Individuals can suffer serious injuries from events such as car accidents, motorcycle incidents, slip-and-fall accidents, and dog bites. Often, these injuries result from another person’s negligence or reckless behavior, leading to significant physical, emotional, and financial challenges. Consequently, many people consider filing a personal injury lawsuit to secure compensation for their pain, suffering, medical expenses, lost wages, and other related damages. However, it is important to understand that there are specific deadlines for initiating these lawsuits in Indiana.
The Statute of Limitations in Indiana
In Indiana, individuals involved in an accident have a specific timeframe to file legal action for personal injury claims. This period, known as the statute of limitations, typically lasts two years from the date of the accident. If a lawsuit is not filed within this timeframe, individuals may lose the right to pursue compensation for the damages and losses incurred.
Exceptions That May Apply
While the deadline for filing a lawsuit in Indiana after an accident is usually two years, various circumstances may impact this period, including the following:
Discovery Rule
The discovery rule is an important exception for individuals who may not immediately realize they have sustained an injury or understand the cause of that injury. For example, injuries due to medical malpractice or occupational exposure may not immediately be apparent. In such cases, the statute of limitations is extended, allowing the injured party two years from the date they discovered, or reasonably should have discovered, the injury to file a lawsuit.
Minor Victims
The law provides a more lenient timeline for minors (under 18) who were injured. These individuals have until two years after their 18th birthday to file a claim. This provision is designed to protect minors who may not be able to advocate for themselves legally until they reach adulthood.
Mental Incapacity
If an individual was mentally incapacitated at the time of the injury, the two-year countdown to file a lawsuit is paused. Mental incapacity can include various conditions, such as severe mental illness or cognitive disabilities, which diminish a person’s ability to understand their legal rights or pursue a claim. The statute of limitations resumes once the individual is deemed mentally competent to pursue their legal rights.
Defendant Leaving Indiana
If the individual or entity responsible for causing the injury leaves Indiana, the statute of
limitations are temporarily paused. This provision ensures that defendants cannot evade legal accountability by leaving the jurisdiction. The timeline for filing a lawsuit resumes once the defendant returns to Indiana.
Fraudulent Concealment
When the responsible party intentionally hides their involvement in the injury, the injured party receives extra time to file a lawsuit. This exception enables victims to better prepare their cases after discovering the truth about the circumstances surrounding their injuries.
Claims Against Government Entities
Claims against government bodies in Indiana have specific rules and deadlines. Generally, individuals must submit a notice of intent to file a claim within 270 days of the incident. This shorter timeframe enables government entities to investigate claims promptly and allocate resources appropriately.
Medical Malpractice Cases
The standard statute of limitations for filing a medical malpractice claim in Indiana is two years. However, similar to the discovery rule, if a patient could not reasonably discover the malpractice within that period, there may be grounds for an extension. Additionally, specific rules apply to children. If a child under six is injured due to medical malpractice, the parents or guardians may file a claim until the child reaches their eighth birthday.
Learn More About the Timelines Involved
If you’ve experienced injuries from an accident in Indiana and wish to explore your legal options, contact Kaushal Law today. Our knowledgeable legal team can assess whether you have a valid case and inform you about the timeline for pursuing legal action.
