Tag Archives: Statute of Limitations personal injury

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

Posted on by

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
Schedule a Free Consultation!

Did You Recently Lose a Loved One to a Wrongful Death?

Posted on by

The loss of a loved one is a very difficult time in any person’s life. But when a loved one’s passing is unjust, the severity of grief and suffering can be vastly deeper, and therefore, even more difficult to cope with. If a close family member, relative, child, or spouse recently died as a result of another’s negligence, you may be entitled to certain compensation for your losses and damages, including the emotional pain and suffering and lost income you have experienced since the passing of your family member.

Start by calling the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for information about wrongful death personal injury claims in Indiana. Continue reading to learn how to get started.

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

Indiana Wrongful Death Law

Under Indiana Code Title 34. Civil Law and Procedure § 34-23-1-1, “When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter, if the former might have maintained an action had he or she, as the case may be, lived, against the latter for an injury for the same act or omission.” A “personal representative” might be a husband, wife, daughter, mother, son, grandchild, or any other person that is listed as a co-manager, owner, or speaker of the household. 

Statute of Limitations

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so, which is regulated by state law. These time limits differ from state to state and from case to case, but all statute of limitations begin on the day of the incident. Once the statute of limitations have expired, the opportunity of pursuing a claim does as well. 

When it comes to wrongful death statutes of limitations, Indiana Code § 34-23-1-1 goes on to say, “(…) the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission.”

However, claims against governmental entities have prerequisites that must be met and a much shorter deadline so obtaining a personal injury attorney quickly is vital, especially considering that a complete investigation should be done immediately.

Wrongful Death Claims

Because of the statute of limitations and other contributing factors, it is important to act fast following a wrongful death in the family. To get started, schedule a free initial consultation with one of our experienced Indiana personal injury lawyers who specialize in wrongful death claims. There is no fee for this consultation, nor will you have to pay any upfront lawyer fees. You only pay your lawyer if they recover a settlement for you.

The following compensation is recoverable if your wrongful death claim is successful:

✔ Funeral Arrangement Expenses
✔ Burial Arrangement Expenses
✔ Hospital and Medical Bills
✔ Lost Wages
✔ Lost Benefits
✔ And More

How to Get Started

Talk to an Indianapolis wrongful death lawyer for help with your claim, today. Contact the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to learn the best course of legal action after your devastating loss. We represent injured persons throughout the State of Indiana regardless of how the injury occurred, so long as the person was injured as a result of the negligence or “failure to use reasonable care” of another person or entity. We also offer free initial consultations and never collect lawyer fees unless we win a settlement or verdict.

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

An Overview of Personal Injury Basics

Posted on by

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

Can a Personal Injury Statute of Limitations Be Extended?

Posted on by

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