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Indiana Statute of Limitations for Personal Injury Claims

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Indiana Statute of Limita…

Indiana victims of negligent or intentionally wrongful acts need to know the filing deadline for personal injury cases. If you are not familiar with the statute of limitations, you may lose your right to file a compensation claim against a responsible party.

In Indiana, the statute of limitations for personal injury claims is two years from the date of injury. That being said, there are exceptions to the statute for plaintiffs with legal disabilities and in cases of a nonresident defendant or concealment. If a government entity’s negligence caused your injuries, you must be aware of the Indiana Tort Claims Act’s notice requirements, which essentially acts as a shorter statute of limitations. With a dedicated attorney by their side, Indiana victims can easily file a personal injury claim within the statute of limitations.

Our experienced attorneys care deeply about helping Indiana victims recover compensatory damages for their injuries. For a free case evaluation from the Indiana personal injury lawyers at Wruck Paupore, call us today at (219) 322-1166.

What is the Statute of Limitations for Indiana Personal Injury Claims?

Victims in Indiana need access to compensatory damages to help them heal physically, financially, and emotionally. If your injuries were caused by another’s negligent or intentionally wrongful act, then you have grounds to file a personal injury case. That being said, Indiana victims do not have unlimited time to do so.

According to Ind. Code § 34-11-2-4(a), Indiana victims have just two years to file a personal injury lawsuit against a negligent party. While that may not seem like a lengthy period, it is more than enough time to hire an Indiana personal injury attorney and sue a responsible party. That being said, it is crucial to act quickly after an incident where you sustained injuries. Soon enough, medical bills and lost wages can begin to pile up, causing you financial strain that you do not deserve.

Generally, the statute of limitations begins on the date of injury. That means Indiana victims will have two years from the day of an incident to file a personal injury claim against a defendant. Remember, speed is crucial in these cases. Your lawyer will need time to compile evidence and build a strong case against a negligent party. That is why Indiana victims should act quickly and consult with an attorney as soon as possible following an incident. Important evidence can begin to disappear days or even hours after an accident takes place.

Are There Exceptions to the Statute of Limitations for Personal Injury Claims in Indiana?

Although the statute of limitations for Indiana victims to file a personal injury claim is two years, there are exceptions to that rule. If plaintiffs have legal disabilities, a different filing deadline may apply. The same is true when defendants are nonresidents of Indiana or conceal their involvement from a victim. Contact our Uber and Lyft accident lawyers today for your case today.

Legal Disabilities

According to Ind. Code § 34-11-6-1, the statute of limitations for victims with legal disabilities to file a personal injury lawsuit is tolled until their disability is removed. This can refer to a victim who was a minor when a negligent party’s actions caused their injuries or as mentally incapacitated. The statute of limitations begins counting down once a minor victim turns 18 or a mentally incapacitated victim has restored their competence.

If you believe that this statute applies to your potential personal injury claim, reach out to an Indiana personal injury attorney. Our team of attorneys can assess your experience and help you understand whether this exception to the statute of limitations applies to you.

Nonresident Defendants

Not all personal injury claims are cut and dry. For example, it is possible that a defendant has since left the state after causing your injuries and is no longer an Indiana resident. If the two-year statute of limitations is applied in this scenario, victims may be unable to file a lawsuit against a negligent party that has temporarily moved out of state.

Because of this, Ind. Code § 34-11-4-1 states that the statute of limitations is tolled for the period during which an Indiana resident leaves the state. Generally, the time when a defendant resides out of state does not contribute to the two-year statute of limitations for personal injury claims in Indiana. Once a defendant has moved back to Indiana, the statute of limitations clock resumes.

Very importantly, this does not pause the statute of limitations for non-residents of Indiana that have never been in Indiana. It also does not pause the statute of limitations in cases where a corporation or other person maintains an agent capable of receiving service of a lawsuit within Indiana.

It is important to note that a defendant may not move out of state immediately after causing you injury. Because of that, you may have less than two years to file a lawsuit once they return to Indiana. This is something to keep in mind and another example of why hiring a Fort Wayne personal injury lawyer is crucial. If you are unaware of this, you may lose your opportunity to file a personal injury claim against a negligent party.

Generally, this rule has many exceptions and you should never rely on it unless you have been advised by an attorney that this will extend the time limit to seek recovery for your claims. You should almost always proceed to file suit within 2-years and not depend upon this rule.

Concealment

Suppose there is a scenario in which an individual is aware that their negligent or intentionally wrongful act caused your injuries yet does not inform you. In Indiana, this is known as concealment. According to Ind. Code § 34-11-5-1, if a liable individual conceals their involvement from a victim, the two-year statute of limitations from the date of injury or personal injury claims is tolled. In fact, victims can bring a lawsuit at any point within two years of learning about a party’s involvement.

Again, this is a narrow exception and you should never rely on this provision unless a qualified injury attorney advises you that it is applicable.

Indiana Tort Claims Act Statute of Limitations

Indiana government agencies are not immune to being sued by victims. The Indiana Tort Claims Act ensures that victims maintain their right to sue a government agency for injuries but has strict guidelines. Suppose a government agency is responsible for your injuries. In that case, it benefits you to hire an Indiana personal injury attorney so that you can thoroughly understand the particulars of the Indiana Tort Claims Act.

One of the most important things to know about the Indiana Tort Claims Act is that it requires victims to file a notice with the attorney general or the responsible state agency very soon after an incident. According to Ind. Code § 34-13-3-6(a), victims must do so within 270 days of sustaining an injury. Victims may miss this relatively short window if they do not consult with our experienced attorneys. Failure to file a notice with the appropriate agencies and include all necessary information can bar Indiana victims from filing a personal injury lawsuit against a government agency.

The timeframe to file notice is even shorter for claims against a political subdivision. In that case, victims have only 180 days after the date of injury to file a notice with the political subdivision’s governing body and the Indiana political subdivision risk management commission, according to Ind. Code § 34-13-3-8(a).

Suppose an Indiana victim is incapacitated and unable to give notice within the timeframe because of their incapacitation. In that case, they have 180 days from the date their incapacity is removed to file a notice with the appropriate agencies.

According to Ind. Code § 34-13-3-13, Indiana victims cannot file a lawsuit against a government entity unless their claim has been partially or entirely denied. As outlined in Ind. Code § 34-13-3-11, government agencies have 90 days after receiving a claim to approve or deny it.

Under specific conditions, government entities and employees are not liable for Indiana victims’ injuries. These conditions are complex, but our attorneys can help Indiana victims understand if their experience applies.

These are very complicated and fact-sensitive requirements and you should always have issues regarding the statute of limitations or notice requirements reviewed by a personal injury attorney as soon as possible following your accident. Never rely on general information that you find on the Internet, because there may be unique circumstances that apply to your case.

When Should You Contact an Indiana Lawyer About a Personal Injury Lawsuit?

After sustaining an injury caused by another party’s negligent or intentionally wrongful act, you may not consider contacting an Indiana lawyer right away. However, quickly speaking with an attorney about your potential case’s viability is crucial, especially if you require compensatory damages.

Time is of the essence in Indiana personal injury lawsuits. According to our South Bend, IN Uber and Lyft accident lawyer, the longer you wait to speak to an attorney, the more time it takes to recover the compensatory damages you deserve. Quickly consulting with an Indiana personal injury lawyer can help demonstrate a victim’s need for damages and give attorneys ample time to build a strong case against a defendant. It is also important to avoid lost evidence, which can become a serious problem if you don’t contact an attorney immediately to investigate and preserve important information.

Speed is also crucial because the Indiana Tort Claims Act has such strict guidelines that victims must follow to sue a government agency. It may already be too late if you decide to pursue damages against a government entity months after sustaining your injuries.

Depending on the severity of your injuries, it will only be a matter of time before hospital bills, and lost wages begin to affect your life profoundly. Injuries can cause financial and emotional damages that can be harder to overcome the longer you wait to contact an Indianapolis personal injury attorney and Fort Wayne Uber and Lyft accident lawyer about your potential case.

Indiana victims should contact an attorney immediately after sustaining an injury caused by another party’s negligent or intentionally wrongful act. Remember, it is important to act quickly to have the best chances of recovering compensatory damages in a lawsuit against a negligent party.

Can You File a Personal Injury Claim Past the Indiana Statute of Limitations?

If Indiana victims do not hire an attorney to represent their interests quickly, they may miss the filing deadline. Unless the few exceptions apply to your potential case, you will lose your chance to file a lawsuit against the party responsible for your injuries.

Abiding by the statute of limitations for personal injury claims is crucial for Indiana victims. Although there are some exceptions in rare cases, victims should not rely on them and ignore the two-year statute of limitations. If you do, you will not be able to recover compensatory damages from a negligent party.

That can be disheartening for victims to hear, but it is true. Statutes of limitations exist to protect defendants from being subject to unfair legal action. The longer you wait to file a personal injury claim, the more it appears that your injuries are significant and do not warrant litigation. Legislation like the Indiana Tort Claims Act follows that thought process by making the deadline to file a claim against a government agency very short.

If you have missed the statute of limitations and are not eligible for any of the few exceptions, you will not be able to file a personal injury claim in Indiana. Being aware of the statute of limitations is crucial for this reason, which is why victims should contact our Indiana personal injury lawyers for help.

What Types of Incidents Fall Under the Indiana Statute of Limitations for Personal Injury Claims?

Personal injury seems like a broad term, and that’s because it is. Various types of accidents fall under the umbrella of personal injury, meaning victims will have to abide by the same two-year statute of limitations. To know whether or not their lawsuit will be classified as a personal injury claim, Indiana victims need to know what incidents can result in a personal injury lawsuit.

In Indiana, many incidents can warrant a personal injury lawsuit. The following are just a few examples of common causes for personal injury claims in Indiana:

Because the term personal injury feels so broad, victims may be unsure whether or not their injuries warrant litigation and if they must abide by the two-year statute of limitations. Generally, regardless of the specifics of your incident, your potential claim will likely be a personal injury case. Whether you were injured at work, at a restaurant, or on the road, you can file a personal injury case if another’s actions caused your injuries. If you’re unsure whether or not your incident makes you eligible for filing a personal injury claim, speak with an attorney for clarification.

While some incidents can be more damaging than others, all victims must abide by the two-year statute of limitations for personal injury lawsuits. By hiring our Hammond, IN personal injury attorneys or Hammond, IN Uber & Lyft accident lawyer , Indiana victims can focus on recovering after an accident and rest easy, knowing that they won’t miss the filing deadline for a personal injury claim.

Call Our Indiana Personal Injury Lawyers Today

When victims in Indiana do not know the statute of limitations for filing a personal injury claim, they can lose their opportunity to recover compensatory damages. For a free case evaluation from the South Bend personal injury lawyers at Wruck Paupore, call us today at (219) 322-1166.

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Top-Rated Litigator.
Helping injury victims move forward.

Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.

More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.

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Understanding the Insurance Company:
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In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.

Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.

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More than 40 Years of Experience.
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For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.

Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.

Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.

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