incident, you are within the statute of limitations.
This applies to the following:
(1) Injury to a person or their reputation
(2) Damage to personal property
(3) Medical Malpractice
Courts usually don’t change or extend deadlines for an Indiana personal injury claim. Contact an experienced personal injury attorney with Doehrman Buba Ring for help filing your claim promptly, or the court may dismiss your lawsuit.
Why Timely Filing is Essential for Preserving Legal Rights
Under the Indiana statute of limitations, adhering to the timeline for filing a lawsuit is a matter of utmost importance. Filing within the two-year window ensures that your right to legal recourse remains intact. Failure to do so typically results in the loss of the opportunity to have your case heard, no matter how genuine the claim or severe the injury. It is not enough to merely have a legitimate grievance; the procedural rules demand prompt action to uphold one’s right to compensation. Therefore, understanding and acting within the statute of limitations is crucial for preserving your legal rights and securing justice.
What Are the Exceptions to the Indiana Personal Injury Statute of Limitations?
Exceptions for Claims Against Nonresident Defendants
While the two-year limit usually applies, there are exceptions to the rule, especially if the person responsible for your injury has left Indiana under Indiana law, specifically Indiana Code § 34-11-4-1, the clock on the statute of limitations stops if the at-fault party moves out of state. This means the two years won’t count down while they’re gone. But, if they come back to Indiana, the clock starts ticking again. It’s crucial to know that this pause doesn’t apply to people who’ve never lived in Indiana or when someone in the state can be served for a company or other entity. Remember, you might have less time to sue once the responsible party returns, and waiting might mean missing your chance to sue. A personal injury lawyer can help make sure you don’t miss important deadlines in your personal injury case.
Special Considerations for Individuals with a Legal Disability
In certain circumstances, Indiana’s personal injury statute of limitations can be extended for Indiana personal injury lawsuits, according to Ind. Code § 34-11-6-1, individuals who are considered to have legal disabilities—such as minors or those who are mentally incapacitated at the time of the injury—are given extra time to file a personal injury lawsuit.
For minors, the countdown for the two-year filing window doesn’t start until they reach the age of 18.
Similarly, for someone who is mentally incapacitated, the statute of limitations is paused until they are deemed competent enough to manage their own affairs.
If you fall into one of these categories or represent someone who does, it is important to consult with a knowledgeable personal injury attorney to ensure that you act within the appropriate timeframe. Our legal team is ready to evaluate your case and advise if these special provisions apply to you.
What Does Concealment Mean for Your Personal Injury Claim?
If someone knows they caused your injury but hides it, this is known as “concealment” in Indiana. The law, specifically Ind. Code § 34-11-5-1 gives you more time to file a lawsuit if the responsible party kept their role in your injury a secret. Essentially, you have two years from the moment you discover their involvement to take legal action. Keep in mind that this rule doesn’t apply often, and you shouldn’t count on it without a lawyer’s advice. Contact us to see if this exception applies to your case so you don’t miss the chance to claim what you may be owed.
What Counts as a Personal Injury?
A personal injury in Indiana is defined as harm that comes to an individual’s body, mind, or emotional well-being, as opposed to damage to property. This can encompass a broad range of harms resulting from various incidents or accidents.
In legal terms, personal injury cases involve an individual suffering from an injury or injuries due to someone else’s negligence or intentional act. Indiana law permits an injured individual to pursue a civil lawsuit to seek compensation for their injuries from the party at fault. The purpose of this civil action is not to penalize the wrongdoer criminally but to restore, as much as possible, the injured person to the position they were in before the injury occurred.
Common Types of Personal Injury Cases
In Indiana, personal injury cases commonly include, but are not limited to:
Motor Vehicle and Car Accidents: Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians.
Slip and Falls: Incidents where individuals are injured by slipping, tripping, and falling due to dangerous conditions on a property.
Medical Malpractice: Cases where healthcare professionals cause harm through negligent medical care.
Workplace Accidents: Injuries sustained while on the job, which may involve workers’ compensation claims.
Product Liability: Injuries caused by defective or unsafe products.
Dog Bites: Injuries inflicted by a dog or other pet where the owner may be held liable.
Assault and Battery: Intentional acts of violence where the victim can seek damages from the perpetrator.
These represent only a sample of personal injury cases. Each type carries its own set of legal considerations, which is why it’s crucial to consult with a personal injury lawyer who can guide you through the complexities of your specific case.
What is the Purpose of the Statute of Limitations?
The statute of limitations exists to encourage individuals to file their legal claims promptly. This ensures that cases are heard while evidence is still fresh and helps avoid the complications that arise from trying to litigate a dispute after a long passage of time. Essentially, it deters the filing of claims that are outdated or might be fraudulent, where the details could be hazy or evidence lost over the years.
How Can I Make Sure I Don’t Miss The Statute Of Limitations?
To ensure you don’t miss the important deadline for your personal injury case, reach out to an Indiana personal injury attorney at Doehrman Buba Ring immediately. We will help you investigate your claim, gather evidence, and start your legal action before time runs out. Waiting to consult with a lawyer after an injury can hurt your chances of getting the compensation you deserve. Remember, the sooner you act, the better your chances of a positive outcome.
Contact Our Expert Legal Team Today
Our legal team at Doehrman Buba Ring understands the challenging circumstances you face following a personal injury. If your life has been significantly altered due to another’s negligence, it is crucial that you have a skilled attorney by your side. We are committed to providing compassionate and effective legal representation to ensure you receive the justice and compensation you deserve. For a comprehensive evaluation of your case at no cost to you, contact us today for a free consultation. Don’t let the statute of limitations run out on your chance for recovery. Contact Our Expert Legal Team Today and let us help you take the first step towards reclaiming your life.
