{"id":2221,"date":"2018-12-28T15:26:44","date_gmt":"2018-12-28T15:26:44","guid":{"rendered":"https:\/\/www.chblawfirm.com\/blog\/?p=2221"},"modified":"2018-12-28T15:26:44","modified_gmt":"2018-12-28T15:26:44","slug":"is-it-too-late-for-me-to-make-a-personal-injury-claim","status":"publish","type":"post","link":"https:\/\/www.chblawfirm.com\/blog\/is-it-too-late-for-me-to-make-a-personal-injury-claim\/","title":{"rendered":"Is it Too Late For Me to Make a Personal Injury Claim?"},"content":{"rendered":"\n
\"Indianapolis<\/figure>\n\n\n\n

All states have a set statute of limitations for personal injury claims, which set parameters on the amount of time a person has to make a claim after their accident. These statute of limitations vary from state to state, some being as short as 1 year, while others extending up to 6 years. <\/h3>\n\n\n\n

Here in Indiana, personal injury victims usually have 2 years to make a personal injury claim for compensation (Ind. Code Ann. \u00a7 34-11-2-1 et seq.). However, claims against certain governmental and quasi-governmental entities require a Notice of Tort Claim to be made in as little as 180 days in some cases so it is essential for persons with personal injury claims to immediately seek out representation. <\/p>\n\n\n\n

But what happens if a person does not learn who caused\ntheir accident until after the statute of limitations runs out? Or similarly,\nthe severity of their injuries are not evident until much later? Well, for\nthese reasons and more, some states allow an exception to their statute of\nlimitations for personal injury claims. This is sometimes referred to as a\n\u201cdiscovery rule\u201d exception, and it plays a vital role in the rights of a\npersonal injury victim, as well as their family.<\/p>\n\n\n\n

Continue reading to learn more about the discovery\nrule exception, including common examples and how to get started on your\npersonal injury claim.<\/h2>\n\n\n\n
\"Indianapolis
Indianapolis Personal Injury Lawyers <\/figcaption><\/figure>\n\n\n\n

The Discovery Rule <\/h1>\n\n\n\n

When a person is injured in an accident that was not\ntheir fault, the statute of limitations starts on that very day of the\nincident. From there, a victim has a set amount of time to make a claim against\nthe negligent party for the purpose of recovering compensation to cover their\nsubsequent damages and losses. However, many states have some form of a “discovery\nrule” exception to their statute of limitations, which extends the filing\ndeadline for making a personal injury claim under very specific\ncircumstances.  <\/p>\n\n\n\n

This discovery rule extension is generally granted\nwhen a personal injury victim did not know about their injuries until after the\nstatute of limitations expired, who was responsible for the accident until\nafter the statute of limitations ran out, or that the suspected liable party\u2019s\nactions may have caused their injuries until after the statute of limitations\nexpired. <\/p>\n\n\n\n

For example, a state might have a 2 year statute of limitations for personal injury claims, along with a discovery rule that states the time clock does not begin until the victim is aware or had sufficient notice of their injuries, as well as, the cause of the harm. Under these circumstances, a victim would be granted an extended deadline to file a personal injury claim if they experienced a late onset of injuries after the statute of limitations expired.<\/p>\n\n\n\n

Another example is asbestos poisoning. For instance,\nif a person lives in an apartment building that has asbestos-insulated\nplumbing, and 15 years later is diagnosed with lung cancer as a result of the\nexposure, they could rely on the discovery rule to increase their success at\nmaking a personal injury claim against the liable party.<\/p>\n\n\n\n

Most states will extend the statute of limitations for\nplaintiffs who are minors, mentally-handicapped, disabled, mentally-ill, or\nlegally insane. Also, most states will grant an extension if the liable party\nleft the state. If the liable party flees, the clock can be held to stop\nrunning, and may not start up again until they return to the state.<\/p>\n\n\n\n

How to Make an Allegedly Late Personal Injury Claim<\/h2>\n\n\n\n
\"Personal
Personal Injury Law Firm \n317-881-2700<\/figcaption><\/figure><\/div>\n\n\n\n

If you are a victim of a personal injury, but fear\nthat too much time has passed since your accident, it is important to speak\nwith a seasoned personal injury attorney to learn more about Indiana\u2019s statute\nof limitations rules and exceptions. <\/p>\n\n\n\n

Call The Law office of Craven, Hoover, and Blazek P.C. at 317-881-2700<\/strong> to get started. Our seasoned Indianapolis personal injury lawyers<\/a> will fight for your rights to the full and fair compensation you deserve. Not only does our law firm offer free consultations, we never collect lawyer fees unless we recover a settlement for you.<\/p>\n","protected":false},"excerpt":{"rendered":"

All states have a set statute of limitations for personal injury claims, which set parameters on the amount of time a person has to make a claim after their accident. These statute of limitations vary from state to state, some … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[53],"tags":[90,790,113,200,891],"class_list":["post-2221","post","type-post","status-publish","format-standard","hentry","category-personal-injury","tag-indianapolis-personal-injury-law-firm","tag-make-a-personal-injury-claim","tag-personal-injury-claims-indianapolis","tag-personal-injury-info","tag-the-discovery-rule-law"],"_links":{"self":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2221","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/comments?post=2221"}],"version-history":[{"count":1,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2221\/revisions"}],"predecessor-version":[{"id":2224,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/posts\/2221\/revisions\/2224"}],"wp:attachment":[{"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/media?parent=2221"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/categories?post=2221"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.chblawfirm.com\/blog\/wp-json\/wp\/v2\/tags?post=2221"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}