Indiana’s Statute of Limitations
If you’re a fan of television serials that dramatize the judicial and legal system, no doubt you’re familiar with the term “Statute of Limitations”. The Statute of Limitations defines the maximum amount of time in which one can wait to file a legal claim. Once the time period has lapsed, the claimant is forever barred from making a claim. Federal statutes set the limitation for cases brought in Federal Court. Such cases may include but are not limited to bankruptcy, federal tax matters and disputes with federal agencies.
Indiana Statute of Limitations and Notice of Tort Claims against Government Entitles and Public Employees
States enact their own statutes of limitations for all other matters conducted under local jurisprudence. For cases involving claims of personal injury in the state of Indiana, a time limit of two (2) years applies to the victim(s) of an injury to their “person or character” [See Inc. Code § 34-11-2-4(1)], i.e. a party injured in an auto, motorcycle, truck, semi tractor-trailer bicycle or accident as a pedestrian, has only two years from the date the injury occurred to seek the advice of an attorney and file a claim against the responsible party. However, in some instances involving a “Governmental Entity” (i.e. action against State Police Department, Fire Department, ambulance, School Corporation, etc.) the Tort Claim Notice must be filed within 180 days of the accident or else the Statute of Limitations will forever bar any cause of action.
Attorneys may decline a case if the Statute of Limitations is About to Run
After a crash, people often attempt to resolve their own property damages and medical issues without the benefit of an advocate – an attorney who works on their sole behalf. Meanwhile, the clock ticks on the Statute of Limitations. And by the time the injured party becomes overwhelmed by a growing list of medical bills and an insurance specialist bearing down for a signed settlement agreement, precious time has passed.
Two years may seem like a great deal of time but in some cases, it may take a couple of years before the extent of injuries are fully realized and treatment options can be explored. Our lawyers recommend that you seek counsel with an attorney experienced in matters of personal injury as soon as possible after your involvement in an accident. The injured person’s first priority should be to allow the healing to take place. Your attorney will sort through the medical bills for you and work with the institutions that have provided your medical care so you can focus on just getting better. Meanwhile your attorney will investigate the accident, talk to witnesses, obtain evidence and keeps the lines of communication open with the insurance company(ies) involved.
Many attorneys will refuse a case that is nearing the statute of limitations because of the amount of time required to fully investigate the facts. Remember, you only have two years to file a claim for a personal injury case in the state of Indiana.
Experienced Personal Injury Attorney
The law firm of Ward & Ward will consult with you at no charge and give you an honest assessment of your case. If you’ve been injured in an accident involving a car, motorcycle, semi tractor-trailer, van, or as a cyclist or pedestrian, please call us today or visit our website at http://www.wardlawfirm.com.