After an accident, many people often focus on recovery. It can be stressful and demanding to pay the bills for hospital stays, medicine and physical therapy. To some, taking legal action might not seem like as big a priority as getting better. However, Indiana law has strict deadlines. If you miss them, you may lose your right to compensation.
What is the statute of limitations for personal injury claims?
Indiana applies a two-year statute of limitations to many personal injury claims. This means that in most negligence cases, you must file within two years of the date of injury under Indiana Code Section 34-11-2-4. This rule often covers auto crashes, unsafe premises injuries and other common harm that comes from a person’s carelessness.
What factors can change the deadline?
Some personal injury cases in Indiana have special rules and requirements that have shorter deadlines or require additional steps. Examples of these special cases include.
- Claims involving government entities: Indiana’s Tort Claims Act requires you to file a notice of claim within strict deadlines. In many cases, you must file within 270 days for claims against the state and 180 days for claims against local government entities.
- Medical malpractice: In most cases, a medical malpractice claim must be filed within two years of the alleged malpractice. The law may also require the case to go through a medical review panel before a lawsuit can move forward.
- Minors or legal incapacity: In some cases, being a minor can pause the deadline. However, the exact rule depends on the facts of the case and the type of claim.
These exceptions can significantly change how and when you must file. As a result, it is important to review the specific rules that apply to your situation as early as possible. Taking action early helps protect your right to seek compensation and ensures you do not miss any steps or deadlines.
What is the significance of deadlines in personal injury claims?
Deadlines help courts handle cases while the evidence is still valid and applicable. In Indiana, missing the statute of limitations can put a stop to your personal injury claim, even if the other party is clearly responsible.
Acting early helps preserve evidence, find witnesses and document medical treatment, which can strengthen your case. Ultimately, deadlines exist to ensure that evidence is gathered quickly and effectively, which is why it is important to meet them if you plan on filing a personal injury claim.