How statutes of limitations can affect your personal injury claim

On Behalf of | Apr 26, 2024 | Personal Injury

Did you know that any personal injury claim has a deadline beyond which an injury victim cannot file a lawsuit to recover compensation for their damages? This is known as the statute of limitations, and it’s a crucial concern if you’re hoping to file a claim against a negligent party who has caused you harm.

The legal clock starts running from the date you suffered your injuries. A personal injury lawsuit filed after the legal window has expired will likely be dismissed, leaving you with nowhere to turn to for compensation.

How long do you have?

The statute of limitations in Indiana for most personal injury claims, such as those arising from car accidents, slip-and-falls and medical malpractice is two years from the date of the injury. However, there are some exceptions to this general rule.

If your injuries are not visible or apparent, the deadline starts running from when you discover them or should have reasonably discovered them, whichever comes first. The statute of limitations may also be delayed if the defendant does not live in Indiana and can’t be served notice of the lawsuit or if they concealed their actions from you.

Similarly, if you are under legal disability, the statute of limitations begins once the disability is removed. Legal disability is a condition that prevents a person from performing certain legal acts, such as filing a lawsuit. It could be due to age or mental incompetence. The statute of limitations does not begin to run until the disability is lifted, such as when you reach the age of majority or are declared legally competent.

Understanding and adhering to the statute of limitations is crucial when pursuing compensation via a personal injury claim. Acting promptly and seeking legal guidance early on can help you preserve your right to seek the settlement you deserve in this regard.