If you’re considering filing personal injury claims in Indianapolis after any type of injury, you need to know about the statute of limitations. This is a law that sets out the time you have to file your claim and it varies depending on the type of lawsuit. If you don’t file your personal injury claim in Indianapolis within the specified time, you’re likely to be barred from doing so. Therefore, you need to consult with an Indianapolis personal injury lawyer promptly so you can ensure your claim is filed in a timely manner.
Under Indiana’s laws, the statute of limitations for personal injury claims in Indianapolis is two years and the clock typically starts running on the date the injury occurred. There are, however, a few exceptions to this. These can give you more time to file your lawsuit.
Exceptions to Indiana’s Statute of Limitations
One exception is known as legal disability. In some cases, if the injured person is considered legally disabled at the time of the accident the statute doesn’t kick in until they are competent. If the victim was under 18 at the time of the injury, they won’t be considered competent until they turn 18. In both cases, victims have two years from the date that they’re deemed competent to take legal action. These exceptions to personal injury claims in Indianapolis should be noted.
Another exception relates to non-residence. If the person responsible for your injuries leaves the jurisdiction and becomes non-resident before you can file your lawsuit, the statute of limitations may be tolled. The two-year period would begin when the person is once again resident in the state. However, if the individual has an agent for service of process in Indiana, you may still be able to serve the person. The non-residence exception wouldn’t apply in this instance.
You may also have more time to file your lawsuit if the at-fault party tries to conceal their liability. The time would begin to run when the period of concealment has come to an end.
Regardless of what led to your injuries, you shouldn’t make any assumptions regarding the statute of limitations. You will need to contact an attorney to make sure you do everything within the law.
Filing Claims Against Government Entities
If a government entity was responsible for your injuries, there’s something else you need to consider along with the general statute of limitations. It’s called a tort claim notice. You need to notify the state in writing about your intention to file personal injury claims in Indianapolis for individual or property damage. Your notice must include:
- The circumstances surrounding the accident
- The time and place the accident occurred
- The extent of your losses
- The names of everyone involved if known
- The amount of damages you’re seeking
If your personal injury claims in Indianapolis is against the state, it must be filed within 270 days. Claims against a political subdivision must be filed within 180 days.
Considerations When Filing a Personal Injury Lawsuit
Indiana’s comparative fault rule could affect the outcome of your case. If you were partly responsible for the accident that led to your injuries, your damages will probably be reduced. It all depends on how much fault is assigned to you. If you were 50 percent or less at fault, you’ll still be able to recover compensation. However, the amount will be reduced by your share of responsibility. If you were more than 50 percent at fault, you will not be able to recover your losses.
Given this system, the other side will try to prove that you were more at fault than they were. Your attorney will have to present evidence to show that the defendant was either totally or primarily at fault. Otherwise, you could lose out on the compensation you need to move on with your life.
Get Help from An Experienced Attorney at Stewart|Phelps|Wood
If you believe someone else was responsible for your injuries, you should contact a personal injury lawyer in Indianapolis as soon as possible. Even though it may seem like the statute of limitations gives you a long time to file your lawsuit, you shouldn’t try to hire an attorney at the last minute. It’s best to give your lawyer all the time they need to investigate the incident and build a strong case for your personal injury claims in Indianapolis.
Our team of attorneys will help you to fight for the compensation that you deserve. Wherever possible, we’ll try to settle your case out of court, but if we need to go to trial, we’re prepared to do so. Call us today to schedule a free consultation and benefit from our expert legal advice.