Tag Archives: Statute of Limitations

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

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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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Is There Still Time to File My Indiana Personal Injury Claim?

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When a person is injured in an accident, they don’t always know it right away. Evidence of injury can appear weeks and even months after an actual accident took place. Car accidents are a very common example of this onset of injury phenomenon, as victims often feel sore, or begin experiencing certain damages and losses due to their involvement in the accident later, rather than at the moment or right after the event.

If you were in an accident that was not your fault, and you are just now experiencing pain or any other types of damages as a result, it is important to seek treatment as soon as possible. Like many other personal injury victims in the past, you might be wondering whether or not there is still time left to pursue legal action against a wrongful party and recover compensation for your damages.

Continue reading for information about time limitations for personal injury accident claims in Indiana, and how to learn your current legal options at this point following your accident.

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

General Time Limitations for Accident Claims

Every state has set time limits for filing tort lawsuits called statutes of limitations. The amount of time you have to legally file a claim against a negligent party depends on the statute of limitations in your state of residence. For instance, here in Indiana, the time limit for personal injury lawsuits is 2 years (Title 34, Art. 11, Ch. 2, Sec. 34-11-2-4) from the original date of the accident. If your accident took place within the last 2 years, you may still be eligible to potentially file a claim to obtain compensation for your damages and losses. You must speak with an Indiana personal injury lawyer to learn your case’s strength and viability to be sure.

Suing a Government Entity is Different

If you intend to sue a government agency, there are a completely separate set of limitations. In most cases, you cannot sue a government agency without first filing an administrative claim with the city in which your injuries occurred, and often times, a person has as little as 90 days to file this claim, and perhaps less depending on the state where the injury occured. It is common for these claims to be denied too, and when you receive your denial letter, it will usually have information in it describing how long you have to file a lawsuit in court. Here in Indiana, claimants have 180 days to file a claim against a city or county, and 270 days to file against a government agency.

Extending the Indiana Personal Injury Statute of Limitations

If your time runs out on your claim in Indiana, you forfeit your right to file a claim for compensation. There are exceptions in which accident victims can request to extend the statute of limitations filing deadline, but it is rare for a judge to permit such extensions unless the victim is a minor or mentally incapacitated, or if the defendant left the state after the accident. If you are hurt in an accident that was not your fault, whether you are aware of your injuries instantly, or long after the event, the best time to begin your personal injury claim is directly after receiving medical treatment. Contact an experienced team of accident attorneys in Indiana to learn your next steps in the personal injury claim process.

Call Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free consultation with a licensed Indianapolis personal injury attorney who can determine the best strategies for your case.

To protect your rights, trust our Indianapolis personal injury law office to navigate your personal injury claim and recover the maximum compensation you deserve. Our seasoned accident lawyers represent all types of personal injury cases in Indiana, from car and truck accidents to workplace accidents, brain injuries, child injuries, orthopedic injuries, and many more. Schedule a free initial case evaluation as soon as possible, before your deadline to file passes by in Indiana and to start obtaining the evidence for your case before it disappears. Best of all, the law office of Craven, Hoover, and Blazek P.C. does not require any upfront lawyer fees, and only bill you if we obtain a settlement or verdict for you.

Indianapolis Personal Injury Lawyers 317-881-2700
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Statute of Limitations for Common Personal Injury Claims

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When an accident happens as a result of another person or entity’s negligence, injured victims typically wish to pursue a claim against the negligent party in attempt to recover compensation for their damages. This is referred to as a personal injury lawsuit. One of the most important steps to pursuing an accident claim is taking immediate action and hiring a personal injury lawyer. Although there are many reasons why retaining professional legal counsel is so vital to the outcome of your case, one reason has to do with the amount of time Indiana allows personal injury victims to make claims against negligent parties.

Continue reading to learn the statute of limitations for some of the most common personal injury claims filed in Indiana, as well as, where to get professional personal injury representation you can trust.

Indiana Personal Injury Lawyers 317-881-2700
Indiana Personal Injury Lawyers 317-881-2700

Legal Time Limits for Accident Claims

In all cases of filing a civil claim against another person or entity, there is a legal time limit to do so. The statute of limitations are the laws that set these time limits; either for a state to prosecute a person for a crime, or for a person to file a claim against another person or corporation. These time limits differ from state to state and from case to case.

The statute of limitations generally begins the day and time of an accident or crime, and once the time limit has expired, so have the chances of prosecuting or pursuing a claim. For example, if a person commits a crime as a young adult, the state cannot prosecute them for the crime of the statute of limitations has run out. The same applies for a personal injury claim.

Civil Statute of Limitations

In Indiana, you can find details regarding civil statute of limitations in Title 34, Article 11, Chapter 2 of the Indiana Code book. Below are some common injury and accident cases, as well as the legal time limits assigned to each.

✢ Personal Injury Claim = 2 Years

✢ Medical Malpractice = 2 Years

✢ Product Liability = 2 Years

✢ Assault and Battery = 2 Years

✢ Wrongful Death = 2 Years

✢ Libel = 2 Years

✢ Defamation of Character = 2 Years

✢ Slander = 2 Years

Take note that criminal statutes of limitations are generally longer, as much as five years or more, depending on the crime and state. Most personal injury claims retain a statute of limitations equally out to two years or less, depending on the variables of the case. If you need information regarding Indiana statute of limitations, or wish to learn more about filing an accident claim for a recent personal injury, contact a licensed accident lawyer for effective legal counsel.

In addition, some states, like Indiana, require what is called a torts claim notice to be sent to the at-fault party if the at-fault party is a governmental entity as a prerequisite to bringing a claim against the governmental entity.  Depending on the governmental entity, some of these time limits are set at 150 days so obtaining an attorney as quickly as you can is vital for this and evidence gathering purposes. Also, time limitations can vary in cases involving minors and cases where the injuries were not discovered within two years from the date of the wrongdoing. 

Your Accomplished and Compassionate Indianapolis Personal Injury Law Firm

Call The Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 for trusted personal injury representation in Indianapolis, Indiana. Our seasoned accident attorneys work tirelessly to ensure our clients’ rights to compensation. We offer free initial consultations to access your case and determine your eligibility for remuneration; and we never collect attorney fees unless we prevail for you! Call 317-881-2700 to schedule your free initial consultation with an Indianapolis personal injury lawyer, today.

SCHEDULE YOUR FREE CASE EVALUATION RIGHT NOW. ONE SIMPLE PHONE CALL IS ALL IT TAKES TO GET CONNECTED TO A LICENSED PERSONAL INJURY LAWYER IN INDIANA. WE WANT TO HEAR YOUR STORY. WE WANT TO GET YOU THE SETTLEMENT YOU DESERVE.
Indianapolis Personal Injury Lawyers 317-881-2700
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Can a Personal Injury Statute of Limitations Be Extended?

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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

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.