If you or a loved one has been injured in an accident that occurred due to another person or entity’s wrongdoing or negligence, you probably have many questions. One of the most urgent questions is this: how long do you have to file a personal injury claim under the Indiana personal injury statute of limitations?
How Long Is the Indiana Personal Injury Statute of Limitations?
To cut a long story short, the Indiana personal injury statute of limitations is two years. Indiana Code § 34-11-2-4 states that an action for injury to person or character or to personal property must begin within two years after the injury occurs. For example, in Indiana, if you have been in a car accident that injured your back, you have two years from the date of the accident to file a lawsuit for your back injury. This time frame is called a statute of limitations, and each state places different time frames on various types of causes of action.
What is a Statute of Limitations?
A statute of limitations is a time limit that a plaintiff has to file a lawsuit against the individual, company, or other entity that caused the harm. Each state establishes various time limits for filing a complaint seeking damages based on certain types of issues, such as injury to person or personal property, fraud, and employment-related actions.
For example, if you were in a car accident that did not seem to cause any injury, but then you later develop serious back pain that can be tied to the accident, the law In Indiana protects you by providing a two-year window from the date you discovered your injury to file a lawsuit to seek damages from the individual or entity at fault for the injury. However, if more than two years have passed since you discovered your injury, you will not be permitted to file an Indiana personal injury claim.
What is a Personal Injury?
A personal injury can range from minor burns to a serious brain injury. A typical personal injury case includes an injury from a car accident, medical malpractice, or other forms of negligence or wrongful action by another. Depending on the situation, you might be able to recover damages for your injury. Monetary damages may be awarded for the wrongful injury that you suffered, such as the cost of medical bills and loss of income due to your injury.
If the back injury from a car accident caused you to miss work and accrue hefty medical bills to treat your injury, the court may award you damages for your medical bills and for the days you were not able to come to work. Courts will sometimes award compensation for pain and suffering, or other emotional injuries, and, in some cases, can also impose punitive damages that are intended solely for the purpose of punishing the person or organization that caused the injury or loss.
Indiana’s personal injury laws are in place to help you when you have been wrongfully harmed and compensate you for what you’ve lost in independence, freedom, and savings.
How a Hamilton County Personal Injury Attorney Can Help
If you live in the Hamilton County or greater Indianapolis area, the best way to make sure your Indiana personal injury claim is filed before the statute of limitations runs out is to contact a Hamilton County personal injury attorney. An attorney will guide you through the legal process and make sure that you do not miss your opportunity to state your claim for compensation. If you have been injured, a personal injury attorney from Camden & Meridew, P.C. can help you file a personal injury lawsuit. We can help determine who was at fault, interview witnesses, get accident reports and medical records, and work to get you compensated for your injury. If you or a loved one has suffered an injury and you want to inquire about how the Indiana personal injury statute of limitations impacts your claim, reach out to us today. Contact a Hamilton County personal injury attorney at Camden & Meridew, P.C. through our online contact form or call 317-770-0000 to set up an initial consultation. We are happy to help!