If you’ve been hurt by someone else’s negligent actions, chances are you’ve already got a lot on your plate with your recovery, juggling your bills due to lost income and budgeting for thousands of dollars of unplanned medical expenses.
But be warned–the clock is already ticking. Although the last thing you want is the additional headache of filing a claim while trying to regain your balance, waiting to file can cost you big time. Every state has a statute of limitations for personal injury claims, and Indiana sets this limit at two years. Let’s take a closer look at the statute of limitations in Indiana, including exceptions to the rule.
What’s a Statute of Limitations?
A statute of limitations, also known as a prescriptive period, is a law governing the time limit that a plaintiff has to file a claim against another party.
In Indiana, the statute of limitations for filing a personal injury claim is two years from the date of the incident. This statute covers filing for injuries as well as property damages. Filing even one day past this time limit will usually result in your case’s dismissal. As a result, it’s important to have a lawyer who is well-versed in the specifics of your case. For example, if you are from Terre Haute, it might help to have a lawyer who can file a personal injury claim in Terre Haute. Similarly, consulting with an Indianapolis slip and fall incidents attorney could be crucial if you’re dealing with an injury from a slip and fall accident in the state capital. These attorneys specialize in the local laws and ordinances governing such accidents. They can provide the necessary legal expertise to navigate the complexities of your claim, ensuring that all filings are timely and accurately reflect the full scope of your injuries.
While these statutes seem arbitrary on the surface, a statute of limitations makes good sense. It is a way of protecting individuals and maintaining the integrity of the case. These laws:
- Keep evidence fresh: The more time passes between an incident and filing the claim, the less clear the memories surrounding the incident will be. Witnesses will forget what they saw, and no matter how clearly you recall the events now, your memories will fade as time passes. A willing witness at the scene will be less likely to come forward on your behalf if too much time passes. Or that witness may become unable to testify if they move or become incapacitated.
- Stops frivolous suits: Without a statute of limitations, anyone could sue anyone else on a whim…at any time, for any reason. So if your neighbor is angry with you, for instance, they could file a suit against you for an “injury” that happened six years ago…and you would be required to defend yourself.
- Ensure timely resolution: The sooner a plaintiff files a personal injury claim in Indiana, the sooner it’s resolved. Without this statute of limitations, cases and claims will drag on for years.
Filing Against an Indiana City or County Entity
If your personal injury claim involves an Indiana city or county entity, you need to be aware that the statute of limitations for filing is far shorter. Depending on which entity you’re naming in your suit, you and your attorneys will have between 180 to 270 days to submit your claim in writing.
It’s important to seek the guidance of an experienced personal injury attorney since these guidelines are far more stringent, and a claim that is not settled within 90 days of its receipt can be lawfully denied.
This is just one reason the government entity can deny a claim–there are many other reasons as well. Make sure to have effective legal representation right from the start to ensure you receive compensation in these cases.
What Types of Claims Are Covered Under this Statute of Limitations?
In Indiana, all personal injury claims are governed by the two-year statute of limitations. These include:
- Vehicular accidents
- Defective Products
- Animal Attacks
- Intentional acts of abuse or violence
- Medical malpractice
- Slip and fall incidents
Proving a Personal Injury Claim
There must be several proven points to assign liability in a personal injury claim successfully. It’s not enough to say someone else’s negligence directly or indirectly caused your injury; you must submit proof that they had a duty to act (breach of duty), that their actions caused your losses (causation), and that you suffered losses as a result of the incident (damages).
Breach of Duty
It must be proven that the defendant had a reasonable duty to ensure safety. For a vehicle accident, this can include factors such as driving within a posted speed limit, staying within a marked lane, and stopping at a red light. It must be proven that the defendant had a duty to act responsibly and failed to do so, resulting in the victim’s injuries.
Causation
The next point to be proven is causation. This means that the other individual’s actions led to your injuries, either directly or indirectly. There are varying degrees of causation, however, and some may involve the other party’s awareness of the damages their actions could cause.
Damages
The final element for proving liability in a personal injury case will be showing that damages occurred as the result of the incident. These damages can include medical bills, personal property losses, and lost wages.
Personal Injury Claim vs Lawsuit
Most personal injury cases are filed against an insurance company such as homeowners, workers compensation, and automobile insurers. This initial touch point is a personal injury claim. The claim process will usually involve negotiations until a settlement is reached, however if the insurer or person named in your claim denies the claim, it will be heard in court in a lawsuit.
A personal injury lawsuit is filed in court following a denied claim or a failure to reach a settlement agreeable to both parties. These cases frequently will be settled before the court date if a court date can be reached.
It’s important to note that the clock is still ticking regardless of which action you and your attorney choose to take. The process must begin as soon as possible to ensure you file within Indiana’s statute of limitations.
Exceptions to the Statute of Limitations in Indiana
Although rare, there are certain times when the statute of limitations is extended or paused.
- Some medical malpractice cases: Injuries resulting from medical malpractice may take years to show. This exception, known as the discovery rule, applies if you didn’t realize an error was made until the mistake noticeably affected you or it was discovered incidentally. An example of this might be a surgeon leaving a surgical instrument inside your body. You may not realize it until you begin having pain or an X-ray for an unrelated reason reveals it.
- Minors: The statute of limitations in Indiana does not go into effect until a minor turns 18.
- Legal disabilities: Those with physical or emotional disabilities will not be covered under the statute of limitations until their disability status is removed.
- Uncooperative defendant: The statute of limitations will be paused until the defendant is located if a defendant can’t be found, has moved out of state, or has gone into hiding.
- Incarceration: Incarcerated individuals will have an exception to the statute of limitations while they remain in jail.
Across the US, there are statutes of limitations in place for personal injury cases. Although that may seem frustrating for victims who seek justice, these laws are in place to protect both plaintiffs and defendants.
In Indiana, the statute of limitations protects people from getting blindsided by frivolous lawsuits decades after an accident supposedly occurred. This state code also allows victims to seek swift justice, and gives them more than enough time to file a legal personal injury claim.
So, how can this law impact your own personal injury case? How can a lawyer in Indiana ensure that your claim is filed before time runs out?
Let’s unpack how the statute of limitations influences personal injury cases.
What is a statute of limitations?
A statute of limitations regulates the amount of time a plaintiff can file a case against a defendant, and can apply to both criminal and civil cases. However, the settlement period of a personal injury claim may exceed the statute of limitations to file a claim.
If no settlement can be reached and the case goes to court, there’s no limit on time once the trial process begins.
Why do states have statute of limitations laws?
Every state in the US has a statute of limitations on the books. This law allows protection for both victims and defendants. For example, if you were the victim of a hit-and-run accident and are now experiencing exorbitant bills and severe injury, you want to get your lawsuit filed as quickly as possible.
Conversely, imagine you own a public-facing, thriving business. Shockingly, you’re hit with a catastrophic injury lawsuit that claims you are liable for premises gross negligence committed in 2003, but the claim was filed in 2023. The law protects you from this type of legal action, and this claim would no longer hold merit.
Is the statute of limitations the same in every state?
Although every state regulates the time window on filed criminal and civil claims, the statute of limitations varies based on the state and the case. However, no state has a statute of limitations that exceeds six years, and most states require personal injury claims to be filed within two years.
Here’s a look at some time regulations for personal injury cases:
- Alabama, 2 years
- Arkansas, 3 years
- Colorado, 2 years, 3 years for car accident claims
- Illinois, 2 years
- Louisiana, 1 year
- Maine, 6 years
- Michigan, 3 years
- Missouri, 5 years
- Ohio, 2 years
- Wyoming, 4 years
What is the statute of limitations in Indiana?
Indiana state code § 34-11-2-4 mandates that any personal injury claim is filed within two years of the date of the injury. If you fail to begin the claims process before the statute of limitations runs out, you may find you have no legal merit to pursue compensation.
However, there are several exceptions to this statute. If the victim in the claim was a minor or was mentally incapacitated when the injury occurred, they may wait longer to begin pursuing their personal injury case.
Similarly, if a named defendant does not respond to a claim within the statute of limitations, the victim may be given a time extension to file their lawsuit.
How can an Indiana personal injury lawyer help?
If you choose to retain an Indiana personal injury lawyer to help you file your lawsuit, it’s important that you research attorneys in your area and come to your initial consultation meeting with prepared questions.
Once you choose to begin the journey with your personal injury case, your attorney can take over the legal reins and handle all of your paperwork for you. They will ensure that your case is filed before the two year statute of limitations runs out.
An Indiana personal injury lawyer can also help you:
- Explore the merits of your case
- Collect evidence to strengthen your personal injury case
- Calculate the damages you should seek
- Prove liability of the at fault party
- Interview witnesses (including eyewitnesses and expert witnesses)
- Represent you in any negotiations and mediation meetings
- Fight for you in court (should your case go to trial)
Does the statute of limitations apply to all cases and damages?
Aside from the aforementioned exceptions to the rule, the statute of limitations in Indiana for personal injury cases applies to all personal injury cases — regardless of the severity of your injuries or what damages you claim in your lawsuit.
Types of personal injury damages
Legally, damages refer to the compensation awarded for both your quantifiable and immeasurable losses. In a personal injury case, damages are usually broken into two categories: economic damages (also known as special damages) and non-economic damages (also known as general damages).
Although you must file your claim before the statute of limitations runs out, you must also account for ongoing costs or future damages. This is especially pertinent in catastrophic injury lawsuits in South Bend, where the impact of a severe injury, such as one to the spinal cord, can resonate throughout a lifetime.
In the tragic event of a wrongful death, the expertise of wrongful death lawyers in South Bend becomes indispensable. They understand the profound urgency and sensitivity required in these cases and can ensure the lawsuit is filed within Indiana’s legal time frames.
Similarly, spinal cord injury lawyers in South Bend are crucial when seeking justice for such life-altering harm. They are adept at calculating the full extent of current and future damages, ensuring that victims or their families receive the comprehensive compensation they need to manage the long-term effects of such devastating injuries.
An Indiana attorney can meet with you and help calculate the damages you might seek.
Examples of damages in a personal injury case
Often, the damages you claim in a personal injury case will fall under both the economic and non-economic categories. If you’re unsure of how to qualify your losses, an attorney can help.
Some of the most common damages sought in a personal injury case include:
- Catastrophic injury
- Emotional distress
- Lost wages
- Loss of quality of life
- Medical expenses
- Pain and suffering
- Property repair costs
- Reduced earning potential
- Wrongful death
Common injuries seen in Indiana personal injury cases
Regardless of whether the injuries you suffered at the hands of another are minor or severe, you may be entitled to compensation. However, it’s vital that you file your claim before the statute of limitations runs out. Although each case is different, here are some of the most common injuries associated with a personal injury claim:
- Bone bruises
- Concussion
- Emotional trauma
- Eye injuries
- Facial injuries
- Fractures
- Hematomas
- Hearing or vision loss
- Loss of limb
- Paralysis
- Skull fractures
- Spinal cord injuries
- Traumatic brain injuries (TBIs)
Frequently Asked Questions
What is the statute of limitations on suing someone in Indiana?
In Indiana, you have two years to file a lawsuit for personal injury, wrongful death, or property damage. This means you need to take legal action within two years of the incident. It’s important to know these time limits to protect your rights.
How long can you wait to sue someone in Indiana?
You generally have two years from the incident date to file a lawsuit for personal injury, wrongful death, and property damage claims. This information can be found in the Indiana Code, specifically Ind. Code § 34-11-2-4(1) for injury to a person and § 34-11-2-4(2) for injury to personal property. Other types of cases, such as fraud, professional malpractice, and trespass, have different time limits ranging from two to six years. Be aware of these time limits because waiting too long to take legal action can result in your case being dismissed without being heard.
What is the statute of bodily injury in Indiana?
Indiana Code section 34-11-2-4 details the statute of limitations for personal injury cases. This law establishes a two-year deadline for filing lawsuits related to “injury to person or character.” This deadline applies regardless of whether the case involves negligence or other legal principles.
It’s important to seek legal guidance if you think you may qualify for an exception to the statute of limitations for your personal injury claim.
