Did someone hurt you in a personal injury accident? Before starting a claim, make sure you know the statute of limitations in Indiana.
Personal injuries involve a wide range of situations like car crashes, pedestrian accidents, falls, dog bites, and more. You have a legal deadline to start your case and pursue injury compensation.
In this article, we’ll explain how long you have to take action, why the statute of limitations exists, and potential exceptions that might extend the deadline.
How Long Is The Statute of Limitations in Indiana Personal Injury Cases?
The Indiana statute of limitations for personal injury cases sets a limit of two years to start your case. The clock starts ticking on the date of the incident, so don’t wait too long to file your claim. The courts tend to be strict about enforcing this rule unless you have a valid exception, which is explained in more detail below.
If you miss the deadline, your case is subject to dismissal. You’ll be barred from future claims and lose your opportunity to pursue a personal injury case. As a result, you could miss out on a valuable settlement or agreement to compensate you for your losses.
Why Is There a Statute of Limitations?
It might seem arbitrary to enforce a limit of two years on personal injury cases, but the statute of limitations exists for several good reasons.
First, it helps keep the facts and evidence fresh without allowing too much time to pass before starting the case. Time tends to cause memories to fade. When many years pass, it can be difficult for people to remember what they were doing on the date of the incident or what they saw and heard.
A statute of limitations also minimizes the risk of frivolous lawsuits where someone can sue you decades after an incident. It prevents cases from dragging out endlessly for years and years.
The deadline also creates a sense of urgency, which speeds things up and helps preserve the integrity of your case. If too much time elapses, witnesses and other parties may move away, become ill, or die. As the law is written, you can pursue a timely resolution to your case and hopefully secure the compensation you need to move forward from the accident.
Are There Exceptions to The Statute of Limitations in Indiana?
In some cases, the courts will allow exceptions to the two-year statute of limitations in personal injury cases. With an exception, you can secure more time to file your lawsuit and pursue compensation.
Concealment
The first exception involves concealment. If the other party has attempted to conceal details of the situation, perhaps regarding their liability for your injuries, you may receive an extension of the statute of limitations. During this time, you and your attorney can work to reveal the underlying facts needed to start the case.
Incapacitation
A personal injury case involving a legally incapacitated adult can be delayed until their competence is restored. Consult an attorney to discuss whether legal incapacitation may play a role in your situation.
Minor
If the injured person was a minor at the time of the incident, they may receive an extension to the statute of limitations. When they achieve the age of legal majority by turning 18, the clock starts ticking down on the two-year time limit.
Non-Residence
If the potentially liable party leaves the state of Indiana and becomes a nonresident, the statute of limitations can be paused and resumed when they return to the state. This exception allows injured people to pursue compensation even when the other party tries to avoid liability by leaving the state.
What Is The Indiana Probate Statute of Limitations?
This question most commonly arises in personal injury cases involving wrongful death. Generally speaking, an eligible person must file a wrongful death lawsuit within two years of the death of a loved one, just like in personal injury cases.
However, this differs from a case involving the Indiana probate statute of limitations. If you have a claim against someone after their death, there is a three to nine-month window to start your claim depending on the specific circumstances. Talk to a personal injury or wrongful death lawyer to understand your options.
Crossen Law Firm- Indianapolis Personal Injury Attorneys
Take fast action to ensure you don’t miss the deadline for starting your claim. You don’t have to handle the process alone. We can help.
Contact the Indiana personal injury lawyers at Crossen Law Firm to discuss the details of your injury including when it occurred and which legal options you have to move forward with your case. We’re an experienced legal team that makes it a priority to fight for our injured clients and seek compensation as quickly as possible before the time limit expires.
Call 317-401-8626 for a free consultation or contact us online.
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