Tag Archives: Indiana Statute of Limitations

What are the Indiana Civil Statute of Limitations?

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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
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

Indianapolis Personal Injury Lawyers 317-881-2700
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What You Need to Know About Barred Claims and Filing Fees

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Indianapolis Personal Injury Lawyers 317-881-2700

Indianapolis Personal Injury Lawyers 317-881-2700

Will a personal injury claim be denied if the filing fee is not paid in full before the statute of limitations runs out? This is a common question among those who have suffered a serious injury and wish to pursue a claim against the negligent party; and a very important one too. If you are preparing to file an injury claim, you should know the answer to this question. Continue reading to learn how a claim can be barred if you do not pay the filing fees in full and on time.

Personal Injury Claims and Fees

In Indiana, in order to initiate a personal injury claim, you must pay the filing fees to the court in full BEFORE the statute of limitations expire. If you do not pay the full amount of filing fees to the court on time, your personal injury claim will be barred. Here is an example that demonstrates how serious filing fees are to a personal injury claim:

Indiana Court of Appeals Ruling in Hortenberry, Natasha F. v. Palmer, Thomas, 10A04-1301-CT-17:

Thomas wanted to file a negligent action claim against Natasha; but when he wrote a check to cover the filing fee, he mistakenly made it out for $2 less than the full amount due. Once the court clerk noticed the error, they notified Palmer who then sent in a check for $2 to cover the difference. The only problem was, by this time, the statute of limitations had run out. Even after several appeals, the courts relied on Trial Rule 3, which clearly states that payment of the requisite filing fee is required to initiate an action.

Hire an Accident Lawyer

The legal system is complicated, tricky, and tedious. It is important to discuss the details and agendas for your personal injury claim with an experienced accident attorney. They have the knowledge and resources needed to accurately guide you through the process to ensure your claim is handled with care. That is why it is crucial to hire a professional in the industry to help you through the process and protect you from lost compensation. There are many “do’s and don’ts” when it comes to personal injury cases, so be sure to speak with a lawyer as soon as you are involved in an accident that results in an injury.

Indianapolis Personal Injury Attorneys

Craven Hoover Blazek Personal Injury Law

Craven Hoover Blazek Personal Injury Law 317-881-2700

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for help filing a negligent action claim in Indianapolis, Indiana. Our seasoned accident lawyers, Daniel Craven, Ralph Hoover, and Keith Blazek, are eager to help you recover the full and fair compensation you deserve after suffering a serious injury. We offer free initial consultations and never collect lawyer fees unless we prevail for you. Call 317-881-2700 to schedule a consultation with one of our esteemed Indianapolis personal injury attorneys, today.

A Brief Review of Indiana’s Personal Injury Laws

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Indianapolis Accident Lawyers 317-881-2700

Indianapolis Accident Lawyers 317-881-2700

In terms of personal injury, Indiana has its own set of ordinances that surround the civil legal process and more. This includes time limits for filing lawsuits, government claims, compensation caps, liability, and more. Most of these basic personal injury laws will become relevant at some point, either during court trials or negotiations with insurance companies.

If recently injured and considering a claim against a negligent party, it is wise to familiarize yourself with these personal injury law basics so that you are better prepared to discuss your case with a trusted accident lawyer. Continue reading to review some basic principles surrounding personal injury law, as well as, some fundamental laws and ordinances specific to Indiana jurisdiction.

Statute of Limitations

When a person is wrongfully injured and wishes to pursue a claim against the at-fault party, they cannot wait too long. All states have a set time limit to file a civil lawsuit, all of which vary depending on the type of case. As for Indiana personal injury lawsuits, a person has two years from the date of the accident to legally file a suit. Once two years has come and gone, a personal injury victim loses all opportunity to pursue compensation for their damages. This time limit decreases for other types of claims. For claims against a city or county, a personal injury victim only has 180 days to file a lawsuit. And for claims against an Indiana state government agency, victims have 270 days from the time of the accident.

Liability

Indiana uses “comparative fault” for some personal injury claims. This means a victim can be found partially at-fault for their accident and subsequent damages, thus reducing the opposing party’s liability. It also reduces the total amount of compensation awarded. For example, if a person is hit by a car while crossing the street, but they were not using a designated crosswalk, a court might find them 20% at-fault and the driver 80% at-fault. And the math for compensation would continue from there.

Car Accident Claims

In Indiana, a car accident victim has several options in terms of collecting compensation for their damages. They can choose to file with their own car insurance carrier, the other driver’s car insurance carrier (third party claim), or take the case to court to prove fault and collect compensation for damages.

Dog Bite Claims

Many states follow a “one bite rule” regarding dog bites and injuries. This means a dog owner, to some degree, is protected from liability the first time their dog injuries another person, if their history does not show aggression or past attacks. But Indiana does not use this rule; instead, they use “strict liability” meaning a dog owner is strictly liable no matter what their dog’s behavioral history looks like.

Compensation Caps

In Indiana, there are certain limits to how much compensation can be collected on specific types of cases. For example, medical malpractice lawsuits had a cap of $500,000 for non-economic damages, while government payouts capped out at five million. These compensation caps have been updated since 2012, and may currently abolished. Talk to your personal injury lawyer for current state cap limitations.

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about filing a personal injury claim in Indiana. Attorneys, Daniel Craven, Ralph Hoover, and Keith Blazek are seasoned litigators with decades of trial experience. Our personal injury law firm fights hard for our client’s right to full and fair compensation. We are not afraid to go the extra mile for our client’s well-being and future! Call 317-881-2700 to schedule a free initial consultation with a licensed personal injury lawyer in Indianapolis, and never pay attorney fees unless we win your case.

What Does Statute of Limitations Mean in an Injury Lawsuit?

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Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

When a person is injured in a negligent accident, they or their families may wish to pursue compensation through a personal injury lawsuit. In this case, they have a limited amount of time in which they can legally file a claim or lawsuit against an opposing party. This is called the statute of limitations. Continue reading to learn more about how statute of limitations works in an accident lawsuit, and who to call for information about Indianapolis personal injury claims.

Statute of Limitations

Each state has a different time period for their own statute of limitations. These time agendas are set by state government and differ depending on the type of accident, charge, or crime. In the case of a personal injury claim, the lawsuit would fall under “civil law” and have a set time frame in which a defendant can be sued for a victim’s damages. Some states may allow 3 years to file a lawsuit after an injury or accident; while another state may only allow 2 years. These laws are set in place to protect the defendant. It prevents potential defendants or opposing parties from living in a state of perpetuity, where they can be sued or prosecuted at any time during which. They are intended to bring legal claims to court in a timely manner.

The statute of limitations “time clock” always begins at the scene of the accident, or on the date of the loss. The actual day a person becomes a victim of a personal injury is the same day this metaphorical time clock starts. Once this time limit runs out, a lawsuit can no longer be filed.

In Indiana, the statute of limitations for civil lawsuits, particularly pertaining to personal injury, is two years. For other types of civil crimes, time can extend to six years or more. So if you or a loved one has been negligently and seriously hurt in an accident within the last two years, you may still be eligible for remuneration for your damages and losses. Contact an Indianapolis personal injury lawyer for information right away, before your time runs out!

Craven, Hoover, and Blazek P.C.

Personal Injury Lawyers 317-881-2700

Personal Injury Lawyers 317-881-2700

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 and speak with a licensed personal injury lawyer in Indianapolis, Indiana today. Attorney, Daniel Craven, is eager to help you recover the compensation you deserve after being injured in an accident. We offer free initial consultations to assess your case and determine if you have a valid claim. Also, we never collect lawyer fees unless we recover compensation for you! Call 317-881-2700 and speak with a friendly and knowledgeable legal representative about your recent personal injury in Indianapolis, IN today.