There’s a good reason why people should contact an attorney and file a lawsuit as quickly as possible. Contrary to popular opinion, accident victims do not have an infinite amount of time to bring a lawsuit to recover damages for their injuries and other losses.
A legal concept known as the statute of limitations governs how long accident victims must file a lawsuit after an incident occurs.
Defendants are safeguarded by statutes of limitations, which state how long plaintiffs must file a claim after a legal wrong has been committed. There may be distinctions between civil and criminal law, between states, and even within cases.
Who Can File an Auto Accident Claim?
A person hurt or who suffered material damages because of an automobile accident in Indiana can bring a lawsuit against the person or entity at fault, or the insurance company of the person at fault, under Indiana law. In general, this would include the following groups of people:
- Victims of the collision, be they passengers, drivers, pedestrians, or bikers.
- Direct relatives of victims of a deadly crash
If you want to know if you have a valid claim and a chance at a fair settlement, you should hire a personal injury lawyer in Indianapolis. They will analyze your situation, establish liability, build a case (including witness testimonies and the use of experts), and negotiate with the at-fault party’s insurer or attorneys to obtain the compensation you deserve.
When an Indiana Driver Sustains Injuries in a Car Crash, How Long do they Have to File a Lawsuit?
The statute of limitations is the time restriction in each state’s civil court system during which an individual must file a case for damages after an injury. For example, Indiana’s personal injury and auto accident claims are time-barred after two years. In most cases, the two-year period will commence on the day of the accident.
The two-year rule sometimes needs to be fixed. When a juvenile sustains injuries in a car accident, for instance, they cannot bring a case until they are 18; at that point, the statute of limitations will begin to run. In addition, there is a strict time limit of only 180 days to submit a formal claim for damages against a municipality or county in case of an accident involving personal injury. The statute of limitations for filing a lawsuit against a state government agency is 270 days.
Filing a personal injury claim and obtaining compensation depends on:
- The injury: Injured motorists in Indiana can file a claim for financial compensation under the state’s tort law. Everyone from drivers and passengers to bikers and skateboarders to pedestrians can fall into this category. In addition, a child’s parents have the right to file a personal injury claim on their behalf if the child was hurt as a pedestrian or passenger. Pain and suffering, the cost of lifelong incapacity, the loss of a partner, and the inability to earn a living as an adult are all possible forms of compensation in such instances.
- The harm is done to property: A victim of an accident has two years from the date of the incident to file a claim for compensation for property damage. Damages to a person’s vehicle, home, yard, and the contents of the crashed car or other goods lost in the crash can be compensated by the court.
- Unjustified fatality: When someone dies in an accident in Indiana, their family members have two years to file a wrongful death suit. However, the two-year time frame for submitting a claim begins on the day of the accident victim’s death rather than the date, giving surviving family members more time to grieve.
Preventing Insurance Companies from Delaying Payment
Insurance companies are the source of trouble with the Indiana statute of limitations. They have a bad reputation for paying out on personal injury claims filed in the state of Indiana.
Remember that the insurance company is more interested in minimizing the money it must pay on your claim to keep the insurance company (their boss) happy. Having the assistance of a skilled personal injury attorney in Indianapolis can be very beneficial as you try to figure out what to do next.
The emotional, bodily, and monetary harm caused by automobile collisions can be devastating. If you or a loved one has been negatively affected by the carelessness of another individual, filing a personal injury lawsuit can help you get the compensation you deserve. In addition, you can get free advice from seasoned car accident lawyers in your state.