Portage, IN Personal Injury Lawyer

Sometimes, there is simply no way to avoid being injured in an accident. However, you should be compensated for your losses if another person was responsible for them.

That is where our experienced attorneys can step in and fight for the compensation you deserve. Our team will first determine how long you have to file your claim under the “statute of limitations.” The best course of action is to file your claim immediately so we do not need to worry about the deadline. However, we can explore exceptions that would allow you more time to file your claim if the deadline is approaching or already passed. Regardless of the type of accident you were injured in, our attorneys have the skills to help you get justice.

Contact Wruck Paupore today by calling (219) 322-1166 for your free case evaluation with our Indianapolis personal injury attorneys.

When You Should File a Personal Injury Claim in Portage, IN

When some people are injured by another person, they might vacillate on whether they should file a legal claim for damages. However, if you are the victim of negligence, time is of the essence, so you should not wait to get your case started. In Portage, injury victims only have two short years to file their claims under the state’s “statute of limitations,” according to I.C. § 34-11-2-4(a)(1). This is actually one of the most strict rules in personal injury law. If your case is not filed before the statute of limitations runs, you will lose your right to recover compensation.

Suppose the statute of limitations has expired in your case or is fast approaching. In that case, our personal injury attorneys can determine if an exception will allow us to “toll” the time the statute of limitations runs. Depending on the circumstances, the law does not consider it fair to put a time limit on filing a claim if reasonable challenges prevent a victim from doing so. Our team can help determine if your case meets one of the exceptions to this rule, ultimately giving you more time to pursue damages.

Exception for Children and Individuals with Legal Disabilities

One of the most common exceptions to the deadline is for those who have a legal disability at the time of the accident. A legal disability can include any legitimate mental or physical condition that keeps a victim from exercising their legal rights. In most cases, the definition is applied to children injured in an accident. Children are generally considered incompetent to exercise their own legal rights. Thus, children who suffer personal injuries have two years from the day they turn 18 to file a claim, while those with legal disabilities have two years from the date their disability is removed, as per § 34-11-6-1.

Exception for When the Defendant is Not an Indiana Resident

Portage is intersected by a few major interstate highways, like I-90 and I-94, and is only a short drive to the borders of both Illinois and Michigan. As such, it is possible that the person who injured you is not a resident of the city or Indiana. Suppose the defendant does not have an agent authorized to accept service of a claim or another person close to the defendant who Indiana law allows to accept service. In that case, the time the defendant is out of the state will not be tolled against the statute of limitations, according to § 34-11-4-1.

Exception for Concealing a Cause of Action

You will also have more time to file your claim if the defendant conceals a vital fact that misleads or defrauds you and prevents you from filing your case. This usually involves hiding important facts that you need to move forward with a claim. Perhaps the defendant lied about their identity or where they live, keeping you from being able to legally serve the defendant your claim. However, once you are aware of the concealment, § 34-11-5-1 gives you two years from that point to initiate your claim.

Personal Injury Cases Our Team Handles in Portage, IN

With decades of collective experience, our lawyers have handled virtually every type of case in personal injury law. The following are common claims we can help you file in Portage:

Vehicle Accidents

Claims for vehicle accidents are probably the most common. Some car accident claims are relatively straightforward, such as when the dispute is between only two drivers. We can also get you compensation quickly if the defendant obviously caused the crash. However, these claims can get more challenging when more parties are involved. If multiple drivers were in the crash, we would need to determine how each driver contributed to the crash and how much their actions contributed to your injuries.

Vehicle accident claims can be further complicated if a rideshare driver is involved, like a Lyft or Uber driver. Victims in these types of accidents might have several insurance options available, but knowing which ones you can pursue is often confusing and depends on the rideshare driver’s status when the crash occurred. If the driver was on duty or you were the rideshare passenger, you can usually claim Uber or Lyft’s insurance, which will cover damages of up to $1,000,000.

You might also have been injured by a negligent commercial truck driver. As mentioned, Portage has several stretches of major interstates connecting important commerce hubs in the Midwest, so countless trucks drive through here each day. If a trucker injured you, we can likely file a claim against them and the trucking company they work for, as most trucking companies are vicariously liable for their employees’ acts while on the job.

Slip and Fall Accidents

If you were injured because you fell on another person’s property, we can help you file a premises liability claim. Property owners, businesses, property tenants, and certain contractors had a general duty to keep the properties they manage safe. They can be sued for failing to uphold their duties if they allow a dangerous condition to remain on the property without clearing it or providing adequate warning signs.

Construction Accidents

Construction sites are known for dangerous accidents. Not only is the environment inherently dangerous, but much of the equipment can cause devastating injuries if defective or mishandled. As a result, knowing who to hold responsible for a construction accident can be challenging. In some cases, we will file a claim against the general contractor and property owner for failing to keep the premises safe. In other cases, we might sue an individual contractor for negligently creating the conditions that injured you.

Our Portage, IN Personal Injury Lawyer Are Ready to Help You Get the Compensation You Deserve

For a free case review with our Carmel, IN personal injury lawyers, call Wruck Paupore at (219) 322-1166.