What if I Miss the Lawsuit Filing Deadline for My Personal Injury Case?

When it comes to personal injury claims, there is a deadline set by the state’s statutes of limitations. Although in most cases, if this deadline is missed, the claimant loses their opportunity to pursue legal action against the party at fault for the accident; however, there are some rare exceptions that might allow an extension depending on circumstances of the claimant’s case.

Continue reading to learn more about personal injury claims and statutes of limitations, and what might happen if you have missed or are very close to missing this deadline.

Indiana Personal Injury Attorneys 317-881-2700
Indiana Personal Injury Attorneys 317-881-2700

Statutes of Limitations for Personal Injury Claims

Statutes of limitations is a state-level law that sets a time limit on how long a wrongfully injured victim has to pursue legal action against an at-fault party in order to collect compensation for their damages and losses. This set time period usually starts either from the date of the accident or the date of the onset of the injuries, and continues until the date the lawsuit is filed. These laws and deadlines differ from state to state, so it is important that you learn your particular state’s statute of limitations for your type of personal injury claim.

Not all personal injury claims have the same statute of limitations; although most cases are two years from the date of the accident, other types of personal injury cases have shorter or longer statute of limitations. For example, many personal injury cases that involve criminal offenses might have longer statute of limitations up to five years or more. Again, these deadlines differ among jurisdictions, so it is important for you to learn your states laws on filing an accident claim.

What Happens if You Miss the Deadline to File an Accident Claim?

If a personal injury claimant misses the deadline set by the statute of limitations, there are a few things that can happen. Most often, the personal injury claimant loses out on their opportunity to file a lawsuit. However, there are very rare cases in which personal injury claimants can be granted an extension or modify the statute of limitations for their particular type of claim.

Altering or Extending the Statute of Limitations

It is very rare for a claimant to be granted any sort of extension on or modification of the statutes of limitation for their personal injury claim, however it can happen. In legalese, it is referred to as putting a toll on the running of the statute of limitations time clock, which simply means pausing the time clock. This can happen it a few different types of scenarios, the most common including:

◑ The injured victim was under 18 years of age, and therefore minor at the time of the accident.

◑ The injured victim was medically incompetent or declared legally incapacitated from the time of the accident.

◑ The at-fault party attempted to hide evidence of their involvement in the accident, or hide the occurrence of the accident altogether.

◑ The at-fault party fled the state or hid from the law immediately following the accident in order to evade legal liability.

If you were recently injured in an accident that was not your fault, it is important for you to take the steps to learn your eligibility for pursuing compensation to cover your damages and losses, including medical bills and expenses, as well as pain-and-suffering and much more. Speak to an Indianapolis Indiana personal injury lawyer who can help you learn your rights and put you on the right path towards financial recovery.

Are you ready to get started on your personal injury claim in Indiana? Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 and schedule a free case evaluation with a skilled Indianapolis Indiana accident attorney you can trust. Our law firm serves clients all throughout the state of Indiana.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
Statute of Limitations for Common Personal Injury Claims
See a Doctor if You Experience These 6 Delayed Car Accident Symptoms

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How Long Does a Personal Injury Lawsuit Take?

Many questions arise after being negligently injured in an accident. One of the more common inquiries involves time; that is, many accident victims want to know how long a personal injury lawsuit can take. If you are a recent accident victim, you may be wondering the same thing.

Continue reading to learn more about personal injury lawsuits, including the possible standard events of the average legal process.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Immediately After the Accident

As soon as you are involved in an accident, you must get medical treatment immediately. Even if you look and feel fine because of adrenaline, there could be underlying bodily injury such as whiplash, back injuries, spine injuries, orthopedic fractures, burns and more. Always get checked out by a medical professional right after an accident. Once you have received your medical treatment, continue with any physician’s orders and show up for all scheduled doctors’ appointments.

Contact a Personal Injury Lawyer

After you get home from the hospital, it is wise to start looking for a lawyer to represent your personal injury claim. Choose a seasoned Indianapolis accident lawyer who has experience in your type of accident and provides free initial consultations to discuss your case. It is also helpful to choose a law firm that works on a contingency fee basis, meaning they do not collect lawyer fees unless the recover a settlement for you.

Case Investigation and Development

Upon hiring a lawyer, the next step of the process mainly rests in their hands. From here, your lawyer will document your case through an investigation, while also utilizing all types of sources and evidence, such as witness statements, 911 tapes, photographs, videos, professional testimonies, medical records and more. They will also negotiate with the opposing insurance company to obtain the full and fair compensation you deserve for your damages and losses as an accident victim.


The negotiating part of the process can take anywhere from a few weeks to several months, or even years, depending on many factors, including how cooperative the opposing insurance company is and how long it takes for you to recover. Sometimes, lawyers will not make a demand until a victim has reached maximum medical improvement (MMI), and they have mostly recovered from their injuries. No accident victim should want to even make a settlement demand until a doctor tells them there is no further treatments which can improve their situation.

Filing a Lawsuit

Not all personal injury claims go to trial and in fact the majority of cases do not, but if they do, the process starts as soon as the lawsuit is filed. From there, it can take up to 1 to 2 years for the case to make it to court, however, every state has different pretrial procedures, so it is hard to really predict how long it will take.

Discovery Process

Once the lawsuit is filed, both sides begin the discovery process to investigate and research the legal claims and defenses, which involves interrogatories, document requests, and more. The discovery process generally takes anywhere from 6 to 12 months, but this can vary depending on various factors such as case complexity and court deadlines.


Once the discovery process closes, both sides enter into the mediation and negotiation phase of the process. Basically, they begin to discuss the possible settlement. If the lawyers representing each side cannot agree on a settlement among themselves, obviously with the consent of their clients, they will go to mediation. If mediation does not work, the case will go to trial. However, most personal injury lawsuits settle out of court using mediation.


If a personal injury lawsuit goes to trial, it is very difficult to predict how long it will take. There are several factors that influence the legal timeline of such cases. Hearings can also be pushed back and rescheduled. This means a trial can take anywhere from one day to several months, or longer, depending on the case.

Where to Get the Best Legal Advice Regarding Your Claim

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to make a personal injury claim in Indiana. Our seasoned Indianapolis accident lawyers are ready and able to recover the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we prevail for you!

The Do’s and Don’ts for Personal Injury Plaintiffs

When a person acts negligently or behaves in a way that causes another person injury, the insurance carrier for the at-fault driver or negligent actor can be held liable for the victim’s losses and damages, such as hospital bills, medical expenses, lost wages, pain, suffering, and more. For those who are at-fault and those who are not at-fault for an accident resulting in injuries to others, it is important to follow the proper procedures in order to avoid making matters worse or potentially breaking the law.

Continue reading to learn what to do and what not to do if you cause an accident that harms another person or if you are the person who was harmed.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

It can be very scary being involved in a serious accident, especially if that accident involves injury. The stress of a collision can understandably cause a person to use poor judgement or make brash decisions following an accident, but it is important to remain calm and keep your composure. Learning what you should and shouldn’t do in the case that you are involved in a serious accident can better prepare you for what to expect and how to handle the situation without panicking.

If You are Involved in an Accident…


Call the Police – Law enforcement and emergency personnel should be contacted immediately following an accident. If a witness, bystander, or other party has not done so, call the police yourself. They will arrive on scene to provide medical care and collect statements from all witnesses and involved parties. It is vital to have a police report on file to solidify the facts of the accident so no one can change their stories later on.

Be Cooperative – Always be entirely honest and cooperative with all police officers and emergency personnel. Stay out of their way at the scene of the crime, and remain polite and courteous when discussing the accident. Listen to their instructions and take them very seriously. If you are belligerent in any way, law enforcement can arrest and detain you for disorderly conduct and more.

Give and Take Information – Especially for motor vehicle accidents, if possible, be sure to exchange information with all parties involved, as well as, any witnesses that saw the accident take place. If you or the other person are too injured to do so, law enforcement generally handles it. Important information includes name, address, phone number, license plate numbers, email address, and insurance information. Part of this step includes picture-taking as well. It is very important to take as many pictures of the scene and damages as possible. Use your cell phone or an emergency disposable camera in your car. If you do not have either, ask another person to send you the pictures they take, or buy a disposable camera at a nearby gas station or convenient store.

Notify Your Insurance – Immediately following an accident, you must contact the insurance company to notify them of the accident and injuries. If you do not contact your insurance company as soon as possible, your claim can get denied.

Retain an Attorney – It is important to protect and secure your rights. Hiring an attorney will provide this security. The sooner you retain legal counsel, the easier it will be to get through the process.


Leave the Scene of the Accident – You must wait for the police to arrive to allow you to leave.

Move Your Car – If it is a car accident, do not move your vehicle to the shoulder or side of the road, or anywhere at all. It must remain in the exact place the accident left it in order for the police to obtain evidence and facts regarding the event.

Discard or Conceal Evidence – This is against the law. If it is relevant to the accident or resulting injuries, it must be saved.

Talk About the Accident – Unless you are talking to YOUR attorney, you should never discuss the accident with anyone until the entire case is over. This includes the other party’s legal team and all insurance adjusters.

If You Were Injured in an Accident…

Contact an Indianapolis personal injury lawyer right away to learn your rights. They are able to quickly determine if you are entitled to compensation for injuries and damages following a serious accident. If you are, they have the experience, knowledge, and resources to recover the full and fair compensation you deserve after experiencing a traumatic injury or accident as a result of another person’s negligence.

Indianapolis Personal Injury Law Firm

Personal Injury Law Firm Indiana

Personal Injury Law Firm 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 when you need an experienced Indianapolis personal injury law firm you can trust. Their personal injury attorneys offer free initial consultations and never collect lawyer fees unless they prevail for you! Get professional representation after being injured in an accident in Indianapolis, IN.

Our Law Firm Never Charges Lawyer Fees Unless We Recover a Settlement for You!

Do not allow personal injury lawyer costs to hold you back from getting the full and fair compensation you deserve. The Law Office of Craven, Hoover, and Blazek P.C. will settle your case, or you owe nothing. Call us for a FREE consultation 317-881-2700.

Personal Injury Law Firm 317-881-2700

Personal Injury Law Firm

Here at Craven, Hoover, and Blazek P.C., we are your number one advocate after being wrongly injured. We are seasoned personal injury lawyers who work around the clock to ensure every detail of your case is investigated and managed. We use every resource in our power to recover sufficient compensation for your injuries, losses, and damages. Furthermore, statutes of limitations are honored here in Indiana, so we feel eager to remind anyone that has been involved in an accident to contact our personal injury law firm as soon as possible to discuss filing a claim.

A Contingency-Fee Basis That’s Convenient for You

It is normal to feel concerned and overwhelmed about the thought of having to pay for lawyer services, especially during a time when bills are adding up faster than you can blink. You may be worried that you cannot afford such services along with all your other financial obligations. Fortunately, you do not have to pay these concerns any attention when you have our personal injury law firm working on your claim. Our personal injury clients never have to worry about budgeting attorney costs. That is because they are never required to pay any lawyer service fees unless we recover a settlement for them.

So what does this mean for you? As a potential client of ours, you do not owe us a penny for lawyer services if do not collect a settlement for you!

Our licensed and skilled personal injury lawyers have extensive trial and litigation experience, and are seasoned in several areas of civil and tort law. We utilize our knowledge of the law and our hands-on litigation experience to help you get the full and fair compensation you deserve after being negligently injured in an accident.

We Have the Resources to Be Successful With Your Claim

If you’ve been seriously injured in an accident that was not your fault, we have the resources to protect your needs. Do you need medical coverage? Are you missing work and losing out on pay? All these concerns and more can be addressed by one of our highly experienced personal injury lawyers. We work hard to recover compensation that will be sufficient enough to cover all of your lost wages, medical expenses, hospital bills, prolonged therapy, and much more. At Craven, Hoover, and Blazek P.C., we promise to not collect any payment at all for our services unless we are triumphant in your case.

Experienced Accident Attorneys Working for You

Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Call our office today at 317-881-2700 and schedule a FREE initial consultation to discuss your Indianapolis personal injury claim. Seasoned attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek, are ready to listen to your case and determine the best strategy for pursing a claim. At your free initial consultation, you can have your case heard and evaluated without any payment obligations. Contact us to get started in your financial recovery, today.

When is a Personal Injury Claim Rejected?

Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

When a person or family experiences a tragic accident or serious injury at the hands of another company, entity, individual, or group of individuals, they often times seek legal counsel in order to pursue a personal injury claim. Many law firms that focus on personal injury claims will represent a case for free, initially, and only collect attorney fees if they win the settlement or recover compensation for their clients’ damages. In order for a personal injury lawyer to take on a person’s case, they must have a valid claim
that legally entitles them to remuneration.

If a victim of a personal injury has a claim that is not strong enough to win a settlement, a law firm may pass on representing them; however, if the client insists on pursuing their claim, a lawyer may do so for upfront, non-refundable fees. So what makes a case weak? And why do lawyers pass on certain cases and personal injury claims? There are several reasons why a personal injury law firm will deny a case and refuse to represent someone that has been seriously injured. Continue reading to find out why.

Personal Injury Claims

In order for a victim of a personal injury to successfully win a settlement for their damages, they must prove that they were injured as a result of another person’s negligence or carelessness; and at no fault of their own. There are several laws and stipulations that regulate these boundaries of negligence and fault, and lawyers are extensively well-versed in each of them. If they review a case that seems to have flaws or holes within it, they may not see value in representing the client because the case is weak.

Pedestrian Accident Lawyers 317-881-2700

Pedestrian Accident Lawyers 317-881-2700

For example, if a person is injured in a motor vehicle accident because the opposing driver failed to stop at a red light, they may have a valid case. A lawyer will assess whether or not the injured driver obeyed all traffic signals and laws; and if they did, they were injured as a result of direct negligence and is entitled to compensation for their damages. In this situation, a personal injury attorney would most likely accept this case and represent this client on a contingency fee basis, only collecting lawyer fees if they win a settlement.

In an opposing example, if a person was involved in a motor vehicle accident and suffered injuries, and there were clues that the injuries were the result of their own negligence, then a lawyer will deny representing their claim. If a driver rear-ended a person, and that person hit their head on the dashboard, suffering head injuries, then the accident and injuries were caused by the opposing driver; but, if the victim was not wearing a seat belt at the time of the accident, then the accident was still the opposing driver’s fault, but the victim’s injuries were a result of neglecting to wear a safety belt. Although this person may still be entitled to recompense for their damages, it is a weak case that may not pull through in a court of law.

Craven, Hoover, and Blazek P.C.

Personal Injury Attorney Indianapolis

Personal Injury Attorneys 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for reputable and experienced personal injury representation in Indianapolis, Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek offer free initial consultations for injured victims, and never collect lawyer fees unless they win your settlement and recover compensation for your damages. Call 317-881-2700 and speak with a knowledgeable and friendly legal representative today about your recent personal injury in Indianapolis, IN and its surrounding counties.