In Indiana, the statute of limitations gives claimants two years from the date of the accident to file for personal injury claims.
When you get involved in a car accident, there is a limited period to file an injury lawsuit. This is known as the statute of limitations. In the U.S., different states have different guidelines that should be followed, thus making it imperative for road accident victims to understand their respective statutes.
The Indiana Statute of Limitations
In Indiana, the statute of limitations gives claimants two years from the date of the accident to file for personal injury claims. Once this period has elapsed, you are no longer eligible to file a lawsuit in a court of law.
The good news is that there are some exceptions for the 2-year window period. As such, it is imperative to involve a qualified and registered Brownsburg car accident attorney. A legal expert can easily identify if any such exceptions apply to your case.
Exceptions to the Statutes of Limitations
One exception applies to anyone under the age of 18. Minors injured in an accident are not in a position to file lawsuits on their own behalf. They gain the right to commence the lawsuit once they have reached their 18th birthday.
Another exception is that if the accident involved a city or a county, the statute of limitations allows the claimant to file a formal claim within 180 days. If you name a state government agency in your claim, you have 270 days to file a formal lawsuit.
Exceptions also apply to anyone who is disabled or mentally impaired due to the accident. According to the statute of limitations, you are eligible to file a case once your disability status has been removed.
For example, if you get involved in an accident that puts you in a coma, you will have two years to file your claim from the date you were no longer considered to be disabled.
If the accident leads to death, the statute of limitation gives an extra 18 months from the date of death. In this case, the victim’s family members can file a lawsuit in court.
Suing for Personal Injuries Sustained
The Indiana statute of limitations allows you to sue for compensation for your injuries if you were a:
- Driver
- Pedestrian
- Cyclist
- Passenger
The Indiana statute of limitations gives you the right to seek compensation that will help you pay for your medical expenses, lost wages, loss of companionship, pain and suffering, and disability costs.
The compensation offered is vital as it offers financial support while trying to get your life back in order. Therefore, it is advisable to seek help from an Indiana accident attorney to help you get the maximum compensation.
Seeking Legal Advice
If you have been injured in a car accident, it can easily take law enforcers two years to investigate the accident, contact the involved insurance companies, and most importantly, collect evidence to be used in court.
On the other hand, as a victim, you will have to work in tandem with the investigators and your insurance company to determine the next course of action. This entire process is not only tiring and time-consuming, but it can also limit your chances of getting the best out of your claim.
It is also of the essence to bear in mind that if your case involves a federal, local, state, or government entity, there are additional time constraints and legal procedures to consider.
If, by chance, you do not follow these rules when filing a “notice of claim,” you will easily lose your constitutional right to receive your rightful compensation from the government.
Final Thoughts
A notice of claim is part of the entire legal process of filing for compensation in Indiana. If you decide to handle the case yourself, the law bars state attorneys from helping you with the filing process. If you are not versed, you will likely lose your right to receive your compensation. This is another reason you should consider hiring a state attorney to handle your claim.
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