If you have been injured in an accident in Indiana, you may have a limited amount of time to pursue a legal claim. This deadline is known as the statute of limitations.
At Fleschner, Stark, Tanoos & Newlin, we encourage injured people to contact an attorney as soon as possible after an accident. Acting promptly can give your attorney more time to investigate what happened, preserve evidence, identify witnesses, and determine which deadlines apply to your case.
Waiting too long can create serious problems. In some circumstances, once the applicable statute of limitations has expired, you may lose the ability to bring a lawsuit seeking compensation.
A statute of limitations is a legal deadline for filing a lawsuit. Indiana has different statutes of limitations depending on the type of claim involved.
For many personal injury and property damage claims, Indiana provides a two year period. However, the deadline can vary depending on the type of case and the circumstances involved.
The date the deadline begins to run can also depend on the nature of the claim. That is why injured people should not assume they have exactly two years from the date of an accident without having their specific situation reviewed by an attorney.
“The statute of limitations is one of the first things we look at when someone comes to us after an accident,” said attorney Caleb Fleschner. “People sometimes think they have plenty of time because an accident happened months ago. But important evidence can disappear long before the legal deadline arrives, so we encourage people to reach out as soon as possible.”
The following deadlines apply to some common types of claims in Indiana. These are general guidelines, and exceptions can apply.
For many personal injury claims, Indiana provides a two year statute of limitations. This can include injuries resulting from motor vehicle crashes, truck crashes, premises liability incidents, dog bites, and other accidents.
The Indiana Judicial Branch identifies two years as the general limitations period for personal injury claims.
However, the specific facts of an injury claim can affect when the limitations period begins and whether an exception applies.
Indiana generally provides a two year statute of limitations for claims involving damage to personal property.
For example, a person whose vehicle is damaged in a collision may have a property damage claim in addition to a personal injury claim. These claims can involve different considerations, so it is important to evaluate both when determining the applicable deadlines.
Medical malpractice claims in Indiana are subject to special rules.
Generally, a medical malpractice claim must be filed within two years of the alleged malpractice. Indiana’s Department of Insurance explains that some exceptions exist.
Medical malpractice cases can also involve the Indiana Medical Malpractice Act and a medical review panel process. Because of these additional requirements, someone who believes they have been injured by medical malpractice should speak with an attorney as soon as possible.
Indiana courts have recognized limited circumstances in which the standard occurrence based deadline may not apply when a patient could not reasonably have discovered the malpractice and resulting injury within the statutory period. These exceptions are fact specific and should not be assumed to apply to every delayed discovery case.
Some fraud claims in Indiana may be subject to a six year statute of limitations. However, the appropriate deadline can depend on the specific legal theory and circumstances of the case.
Because statutes of limitations can vary significantly between different types of claims, it is important to have an attorney determine which deadline applies rather than relying on a general time period.
Two years may sound like a long time after an accident. But the legal deadline is only one reason to seek legal advice promptly.
Evidence can become more difficult to obtain as time passes. Witnesses may move or forget important details. Surveillance footage may be deleted. Vehicles may be repaired or sold. Electronic information may become more difficult to obtain.
Your medical treatment may also continue for months after an accident. Understanding the extent of your injuries and how they affect your life can be an important part of evaluating a personal injury claim.
Waiting until the statute of limitations is close to expiring can leave your attorney with less time to investigate the claim and take the necessary legal steps.
If a lawsuit is not filed before the applicable statute of limitations expires, the defendant may raise the statute of limitations as a defense. Depending on the circumstances, this can prevent the injured person from pursuing the claim in court.
There can be exceptions, extensions, and special rules that affect when a deadline begins or whether it can be extended. However, injured people should never assume an exception will apply to their case.
The safest approach is to have an attorney review the circumstances as early as possible.
If you have been injured in an accident, consider taking the following steps:
An attorney can review the facts of your case, identify the potentially responsible parties, determine which deadlines may apply, and help preserve evidence.
At Fleschner, Stark, Tanoos & Newlin, our Indiana personal injury lawyers understand how important timing can be after an accident.
We can investigate your claim, gather evidence, communicate with insurance companies, determine whether you may have a legal claim, and help you understand the deadlines that may apply to your situation.
You do not have to wait until the deadline is approaching to seek legal guidance.
Contact Fleschner, Stark, Tanoos & Newlin today for a free case review.
Fleschner, Stark, Tanoos & Newlin
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The financial burden that often comes with a serious injury can be too much for many people to bear. Unexpected medical debt, damaged personal property, and the sudden loss of income can impact the budgets of most families. The good news is that a successful injury claim could help reduce that financial strain after a serious accident. Get in touch with a Terre Haute personal injury lawyer with Fleschner, Stark, Tanoos & Newlin to learn more.
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