Were you seriously injured in an accident that was not your fault, and now you are afraid you’ve missed your deadline to file a claim for compensation? If so, there is some important information about personal injury statute of limitations you need to know before moving forward.
What are Statute of Limitations?
Statute of limitations are a type of state or federal ordinance or law that sets a time frame in which a person can bring forth legal proceedings in order to enforce their rights, either in criminal or civil court. Personal injury claims are brought forth in civil court. The purpose of such laws is to thwart fraudulent claims brought into action after all evidence is lost or gone. After a long period of time, evidence is lost and witness testimony can be weakened by missing persons or faulty memories.
Although criminal statute of limitations are generally longer, as much as five years or more, most personal injury claims retain an average statute of limitations of 2 years or less, depending on the details of the case. As for Indiana, you can find some specifics regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book. In addition, claims against political subdivisions or the state should be made immediately.
If a person misses the deadline to make a personal injury claim, there are usually no other alternatives and their case will likely be dismissed. However, on rare occasions, the statute of limitations may be extended under special circumstances. Basically, if there are legal grounds for extended or altering the statute of limitations for a civil claim, they may be granted.
These exceptions vary from state to state; each state has their own set of rules and procedures for such extensions. For this reason, if you have questions or concerns about making a personal injury claim on time, it is vital that you consult with a seasoned Indianapolis personal injury lawyer for professional guidance.
Common Exceptions to Limitations Statute
In legal terms, extending a statute of limitations deadline is referred to as “tolling” the running of the statute’s clock. This is more like pausing the clock, rather than extending the deadline. And although the action of tolling the clock is rare, and the laws that governs it varies among states, there are some cases in which it does occur.
Granted extensions to the statute of limitations deadline may be given to personal injury victims who were minors at the time of the accident, or legally incapacitated (or declared legally incompetent). Extensions might also be approved if the at-fault party fled or hid from the state after the accident, or unlawfully attempted to conceal the occurrence of the accident or the role they played in causing injuries to the victim.
Talk to a Personal Injury Attorney Today
Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to discuss the best course of action for your Indianapolis personal injury claim. Our seasoned lawyers can recover the full and fair compensation you deserve for your resulting damages and losses, including hospital bills, medical expenses, pain and suffering, lost wages, and more. Additionally, we offer free initial consultations and never collect attorney fees unless we prevail for you. Call today to schedule your consultation.