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

Indianapolis Personal Injury Lawyers 317-881-2700
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Why Choose Our Indianapolis Personal Injury Law Firm

Here at Craven, Hoover, and Blazek P.C., our accident lawyers and legal teams work hard to achieve client satisfaction, because we strongly believe that all innocent victims of a negligent accident deserve justice and they have the right to be fully and fairly compensated for their damages in Indiana. This is why Craven, Hoover, and Blazek P.C. is a leading Indianapolis personal injury law office with a long history of professionalism, client support, and successful case results. If you need effective legal representation after you or your loved one was wrongfully hurt or killed, you are in the right place.

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

The Law Office of Craven, Hoover, and Blazek P.C. can help you recover the full compensation you are entitled to for your resulting damages and losses. We will work hard to recover recompense for your past, current, and future losses, including hospital bills, medical costs, pain and suffering, and much more. Continue below to learn more about us, and why you should choose our skilled and experienced Indianapolis personal injury lawyers to represent you in your claim.

There are Many Reasons Why You Will Benefit as a Client of Craven, Hoover, and Blazek P.C.

FREE CASE EVALUATIONS

Here at Craven, Hoover, and Blazek P.C., we offer your first consultation with an esteemed and seasoned accident attorney, free of charge. There is never any out-of-pocket obligation to meet with our lawyers and discuss the viability of your case. If you cannot meet in-person at our Indianapolis-based office, we can conduct case evaluations over the phone, via Skype or Facetime, at your home or at your care center where you are being treated.

WE TRAVEL FOR OUR CLIENTS

The accident lawyers at the Law Firm of Craven, Hoover, and Blazek P.C. have seen a lot of accidents and injuries over the past 30 years of our practice, so we know just how unpredictable and challenging recovering from such accidents can be. So, if you cannot come to us for a case evaluation or any other type of meeting, we will come to your house or care center you are at.

WE WORK ON CONTINGENCY   

When we tell you that there are never any upfront lawyer fees to become our client, we mean what we say. Not only do we provide free initial consultations, but we also work on a contingency-fee basis, which means that you do not owe us for our services unless and until we recover a settlement or verdict for you.

WE KNOW INSURANCE COMPANIES

Here at our Indianapolis personal injury law firm, our combined, extensive trial and litigation experience sets us apart from our competitors because it has given us the advanced skills and knowledge of how insurance companies work in accident claim negotiations and litigation. We know all of their tactics and never back down to them.

WE ARE ALMOST EXCLUSIVELY PERSONAL INJURY

Other law firms might advertise personal injury representation, but also represent a wide scope of other civil claims, such as divorce, child custody, immigration, criminal defense, and more. But here at Craven, Hoover, and Blazek P.C., we are almost exclusively a personal injury practice, which means that we know the field of tort law in greater depth, plus we have decades of experience in handling thousands of accident claims.

Contact Our Indianapolis Accident Law Firm Today

Contact us today at 317-881-2700 to learn more about us, or to schedule a free case evaluation with an Indianapolis personal injury lawyer. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are accident lawyers with extensive trial and litigation experience in several practice areas of tort law, and are fully-prepared to represent your accident and injury or wrongful death claim. We represent injured persons throughout the State of Indiana, so get started with a free consultation, today.

Indianapolis Personal Injury Lawyers 317-881-2700
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How to File a Personal Injury Complaint in Indiana

Were you or your loved one recently injured in a serious accident, and now you wish to take your claim to court for the purpose of recovering full and fair compensation for your damages and losses? If so, you need to know what a personal injury complaint is, and how to properly file one in Indiana.

Continue reading for the facts about the single document that will get your personal injury lawsuit into motion, and on the right track.

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

Personal Injury Complaints

Most personal injury claims are settled out of court with the help of a seasoned accident attorney. However, there are some cases that do go to trial, even when a legal professional is handling the claim. When such claims are taken to court, a personal injury complaint is the document a victim files to get the lawsuit started. Keep in mind, the representing personal injury lawyer is the party who actually manages the filing of this document; so, as a client, you would not be responsible for filing a personal injury complaint.

A standard personal injury complaint document is separated into specific sections that contain the basic information about the claim and the plaintiff, including court information, facts about the accident, the relevant law, and the losses and damages of the plaintiff. Depending on the circumstances of the claim and personal methods of a law firm, complaints may also contain the legal basis for filing the lawsuit, such as an explanation as to why the plaintiff feels entitled to compensation for their damages and losses. See our blog, “An Overview of Indiana Negligence Laws” to better understand your legal right to compensation after being hurt in an accident.

Statutes of Limitations

Here in Indiana, the law gives personal injury claimants 2 years from the date of the incident to make a claim against the at-fault party in most situations. See our blog, “Is it Too Late For Me to Make a Personal Injury Claim?” to learn more about our state’s statute of limitations.  Applicable time limits are substantially less, depending upon who the at-fault party is, so it is very important to call an injury attorney as soon as you have been able to obtain your initial treatment for your injuries.

Who to Trust With Your Indiana Personal Injury Claim

Call the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with a licensed accident attorney in Indianapolis, Indiana. Our esteemed personal injury lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek will work hard so you can recover the full and fair compensation you deserve after being injured in a serious accident. Not only do we represent injured people throughout the State of Indiana, we never collect lawyer fees unless we obtain a settlement for you.

Indianapolis Personal Injury Lawyers 317-881-2700
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An Overview of Personal Injury Basics

Personal injuries fall under an area of law known as tort law. Under tort law, anyone injured at not fault of their own, but rather, the fault of another person or entity, is entitled to recover compensation for various types of damages. If you or someone you love has suffered losses as a result of a negligent accident, continue reading to learn some basic terms and information that will help you get started on your personal injury claim.

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

Statute of Limitations

An important factor to consider when facing a potential personal injury claim is time. There are set time limits on how long a personal injury victim has to make a claim against a negligent, at-fault party. The amount of time set for such cases depends on a few factors, primarily the type of injury and state laws. See our blog, “Can a Personal Injury Statute of Limitations Be Extended?” to learn more about personal injury claim timelines.

Negligence

Under tort law, negligence is defined as a failure to possess or demonstrate a level of care, expected by all persons under law, which protects another person, reputation, or property from harm or foreseeable and unreasonable risks. The burden of proving negligence in a personal injury case falls onto the plaintiff, who must show that the defendant 1) owed a legal duty of care, 2) breached that duty of care, 3) the breach directly caused the accident, and 4) the accident resulted in losses and damages.

Damages and Losses

There are various types of economic losses a victim can suffer as a result of a serious accident or injury. Common damages awarded to personal injury victims include compensatory, nominal, and punitive damages such as hospital bills, medical expenses, lost wages, loss of future earnings, physical disablement, lost ability to work, and more. See our blog, “Types of Damages Awarded for Victims of Injury” to learn more about personal injury damages.

Pain and Suffering

Also referred to as hedonic damages, pain and suffering is a legal term used in tort law that describes the cumulative non-physical injuries, or emotional and mental trauma and burdens, experienced by the victims as a result of the accident and injuries. Non-physical injuries might include fear, anxiety, grief, worry, insomnia, a loss of enjoyment for one’s life, loss of consortium, wrongful death, and more.

Personal Injury Claims

In order to recover the full and fair amount of compensation you deserve after being seriously injured in an accident that was not your fault, it is best to make a personal injury claim. In order to present an effective case, it is wise to seek out professional legal representation for help navigating and negotiating your claim. See our blog, “How to Make a Personal Injury Claim in Indiana” to learn how to get started. Or simply scroll below to skip the hassle and speak directly to seasoned Indianapolis personal injury lawyers who can help.

Indianapolis Personal Injury Lawyers

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700

Personal Injury Accidents That May Also Have Criminal Penalties

Criminal law involves crimes prosecuted by the state or federal government, rather than a private party or person. Criminal violations, like felonies and misdemeanors, are subjected to state and federal punishment; therefore, guilty individuals face jail time, probation, governmental fines, and in extreme cases, the capital punishment.

In contrast to criminal law, civil law is the area of the American legal system that manages disputes or wrong-doings between private parties and prosecuted by private parties most usually. A common example of such cases involve personal injuries. If someone is wrongfully injured by another person demonstrating negligence or malicious intent, they can ask the court or jury to decide who is at-fault and if the negligent party should pay remuneration to the injured person.

When it comes to tort law, or personal injury law, some accidents can render both civil and criminal consequences for the at-fault party. Continue reading to learn some examples of when an individual may also face state or federal charges for carelessly causing an accident that results in someone’s injury or harm.

Personal Injury Attorney Law Firm
Personal Injury Attorney Law Firm 317-881-2700

Civil and Criminal Lawsuits

Although murder is a crime against a person, the crime itself goes against state and federal law, therefore making it a criminal case, in addition to a civil one. These cases usually go to a jury trial where defendants are prosecuted by the state. In criminal litigation, defendants are allowed to appoint their own attorney, or have one appointed to them by the state if they cannot afford to pay for one themselves.  In the case of murder or homicide, the family of the victim may be able to pursue a wrongful death claim in civil court, and collect compensation for their loss, whether a child, spouse, or relative.

Additional Examples:

Car Accidents – If a person is driving recklessly or illegally, such as underage or intoxicated, and they seriously injure or kill another person as a result, the victim or their family can seek compensation for their losses and damages in civil court. Furthermore, the state may choose to press charges against the driver for criminal offenses, including operate a vehicle under the influence and causing bodily injury.

Negligent Supervision – If someone is guilty of negligent supervision, they may face both civil and criminal penalties if their actions are deemed criminal, such as in the case of child abuse, child negligence, manslaughter, nursing home abuse, and more.

Sexual Harassment at Work – If a person is being sexually harassed at work, they may be able to pursue a claim if the situation was ignored or not properly addressed by management. Furthermore, the wrongful party could face criminal penalties if the sexual harassment was criminal in nature, such as rape, sexual misconduct, voyeurism, and more.

Medical Malpractice – If a doctor or clinic negligently causes injury or death to a patient, they could be sued in civil court by the victim or their family, as well as, be charged criminally if their offense was intentional, egregious, or falls under manslaughter.

The circumstances among each case of personal injury victims vary greatly, especially when it comes to penalizing an at-fault party criminally. Always discuss your questions and concerns with a seasoned Indiana personal injury lawyer you can trust. They will be able to provide the best advice on which course of action you and your family should take after suffering the consequences of a serious injury.

Indiana Personal Injury Attorneys

Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700, and located in Indianapolis, Indiana, if you or a loved one was recently hurt in a serious accident in Indiana. Our personal injury attorneys offer free initial consultations to sit down and assess your case. If we feel that you are entitled to compensation for your injuries, we begin working on your case immediately, without charging a dime. If we do not prevail for you, you will not owe our law firm any payment. We are the strong voice and immediate action you need for your personal injury lawsuit.

Indianapolis Personal Injury Lawyers 317-881-2700
Indianapolis Personal Injury Lawyers 317-881-2700