Facts About Indiana Wrongful Death Court Procedures

Here in the Hoosier State, when a person or entity’s (store, manufacturer, company, etc.) negligence causes someone to lose their life, relatives or legal representatives of the victim may have grounds to bring about a wrongful death claim against the negligent party. For example, if a child wanders off and drowns in a nearby pond while under the supervision of a daycare agency, the parents or guardians of the child may file a wrongful death claim against the daycare provider.

Continue below to learn more about Indiana wrongful death court procedures and how to get started on your personal injury claim today.

Wrongful Death Lawyers Indianapolis IN 317-881-2700
Wrongful Death Lawyers Indianapolis IN 317-881-2700

Wrongful Death Cases in Indiana

When a person is wrongfully killed in an accident, nothing can take away the pain and suffering of those closest to the victim. But by obtaining a settlement in the form of compensation, it can make the grieving process easier and help families get their life back to a new normal. Indiana tort law allows a wrongful death victim’s family to seek compensation for damages and losses like medical expenses, hospital bills, lost wages from missing work, pain and suffering, loss of consortium, emotional trauma, and more. It is important to consult with a seasoned Indiana personal injury lawyer to learn more about pursuing a wrongful death claim on behalf of your loved one.

Who Can File a Wrongful Death Claim?

Those who may serve as the plaintiff in an Indiana wrongful death claim include parents, legal guardians, next of kin, legal representatives of the deceased, or the estate of the deceased. Claims for the wrongful deaths of children can only be brought about by parents or legal guardians. If a wrongful death victim had many beneficiaries, the Indiana courts will adjudicate the division of the any awarded settlement or verdict. Contact an Indianapolis accident lawyer to better understand your eligibility or rights to recovering compensation through an Indiana wrongful death claim.

Learn More Now Before Time Runs Out

Indiana sets a strict statute of limitations of 2 years on wrongful death personal injury claims. For this reason, it is vital to consult with an experienced wrongful death lawyer as soon as possible, before evidence is lost, and time runs out on your claim. If you do not file a claim within the State’s allotted 2-year time period, you forever lose all opportunity to do so, even if there is still an ongoing criminal case regarding the accident that led to the wrongful death.

If you or a loved one has lost someone as a result of another’s negligence, act now to obtain justice for them. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to speak with a compassionate wrongful death lawyer in Indianapolis, Indiana. We represent people involving the unlawful death of a loved one in Indiana and for Hoosiers injured in other states.

You Should Also Read:

Is There Still Time to File My Indiana Personal Injury Claim?
What are Future Damages in a Wrongful Death Case?
Common Types of Wrongful Death Lawsuits

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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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Can a Personal Injury Statute of Limitations Be Extended?

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.

Indianapolis Personal Injury Attorneys 317-881-2700
Indianapolis Personal Injury Attorneys 317-881-2700

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.

Missed Deadlines

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.

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