Negligence is a very serious issue. And as with many criminal and civil issues, statutes of limitations apply.
Well, the statute of limitations refers to the period at which a crime will no longer be filed and prosecuted. But certain crimes, like kidnapping or murder, don’t have a statute of limitations.
In Indiana, the statute of limitations on many civil cases, including medical malpractice, intentional torts, personal injury, and negligence, is two years. Though there could be some exceptions.
Statute of Limitations in Personal Injury Cases
Some lawyers in Indiana work specifically on personal injury cases. People often file personal injury cases to recover financial damages or compensation.
These cases are unique and separate from criminal lawsuits. So they are governed by a set of statute of limitations in Indiana.
In many cases, the clock on the statute of limitations begins ticking from the time the cause of action arises. It can start ticking when an individual has personal injury cases, like:
- Medical malpractice
- Premises liability
- Wrongful death
- Car Accident
When Will the Clock Begin Ticking?
The deadlines for filing a personal injury case may range from 1-6 years. And the clock may begin ticking immediately after the accident.
Personal injury statute limitations are pivotal if you’re looking to take your case to the courtroom via a lawsuit.
But the deadline set by Indiana’s law is important when settling negotiations with an insurance firm and the defendant. But if the statute of limitation expires, your personal injury case will be dismissed.
Exceptions
Indiana often has several scenarios, which may delay the running of a statute of limitation clock or even pause the clock once it starts running. Some of the situations, which can extend your timeline may include the following:
- If the individual liable for injuries takes the necessary steps to conceal their liability, the clock won’t start running.
- If the negligent party leaves Indiana and becomes non-resident after the accident, that period of non-residence won’t be counted as part of a two-year filing period.
- If the injured is under legal disability at the time of the underlying accident, they can be entitled to around two years to file their lawsuit.
- You got injured as a minor
- You discovered injuries at a later date
How Statute of Limitation Can Affect Your Case
When considering taking legal action, there are certain things you will need to know about filing a case. If you got involved in a car accident in 2022, for instance, you will have until 2024 to file a lawsuit.
Matters will change slightly if you lose a loved one. The wrongful death case’s deadline starts from the date your loved one died.
You will also have to collect evidence to support your case. Every successful personal injury case is based on evidence. If you file a case within two years and don’t have evidence, the court may dismiss it. This may delay the process as well as prevent you from being compensated.
Final Thoughts!
Hiring the best personal injury with proven results and experience is important if you get injured by someone’s negligent actions. In Indiana, you can find an attorney with a good reputation and proven track record. All you have to do is to know where to start looking.