How long do you have to file a personal injury claim in Indiana? Generally, Indiana uses a two-year statute of limitations for personal injury cases. However, exceptions to this regulation exist and may change the time available to proceed with your claim.
Fortunately, a personal injury lawyer in Indiana can review your case and provide specific information about your available time. Our team at Vaughan & Vaughan can monitor deadlines for you and keep you up-to-date about the status of your case.
Find out more by calling or filling out our online contact form.
What Is the Statute of Limitations for a Personal Injury Claim in Indiana?
The statute of limitations generally determines how long you have to file a personal injury claim in Indiana. In most cases, you must file personal injury claims within two years from the date of the injury. However, some exceptions can extend this time limit.
What Happens If You Miss the Statute of Limitations in Indiana?
If you wait too long to file your personal injury claim in Indiana, the court can dismiss your case, preventing you from seeking compensation for your losses. Therefore, we recommend contacting a personal injury attorney quickly after your accident.
Securing fast legal assistance can help you avoid issues with the statute of limitations that could derail your legal case.
What Are Some Exceptions to the Statute of Limitations?
Several exceptions can extend or toll (pause) the statute of limitations for filing a personal injury lawsuit in Indiana. One or more of these exceptions could apply to your claim, impacting the time you have to move forward with your claim. Indiana may extend the deadline if:
The Accident Involves a Minor
If the injured person is a minor under age 18, the court often tolls (pauses) the statute of limitations until they reach age 18. Then they would have two years from their 18th birthday to file a personal injury claim.
The Injured Party Experiences Mental Incompetence
If the injured person is mentally incompetent or cannot understand their legal rights, the court may toll the statute of limitations until the wounded party regains competency. A lawyer can provide more information about this exception.
The Accident Causes Latent Diseases
For illnesses or conditions that do not manifest until years later, the statute may begin from when you discover the illness, not the initial exposure. This situation often applies to asbestos exposure cases in Indiana.
The Accident Involves Fraud or Concealment
The court may extend this deadline if the defendant concealed vital information about the injury or if a defendant engaged in fraud. Your lawyer must show they couldn’t have discovered the facts earlier through reasonable diligence.
Other Issues Surround the Accident
Several other factors may impact the statute of limitations. For example, filing for bankruptcy can put civil legal proceedings on hold and toll the statute of limitations. Additionally, the court may adjust the deadline if the defendant dies before being served.
When does the Statute of Limitations Start Counting Down?
The personal injury statute of limitations in Indiana generally begins from the time of your accident. However, the countdown may start at different points in some circumstances.
For example, if it takes significant time to discover your injuries or an illness caused by another party, the statute may start running at the time of your official diagnosis. For example, in cases involving birth injuries, parents may not realize for months or years that an injury occurred.
You can learn more about the specific deadline for your claim with an Indiana personal injury lawyer.
How do You File a Claim to Avoid Issues with the Statute of Limitations?
Working with a personal injury lawyer can keep you on track to secure compensation before the statute of limitations expires for your claim. Law firms often focus on settling claims with insurance agents, which may allow you to secure compensation in a few months.
In other situations, your personal injury law firm may help you file a lawsuit against the individual who caused your injuries. Note that you do not have to completely resolve your lawsuit before the statute expires to receive compensation.
When Should You Contact a Lawyer After an Accident?
You may avoid issues with the statute of limitations by contacting a personal injury attorney in Indiana immediately after an accident. You do not have to wait a set period of time before seeking legal assistance.
Getting help right away can also make it easier for your lawyer to build your claim. For example, your lawyer may speak with witnesses before they forget what happened and collect evidence before it disappears, building a stronger claim to bring you damages.
What Compensation Can You Get Through a Personal Injury Claim?
Filing your personal injury claim on time can allow you to secure funds to cover all your losses in Indiana. You may receive damages to address your:
- Healthcare expenses, including emergency care and hospitalization
- Lost wages and reduced earning potential
- Property damage in some cases
- Pain, suffering, and mental anguish
Your legal team can review the extent of your losses as you focus on recovering from injuries like broken bones, concussions, internal injuries, or spinal cord injuries.
Learn More About Filing a Claim in Indiana
How long do you have to file a personal injury claim in Indiana? Generally, you have about two years, though the exact time may vary based on your circumstances. Find out more with our team at Vaughan & Vaughan when you call or fill out our online contact form.