Have you been injured in Indiana due to someone else’s negligence? If so, you could be entitled to compensation. However, it’s important to understand that there’s a time limit for filing a personal injury claim. Failing to file within the statute of limitations can mean you lose the right to seek compensation.
In this article, we’ll discuss how long you have to file a claim in Indiana, possible exceptions, and what steps to take to protect your rights.
Indiana’s Statute of Limitations for Personal Injury Claims
For most personal injury cases in Indiana, the statute of limitations is two years from the date of the injury. If you don’t file a lawsuit within two years, you could lose the right to recover damages. This statute of limitations applies to many types of cases, including car accidents, medical malpractice, product liability, workplace injuries (third-party claim), and slip and fall injuries. If an individual dies due to negligence, the personal representative of the estate must file a claim within two years of the death.
If you attempt to file a lawsuit after the statute of limitations has expired, the court will likely dismiss the case and you may permanently lose your right to compensation. Insurance companies will have no obligation to settle since you no longer have legal leverage.
Exceptions to the Statute of Limitations
There are a few exceptions to Indiana’s two-year rule that might impact your case. There’s a shorter time frame for injury claims against the government. For injuries involving a city or county government entity, a notice of claim must be filed within 180 days of the injury. For injuries involving the State of Indiana, claims must be filed within 270 days of the injury.
If the injured person is under 18 years old, the two-year statute of limitations won’t begin until they turn 18. If the person is mentally incapacitated, the statute may be paused until they regain capacity.
Although Indiana does have a two-year deadline for medical malpractice cases, the deadline may be extended due to the “discover rule” if the injury was not immediately discovered.
Protecting Your Rights
If you or a loved one is injured, take immediate steps to protect your rights. Seek medical attention and keep records of the injury. Document everything, including photos, witness statements, and accident reports. Consult an experienced personal injury attorney to help you build a strong case. File your claim early, since gathering evidence and negotiations take time.
If you or a loved one has been injured, contact the Schuerman Law office today. Schuerman Law has been working with personal injury claims for over 40 years. John Schuerman will compassionately advocate for injured individuals as well as their families while fighting for full compensation of their claims. Schuerman Law offers evening and weekend appointments in addition to home and hospital visits. Schedule a free consultation today by calling 1-800-274-0045.
