November 01, 2024
From car accidents and motorcycle crashes to slip-and-falls and dog bites, Indiana residents suffer severe injuries every day. What’s more, many of these injuries result from someone else’s careless actions. A personal injury lawsuit can help people recover compensation for these injuries, but only within certain time limits. The question then becomes, “How long after an accident can you sue in Indiana?” Indiana law usually allows victims two years to file a lawsuit, but there are also key exceptions to know.
The Valparaiso personal injury lawyers at Custy Law Firm | Accident & Injury Lawyers can help you file a personal injury lawsuit within the required deadlines. We’re here to protect your rights and help you recover maximum compensation for your injuries and financial losses. If you want answers on how long you have to file an Indiana personal injury lawsuit, you’ll find them below.
Why Does Indiana Limit Your Time to File a Personal Injury Lawsuit?
Given the severe harm accidents can cause, you may wonder why the state limits your time to file a lawsuit. How long after an accident can you sue in Indiana? The answer is generally two years from the date of the accident. Shouldn’t everyone get a chance to find justice after an accident, no matter how much time has passed?
Unfortunately, giving people unlimited time to file a lawsuit creates logistical and ethical issues. Some reasons commonly given for having a statute of limitations for personal injury cases include:
- Preserving Evidence: Over time, evidence like physical documents, photos, or medical records may get lost or deteriorate. Setting a deadline to file a lawsuit helps ensure people take legal action quickly after an accident.
- Ensuring Reliable Testimony: Witness memories fade as time passes, making their accounts less accurate and reliable in a court setting. Without reliable evidence, it’s not fair to pursue legal action against someone.
- Encouraging Prompt Legal Action: Statutes of limitations encourage injured parties to file claims quickly, helping ensure swift resolution for all involved.
- Supporting Judicial Efficiency: Enforcing timely claims helps reduce backlogs in the courts, allowing cases to proceed more quickly and efficiently.
- Preventing Fraud: Shorter timelines reduce the risk of fraudulent claims, as delayed lawsuits make it easier to exaggerate or fabricate details.
- Reflecting a Sense of Closure: Limiting the time for lawsuits allows individuals to move forward after an accident, providing closure for both parties after a certain period.
Exceptions to Indiana’s Personal Injury Statute of Limitations
How long after an accident can you sue in Indiana? Generally, you have two years from the date of the accident to file a lawsuit. However, there are some situations where you might have more time to file a lawsuit after an Indiana accident. These exceptions include:
- Discovery Rule: If you didn’t know about your injury or what caused it right away, you may have extra time to file a lawsuit. In these cases, you may have two years from when you discovered or reasonably should have discovered your injury to file a lawsuit.
- Minor Victims: If you sustained injuries as a minor, you might have until two years from your 18th birthday to file a claim.
- Mental Incapacity: If you were mentally incapacitated when you sustained your injury, the two-year countdown pauses until you’re capable of pursuing a claim.
- Defendant Leaves Indiana: If the person who caused your injury leaves the state, the clock on your claim stops until they return.
- Fraudulent Concealment: If someone deliberately hid their role in your injury, you have extra time to file a lawsuit, giving you more time to build your case.
- Claims Against Government Entities: Claims against government bodies in Indiana typically have shorter deadlines. In most cases, state law says you must submit your notice of intent to file a claim within 270 days.
- Medical Malpractice Cases: Indiana generally allows two years to file a medical malpractice claim. However, if you couldn’t reasonably discover the malpractice in that time, an extension might apply. Exceptions also exist for young children under six; for these cases, you can usually file up to the child’s eighth birthday. Finally, if a foreign object, like a surgical tool, is left in your body, you may have additional time to file a lawsuit once you discover it.
How Our Indiana Injury Attorneys Can Protect Your Right to Compensation
No matter what injuries you sustained or how they happened, Custy Law Firm | Accident & Injury Lawyers can help you take timely legal action. We’ll start by thoroughly reviewing the incident to identify the liable parties, document your losses, and verify the relevant deadlines. From there, we can file a lawsuit on your behalf and continue to gather evidence. We’ll handle all the settlement negotiations with the insurance companies, and we can represent you in court if necessary.
Our Valparaiso personal injury lawyers are standing by to protect your rights and help you recover the money you need. Call (219) 286-7361 now for a free consultation, or you can complete our contact form.
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