Clarksville, IN Personal Injury Lawyer

Most personal injury victims can ill afford the damages and other consequences an accident can cause. To help cover your losses, our team can help file a legal claim against those responsible.

In most cases, victims have only two years to file a civil claim, so it is crucial to contact our attorneys and file your case as quickly as possible. Filing sooner rather than later is also the best way of preserving important evidence that our team will use to prove your case. We will also have the necessary time to identify other potentially liable parties. For instance, if a negligent driver hits you, and we determine they were working at the time, we can likely file your claim against the company they work for, as well.

Contact Wruck Paupore at (219) 322-1166 for a free case assessment with our personal injury attorneys.

When to Start Your Personal Injury Case in Clarksville, IN

Filing a legal claim against a person or company when they negligently injure you is a big step, so it is natural to want some time to consider how that will impact your life. However, the consequences can be far worse and more expensive if you wait too long to file your personal injury claim. The civil statute of limitations for injury claims provides just two years from the date of the accident to file, according to I.C. § 34-11-2-4(a)(1). This is much less time than it seems. If your case is filed after the limitations period passes, insurance companies and the court will not entertain the claim, and you will completely lose your chance to recover compensation in most instances.

Fortunately, the law recognizes a few situations where justice requires “tolling” the statute of limitations, pausing it for a certain amount of time. If an exception applies, it will give our personal injury lawyers additional time beyond the two-year period to prepare and file your claim. For instance, § 34-11-4-1 will toll the limitations period if a nonresident of Indiana injures you and is not in the state to accept service of process. Considering that Clarksville sits right on the state line at the Ohio River, this situation is certainly possible.

The statute of limitations will also be tolled if a liable party concealed a fact from your knowledge that prevented you from bringing your cause of action under § 34-11-5-1. For example, it will take additional time to identify a potential defendant who provided a fake name or address, and that time should not count against you.

Another common exception used to toll the limitations period is for injury victims under a “legal disability” when the accident occurred. § 34-11-6-1 provides two years from the date the “disability” is removed to bring a claim. Many conditions fall under “legal disabilities,” but essentially, it is a condition that prevents you from understanding or exercising your legal rights after getting injured. “Infancy” is such a condition. Injury victims under 18 cannot file a lawsuit, so they will have two years from their 18th birthday to file their case.

Who to File Your Personal Injury Claim Against in Clarksville, IN

While determining how long you have to file, our team will also review the facts regarding who your claim should be filed against. This might entail little mystery if the responsible party is an individual, like a negligent driver. Other cases are more challenging because additional defendants might be involved, like the employer of a negligent worker. Additional restrictions will also apply if your claim must be filed against a government entity.

Individuals

Many claims are filed to hold negligent individuals responsible for their actions. For instance, if a negligent driver injured you in a car crash, we would file your claim against them. However, we can file a claim against multiple individuals in the same claim if more than one driver was involved in the accident. Under § 34-51-2-6, each individual can be held liable for their share of the blame for the accident. You should exchange information with the other drivers involved in a multi-vehicle crash, but our team can examine the police crash report to identify defendants if you did not have a chance to speak to them on the scene.

Suppose you were injured while on another’s property, like slipping at a neighbor’s house. Your claim can be directed at the property owner. Individual property owners have a duty to maintain their premises and keep them safe for guests, and they can be held liable if they breach this duty.

Companies and Organizations

Claims against a company or organization can be much more complicated than against an individual person. For example, many slip and fall accidents occur in businesses like restaurants, grocery stores, and others with high customer traffic. In such cases, your claim must typically be filed against the business since they are directly responsible for the conditions on the premises. However, other parties, like the property owner or another organization, can also be held liable if they share responsibility for the premises.

Businesses and organizations are used to fighting claims and often have large legal teams to do so. Having our experienced lawyers on your side can even the playing field. We can also file a claim against a private company for the negligent acts of its employees if they injured you while on the clock.

Government Agencies and Employees

Different rules will apply if the organization you are suing is a government employee. Government workers cannot actually be held liable for negligence because they are protected by “sovereign immunity.” That does not mean you are on the hook for your damages. Instead, we will file your claim against the government agency that employs the negligent worker. However, you only have 180 days to file a notice of your claim with the entity your claim will be directed at, as per § 34-13-3-8.

Call Our Clarksville, IN Personal Injury Attorneys Today for Help Getting the Compensation You Need for Your Recovery

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