Tag Archives: Statute of Limitations

Mastering Your Personal Injury Claim: A Guide to Legal Terminology for Success

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Navigating the complex world of personal injury claims can be daunting. If you’re an Indiana resident pursuing a claim, understanding key legal terms is crucial. This blog post aims to demystify the jargon, empowering you, with attorney representation, to understand your personal injury case with confidence.

In this guide, we’ll break down essential legal terms personal injury claimants in Indiana should know. From comparative fault to the statute of limitations, we’ll cover it all. By the end, you’ll have a solid grasp of these terms and understand how they can affect your case.

Call 317-881-2700 to Reach Our Trusted Personal Injury Law Firm in Indianapolis
Call 317-881-2700 to Reach Our Trusted Personal Injury Law Firm in Indianapolis

Key Personal Injury Legal Terms

Comparative Fault

Comparative fault is a crucial term to understand in Indiana personal injury law. It refers to the idea that multiple parties can share responsibility for an accident. In Indiana, if you are partially at fault for your injury, your compensation may be reduced by your percentage of fault. For example, if you were 20% at fault, you’d receive 80% of the total damages awarded.

Being aware of comparative fault is vital because it influences how much you can recover. If you’re found to be more than 50% at fault, you cannot be eligible for any compensation. Knowing this term helps you better understand your position and potential compensation in your personal injury case.

Understanding comparative fault analysis can help you prepare a stronger case by also presenting evidence that minimizes your percentage of fault. This is where thorough documentation and a skilled attorney come into play.

Statute of Limitations

The statute of limitations is a legal deadline for filing a personal injury claim. In Indiana, you generally have two years from the date of the accident to file your lawsuit. Missing this deadline usually means losing your right to pursue any compensation.  The deadlines to pursue most governmental entities is shorter.

It’s essential to act promptly and consult with an accident lawyer to ensure you don’t miss critical deadlines. Knowing the statute of limitations allows you to organize your case efficiently and avoid unnecessary delays.

Awareness of this term ensures that you take timely action, which can make a significant difference in the outcome of your case. Early preparation can also help in gathering evidence and documenting a robust case.  You should hire an attorney as soon as possible after your injury so critical evidence can be obtained.

No-Fault Insurance

No-fault insurance means that each party’s insurance company pays for their own policyholder’s injuries and damages, regardless of who caused the accident. However, Indiana is not a no-fault state; it’s an at-fault state, meaning the person responsible for the accident is liable for the damages.

Understanding the difference between no-fault and at-fault systems is crucial. In Indiana, you must prove the other party’s fault to receive compensation. This involves gathering evidence, witness testimonies, and in most cases expert opinions.

Being aware of Indiana’s at-fault system helps you focus on proving the other party’s negligence, which is essential for obtaining compensation. This knowledge can also guide you in choosing the right insurance coverage.

Negligence

Negligence is a fundamental concept in personal injury law. It refers to the failure to exercise reasonable care, resulting in harm to another person. Proving negligence involves showing that the defendant owed you a duty of care, breached that duty, and caused your injuries as a result. In Indiana, negligence is a key factor in determining liability.

Understanding it helps you focus on gathering evidence to prove the other party’s fault. This can include police reports, photographs and videos, medical records, and eyewitness accounts. Being well-versed in the concept of negligence allows you to document a stronger case. It also helps you understand the importance of demonstrating how the other party’s actions led to your injuries.

Damages

Damages refer to the compensation you seek in a personal injury case. They can be economic, such as medical bills and lost wages, or non-economic, like pain and suffering and loss of consortium. In cases of egregious misconduct or negligence, a court might also award punitive damages, which are essentially meant to punish and thwart such reckless behavior. Understanding the types of damages available is crucial for estimating the value of your claim.

In Indiana, you can claim both economic and non-economic damages. Knowing the difference helps you document all your losses comprehensively. This includes keeping track of medical expenses, therapy costs, and any impact on your quality of life. Understanding damages ensures you seek full compensation for all your losses. It also helps you negotiate a fair settlement or present a compelling case in court.

Burden of Proof

The burden of proof refers to the obligation to prove the claims made in a lawsuit. In personal injury cases, the burden of proof lies with the plaintiff. You must demonstrate that the defendant’s negligence caused your injuries. In Indiana, meeting the burden of proof is essential for winning your case. This involves presenting credible evidence, such as witness testimony, photographs and videos, medical records, expert testimonies, etc…

The stronger your evidence, the higher your chances of success. Recognizing the burden of proof helps you focus on gathering and organizing evidence. It also guides you in presenting a persuasive argument in court or during settlement negotiations.

How Understanding These Terms Can Benefit You

Protecting Your Rights and Interests

Knowing key legal terms empowers you to protect your rights and interests effectively. It helps you understand what to expect during the legal process and how to respond to various situations. This knowledge can prevent you from making costly mistakes or accepting unfair settlements. Being informed about terms like comparative fault and the statute of limitations ensures you take timely and appropriate actions. This can make all the difference in the outcome of your case. Understanding these terms also helps you communicate more effectively with your attorney. It enables you to ask pertinent questions and understand the legal advice provided.

Strengthening Your Case

A solid understanding of legal terms enhances your ability to document a strong case. It helps you focus on gathering relevant evidence and presenting it effectively. This can improve your chances of obtaining fair compensation. Knowing what damages to claim and how to prove negligence are critical aspects of your case. This knowledge ensures you seek full compensation for all your losses and present a compelling argument in court. Recognizing the burden of proof and other legal concepts also helps you negotiate better settlements. It enables you to present a well-prepared case and demonstrate the strength of your claims.

Navigating the Legal System More Effectively

Knowledge of legal terms makes it easier to navigate the legal system. It helps you understand the procedures, deadlines, and requirements involved in your personal injury case. This can reduce stress and confusion during the legal process. Being aware of terms like no-fault insurance and negligence guides you in making informed decisions. It helps you choose the right insurance coverage and understand the importance of proving the other party’s fault. Understanding these terms also helps you work more efficiently with your lawyer. It ensures you are on the same page and can collaborate effectively to achieve the best outcome.

Resources and Next Steps for Personal Injury Claimants

Recommended Resources

Here are some recommended resources for further information and guidance on personal injury claims in Indiana:

  1. Indiana State Bar Association: Provides legal resources and information for Indiana residents.
  2. Indiana Department of Insurance: Offers information on insurance regulations and consumer protection.

These resources can help you understand your legal rights and provide valuable information for your personal injury case. They offer guidance on various aspects of the legal process and can connect you with legal professionals.  Obtaining your own attorney is vital though.

Suggested Next Steps

If you are considering or currently pursuing a personal injury claim in Indiana, here are some suggested next steps:

  1. Consult with a Lawyer: Seek legal advice from a qualified personal injury attorney to understand your rights and options.
  2. Gather Evidence: Collect all relevant documents, including medical records, accident reports, and witness statements.
  3. Document Your Losses: Keep track of all expenses and losses related to your injury, including medical bills, lost wages, and pain and suffering.

Taking these steps can help you document a strong case and increase your chances of obtaining fair compensation. It also ensures you are well-prepared for the legal process and can make informed decisions.

KEY TAKEAWAYS

Understanding key legal terms is essential for personal injury claimants in Indiana. It empowers you to protect your rights, document a strong case, and navigate the legal system effectively. By familiarizing yourself with terms like comparative fault, statute of limitations, and negligence, you can enhance your chances of success in your personal injury case.

Remember, seeking legal advice is crucial for ensuring you take the right steps and make informed decisions. Don’t hesitate to contact a qualified personal injury lawyer to discuss your case and explore your options.

By taking the right steps, you can maximize your chances of obtaining fair compensation and achieving a successful outcome in your personal injury case. Start by contacting the Law Office of Craven, Hoover, and Blazek P.C. at 317-881-2700 to schedule a free initial consultation with our personal injury attorneys in Indianapolis, Indiana. We represent injured victims all across the state, Indiana residents injured in other states and residents of other states injured in Indiana. We can hold meetings by phone, at your residence, online, or at the hospital if necessary.

Related Posts:

Auto Insurance Terms You Need to Know as a Car Accident Victim
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The Difference Between Special and General Damages in an Accident Settlement

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

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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.
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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.