Indiana’s Pedestrian Accident Statute of Limitations
Pedestrians injured by bicyclists, motorists, or other negligent parties do have the right to take legal action against those parties in civil court. However, Indiana limits the amount of time in which pedestrians are expected to conduct their investigations, estimate their losses, and file their complaints. Indiana Code §34-11-2-4 specifically caps a person’s right to file a pedestrian accident claim at no more than two years beyond the anniversary of that person’s accident. That means that the deadline for your personal injury accident triggers on the same day that your accident occurs. That deadline can naturally be overwhelming for most people, particularly those contending with severe injuries after a pedestrian accident. Fortunately, our Carmel pedestrian accident lawyers have the experience to help you focus on your recovery without compromising your deadline. Our team can initiate an investigation into your losses within hours of your accident.Acting Within Your Statute of Limitations
What do pedestrian accident attorneys in Carmel do with the two years given to our team to investigate your losses? We can:Hold the Right Party Accountable for Your Losses
When it comes time to hold someone responsible for your pedestrian accident, you need to consider what evidence of negligence you have on hand. You must be able to defend accusations of fault if you want to fight for compensation in civil court. With that in mind, our team fights to get to the scene of your accident early to better gather:- Statements from bystanders
- Photos of your surroundings
- Video footage of your accident
- Records of debris distribution
- Police reports
- First responder records
Break Down the True Value of Your Pedestrian Accident
Your post-pedestrian accident bills can add up quickly. Between your medical care, property replacement, and wages lost during your recovery, you can find yourself facing the risk of substantial debt. When you collaborate with an attorney, though, you can get out ahead of that debt courtesy of compensation from an at-fault party. Our attorneys calculate the compensation you may have the right to by finding the sum of your economic and non-economic pedestrian accident losses. We look at your post-accident bills from emergency responders and general practitioners and supplement those expenses with an estimate of the wages you haven’t earned. We then use state-approved modifiers to stand in for the accident losses that don’t generate bills. You have the right to receive economic compensation for intangible losses like emotional distress, mental anguish, and pain and suffering. You can discuss your right to these damages during your initial case consultation.Help You Decide How Your Case Moves Forward
There’s no single road you have to take to secure the compensation you deserve after a pedestrian accident. If the person responsible for your accident seems remorseful, you could initiate a conversation about a settlement in out-of-court negotiations. These negotiations could see you receive a settlement for your losses within weeks of your accident. That said, belligerent liable parties or corporations may refuse to meet with you for independent settlement negotiations. In these cases, you can opt instead to take your case to a judge. A jury oversees your right to compensation in a civil trial. These procedures require you to go through:- Opening statements
- Examination
- Cross-examination
- Closing statements
- Deliberation
- Verdict