What are the Indiana Civil Statute of Limitations?

Posted on September 14, 2021 by admin

Whether you are a victim of libel, slander, or injury, it is in your best interest to learn how much time you have to bring about a claim against the at-fault party who caused your damages. This time period is known as statute of limitations, and here in the Hoosier state, they can differ depending on the type of accident or injury.

For now, continue reading to review the common Indiana civil statute of limitations, and learn where to get the most trusted legal advice for your personal injury claim in Indianapolis.

Indianapolis Personal Injury Lawyers 317-881-2700

Civil Statute of Limitation Laws in Indiana

Victims of personal injuries or torts, including next of kin and immediate family members who have lost a loved one because of a wrongful death accident, must file their personal injury claim or civil action against an at-fault party within a set period of time. This deadline is known as the Indiana statute of limitations.

For most personal injury cases, the Indiana statute of limitations is two years. In fact, most states have a similar statute of limitations for most civil actions and tort cases. But for other types of accidents and injuries in Indiana, the statute of limitations could be as high as 20 years or as low as six months.

Here are some of the most common types of civil action cases, as well as their statute of limitations:

► Injury to a Person – 2 Years
► Libel/Slander – 2 Years
► Professional Malpractice – 2 Years
► Fraud – 6 Years
► Trespassing – 2 Years
► Harm to Personal Property – 2 Years
► Collection of Debt on Account – 2 Years
► Collection of Rent – 6 Years
► Contracts – 10 Years Written, 6 Years Oral, 2 Years Employment Agreements, 6 Years Payment of Money

A Possible Exception Could Be the Discovery Rule

Many states have some form of a “discovery rule” exception to their statute of limitations, which extends the filing deadline for making a personal injury claim under very specific circumstances. This discovery rule extension is generally granted when a personal injury victim did not know about their injuries until after the statute of limitations expired, who was responsible for the accident until after the statute of limitations ran out, or that the suspected liable party’s actions may have caused their injuries until after the statute of limitations expired. This is common in medical malpractice cases.

Governmental Defendants

If the defendant is a governmental agency your time limitations for making a claim are significantly reduced. A Tort Claim Notice has to be sent to the possible governmental defendant in less that 6 months in some circumstances.

Why You Need to File a Claim ASAP

Because Indiana does have statute of limitation laws for civil actions and personal injury claims, it is important to act fast on your claim. The clock begins to take as soon as your accident takes place, so be sure to contact Indiana personal injury law firm as soon as you have been medically stabilized. They can take on all elements and aspects of your personal injury case from that point and ensure that you obtain the maximum settlement or verdict for your claim.

Not sure which personal injury law firm in Indiana trust for the best representation? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a seasoned Indianapolis IN accident attorney you can trust. We represent clients all throughout Indiana, and offer free initial case evaluations over the phone, via online video, or in person.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
Can a Personal Injury Statute of Limitations Be Extended?
Qualities to Look For When Choosing a Personal Injury Attorney

Where Do I File a Personal Injury Complaint?

Posted on July 30, 2021 by admin

After being injured in an accident that was caused by another person’s recklessness or negligence, it is likely that you are thinking about pursing a lawsuit. But where you ultimately file your personal injury complaint will depend on certain factors, including the extent of your injuries and the scope of your losses, as well as the person or party you are suing and where your accident took place.

Continue reading to learn the difference between filing an accident lawsuit in Small Claims Court and State Court, and who to trust for reputable Indiana personal injury representation.

Indianapolis Civil Injury Lawyers 317-881-2700

Personal Injury Filings in Small Claims Court

Following an accident that left you with injuries, you would normally bring your personal injury claim against the at-fault party in Small Claims Court if the total amount of money you are asking as compensation for your damages and losses are on the lower side of the spectrum, or below the state’s s Small Claims Court maximum threshold. Small Claims Court limits are generally set by the state and differ among jurisdictions, but most states establish theirs between $3,000 and $15,000.

Here in Indiana, the limit for Small Claims Court lawsuits is generally $8,000. Starting on July 31, 2021, the limit will be raised to $10,000. If your personal injury damages are less than the state’s damage cap for Small Claims Court, you could file your personal injury complaint there, but with the help of your Indianapolis accident lawyer. You can expect Small Claims Court proceedings to turnover much faster, oftentimes being resolved after just one court hearing.

Filing a Personal Injury Complaint in State Court

Personal injury victim would file their complaint in a regular State Court if the amount of compensation they are asking for is above the state’s threshold for Small Claims Court; and you would do so in the designated branch of the state’s civil court system. In either case in filing a personal injury complaint, your first step is to contact a skilled and experienced Indiana personal injury lawyer who can navigate your accident claim every step of the way. With an injury attorney on your case, you don’t have to think about where or how to file a personal injury complaint in the first place.

Are you looking for a seasoned personal injury representation after being hurt in an accident that was not your fault? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a friendly and experienced Indianapolis accident la w yer. We serve clients throughout the state of Indiana.

You Should Also Read:

Is it Better to Settle an Accident Claim Out of Court in Indiana?
Is There Still Time to File My Indiana Personal Injury Claim?
Am I at Risk of Any Consequences if I File a Personal Injury Claim?

Is There Still Time to File My Indiana Personal Injury Claim?

Posted on January 26, 2021 by admin

When a person is injured in an accident, they don’t always know it right away. Evidence of injury can appear weeks and even months after an actual accident took place. Car accidents are a very common example of this onset of injury phenomenon, as victims often feel sore, or begin experiencing certain damages and losses due to their involvement in the accident later, rather than at the moment or right after the event.

If you were in an accident that was not your fault, and you are just now experiencing pain or any other types of damages as a result, it is important to seek treatment as soon as possible. Like many other personal injury victims in the past, you might be wondering whether or not there is still time left to pursue legal action against a wrongful party and recover compensation for your damages.

Continue reading for information about time limitations for personal injury accident claims in Indiana, and how to learn your current legal options at this point following your accident.

Indianapolis IN Personal Injury Law — Indianapolis Personal Injury Lawyers 317-881-2700

General Time Limitations for Accident Claims

Every state has set time limits for filing tort lawsuits called statutes of limitations. The amount of time you have to legally file a claim against a negligent party depends on the statute of limitations in your state of residence. For instance, here in Indiana, the time limit for personal injury lawsuits is 2 years (Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4) from the original date of the accident. If your accident took place within the last 2 years, you may still be eligible to potentially file a claim to obtain compensation for your damages and losses. You must speak with an Indiana personal injury lawyer to learn your case’s strength and viability to be sure.

Suing a Government Entity is Different

If you intend to sue a government agency, there are a completely separate set of limitations. In most cases, you cannot sue a government agency without first filing an administrative claim with the city in which your injuries occurred, and often times, a person has as little as 90 days to file this claim, and perhaps less depending on the state where the injury occured. It is common for these claims to be denied too, and when you receive your denial letter, it will usually have information in it describing how long you have to file a lawsuit in court. Here in Indiana, claimants have 180 days to file a claim against a city or county, and 270 days to file against a government agency.

Extending the Indiana Personal Injury Statute of Limitations

If your time runs out on your claim in Indiana, you forfeit your right to file a claim for compensation. There are exceptions in which accident victims can request to extend the statute of limitations filing deadline, but it is rare for a judge to permit such extensions unless the victim is a minor or mentally incapacitated, or if the defendant left the state after the accident. If you are hurt in an accident that was not your fault, whether you are aware of your injuries instantly, or long after the event, the best time to begin your personal injury claim is directly after receiving medical treatment. Contact an experienced team of accident attorneys in Indiana to learn your next steps in the personal injury claim process.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case.

To protect your rights, trust our Indianapolis personal injury law office to navigate your personal injury claim and recover the maximum compensation you deserve. Our seasoned accident lawyers represent all types of personal injury cases in Indiana, from car and truck accidents to workplace accidents, brain injuries, child injuries, orthopedic injuries, and many more. Schedule a free initial case evaluation as soon as possible, before your deadline to file passes by in Indiana and to start obtaining the evidence for your case before it disappears. Best of all, the law office of Craven, Hoover, and Blazek P.C. does not require any upfront lawyer fees, and only bill you if we obtain a settlement or verdict for you.

Can I Sue the City after Being Injured in a Pothole Car Accident?

Posted on March 24, 2020 by admin

Potholes are a big problem this time of year in Indianapolis. As a result of the annual freeze-thaw cycles, porous pavements crack, crumble, and cave in come Spring. Seasonal pothole damage can lead to unsafe road conditions. Some potholes are so large or obtrusive, they can even cause car accidents. So, who is responsible for repairing city potholes on streets and highways? Furthermore, can victims of pothole car accidents sue the city after being seriously injured?

Continue reading to learn how city potholes are managed, and whether or not a car accident victim can file a lawsuit against the city for pothole repair neglect.

Indianapolis Motor Vehicle Accident Attorneys — Indiana Motor Vehicle Accident Attorneys

Pothole Repair for the City

Each district has a government entity responsible for maintaining the roads and walkways. However, there are some cases in which other parties are responsible for road construction repairs, and not a government entity. For this reason, it can be challenging determining who is liable for pothole damage in your town. Additionally, if it is a government entity in charge of pothole repair in the area you were in a car accident, suing them also poses quite the challenge.

Suing the Government for Personal Injury

Although government entities can be sued for personal injuries just like any other entity or person, the differences between the legal processes are substantial. There is a separate set of rules and guidelines to follow when pursuing a claim against a governmental division or body, and these stipulations are strict, unforgiving, and very demanding. Of course, the process of suing a regular person or entity isn’t simple either, however, compared to a governmental lawsuit, the difference in obligations are significant.

For instance, there is a stricter and shorter statute of limitations. In fact, all deadlines are shorter and firmly inflexible. These rules and requirements differ slightly from state to state, but are all equally stringent across the board. In common cases, the statute of limitations is much longer, usually 2 years, and sometimes more. But in government-related lawsuits, the time limit ranges between 30 days to a year. Some victims are not even released from medical care in this amount of time, which is why it is so vital to have a licensed Indianapolis car accident attorney handling your case from day one.

Although government entities can be sued, lawsuits are not always successful. Governmental entities are immune to many types of personal injury cases. They are exempt from the standard rules and guidelines that common society has to follow in such circumstances. This is just one more reason why a personal injury lawyer is so vital to a person’s case. There are so many complex details, differences, exceptions, rules, and more to know and follow in a government-related lawsuit, and a reputable attorney can help define them all.

Pursing Just Compensation After a Car Accident

No matter which type of lawsuit you wish to file, whether against a private driver or the city, it is necessary to hire a personal injury lawyer to recover the full and fair compensation you deserve for your car accident claim. Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of action for your recent Indiana car accident injury claim, today. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you! We represent injured persons and the surviving loved ones in wrongful death cases throughout Indiana.

Craven, Hoover, & Blazek P.C.

Category Archives: Government Lawsuits