Personal Injury Statute of Limitations in Indiana
Posted On behalf of Pfeifer Morgan & Stesiak on Dec 14, 2017 in Personal Injury
If an injury victim in Indiana wants to file a lawsuit against the at-fault party, the case must be filed within a certain timeframe called the statute of limitations. All personal injury lawsuits must be filed within the statute of limitations or you will forfeit your right to pursue compensation.
Indiana has specific timeframes that apply to different types of personal injury cases. Consult our Indiana personal injury attorneys to determine which deadlines apply to your case. Schedule a free, no-obligation case review today.
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How Does the Statute of Limitations Work?
The timeframe of the statute of limitations generally begins on the date the injury occurred. In cases of accidents, it is usually easy to know the starting point, while in other cases it is harder to pinpoint.
In some types of personal injury claims, a statute of repose also applies. The statute of repose serves as an ultimate deadline that prevents victims from filing a case after a certain amount of time has gone by, such as cases against the manufacturer of a recalled or defective product. This protects defendants from indefinite liability.
Statutes of Limitation in Indiana
Indiana Code IC 34-11-2 details the statutes of limitation that apply to personal injury claims under state law; several of these statutes are explained below. (Claims related to federal law may have different statutes of limitations.)
Those who have suffered personal injuries caused by another party’s negligence have the right to file a lawsuit for compensation for resulting medical bills, lost wages and other types of damages. Ind. Code § 34-11-2-4 places a statute of limitations of two years on such a case, starting on the date when the injury occurred or when the victim discovered it.
Ind. Code § 34-11-2-4 gives a victim two years to file a case for property damage caused by another person. You can seek compensation for the damaged property and anything else that may have been affected by the property loss.
According to Ind. Code § 34-11-2-3, a victim must file a medical malpractice claim within two years of the date when the malpractice occurred, or when the injury was discovered.
If a product defect caused your injury, Ind. Code § 34-20-3-1 allows two years from the date of the injury for you to file a lawsuit. Additionally, per this law’s statute of repose, you cannot file a claim more than 10 years after you purchased the product that caused your injury.
If a person dies due to the negligent actions or omissions of another party, Ind. Code § 34-23-1-1 allows loved ones to file a lawsuit within two years of the person’s death. The compensation can help pay for medical bills, funeral costs, lost future earnings, loss of companionship and other damages.
Exceptions to Indiana’s Statute of Limitations
There are circumstances that bring about exceptions to the statute of limitations in a case, including the following:
- If the victim is a minor, the statute of limitations does not start to run until the victim turns 18.
- If the injury occurs while the victim is temporarily disabled, the statute of limitations will not start to run until his or her disability is removed.
- If the at-fault party moves out of the state before the victim files a personal injury lawsuit, the non-residency period is not typically counted as part of the statute of limitations. Therefore, the clock will not run during that period.
- If the responsible party has concealed his or her liability from the victim, the statute of limitations typically does not begin to run until the concealment ends and liability is discovered.
- If the at-fault party is incarcerated, the statute of limitations may be put on hold while the person is in custody.
Contact Indiana Lawyers Now
You may be entitled to compensation if you have been injured, but you must file a personal injury lawsuit within the corresponding statute of limitations. If you fail to do so within this timeframe, you may lose your right to recover the compensation entitled to you.
Contact our Indiana personal injury lawyers now to learn about the statutes of limitations that apply to your case. The team at Pfeifer, Morgan & Stesiak can help you pursue the compensation you deserve and ensure your case is filed by the applicable deadline to protect your interests.
Schedule a free, no-obligation case consultation. Our firm works on contingency, meaning you will only owe legal costs if we recover compensation for your injuries and loss.