If you are injured in a car accident, semi-truck accident, slip and fall, or any other type of accident you will likely want to pursue legal action in order to avoid paying unexpected medical bills and to be compensated for your injuries, pain and suffering, and lost wages. It is important to know that you have a limited amount of time to do so as a result of Indiana’s Statute of Limitations – Indiana Code section Indiana Code section 34-11-2-4.
But first, let’s talk about what a statute of limitations is. Most states have a statute of limitations for many things like criminal acts, personal injuries, and property damage. These statutes limit the amount of time you have to bring a claim. They do so in order to protect people from unexpected claims and to encourage those who have a claim to bring it immediately as opposed to sitting on it. There are exceptions to these limits, such as incapacity, but for the most part they are steadfast rules.
Here in Indiana the Statute of limitations applicable to personal injury is 2 years. This means if you are injured in an accident and want to bring a claim you only have two years to do so. The clock starts ticking as soon as the accident occurs, so if you want to bring a claim you should look to find an attorney quickly.
If you attempt to file your claim after the 2 year period the defendant will file a motion to dismiss and the court will almost always agree to do so because the statute of limitations is mostly inflexible. There are a few limited exceptions to this rule such as wrongful death and incapacity:
According to Indiana Code section 34-23-1-1, a wrongful death case may be brought up to 2 years after the death occurs, as opposed to the original injury.
Additionally under Indiana Code section 34-11-6-1 if the claimant is legally disabled and therefore unable to bring the case the statute is tolled until 2 years after they have the legal ability to make a claim. This applies to children under the age of 18, meaning the child can bring a claim anytime before they turn 20 years old. It is important to not, however, that this does not toll their parent’s claims, only the child’s.
Call and Experienced Indianapolis Personal Injury Lawyer
If your family member or friend has been killed or seriously injured due to the negligence of another contact an experienced Personal Injury Lawyer immediately. As you can see time is imperative and the sooner you hire an attorney the more helpful they can be. Personal Injury claims require quick and experienced legal and investigative response to preserve any evidence and help present your case in the best light possible. Contact the Attorneys at the Indianapolis Law Office of William “Bill” Hurst or call us toll free at (800) 636-0808 for a free consultation. ¡Hablamos Español!