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What Is the Statute of Limitations for Personal Injury Cases?

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Injury Attorneys | Restoring LivesTM

Updated February 20, 2020 | Personal Injury |

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If you or someone you care about has been injured, the last thing you want to worry about is a time limit on legal action. Unfortunately, the reality is that every state has strict deadlines that you must follow if you want to seek compensation for damages.

What are Statutes of Limitations?

Every state has a set of laws dictating when you can file lawsuits in court. These deadlines are called statutes of limitations, and they are strictly-enforced.

Statutes of limitations differ among states, but they also change based on the type of claim you are filing. For example, personal injury cases and rent collection claims might have completely different deadlines.

When does the Clock Start Ticking?

The strict deadlines for filing personal injury cases can cover a wide range, often from one to six years, and the clock starts ticking on the date of the underlying accident. If you file a lawsuit after the statute of limitations expires, your case will probably be dismissed.

Indiana’s Statute of Limitations

According to Indiana Code section 34-11-2-4, Indiana’s statute of limitations for personal injury cases is set at two years, meaning you have two years from the day of your accident to file the initial court documentation.

Exceptions for Legal Disabilities

While rare, exceptions to statutes of limitations exist. One example involves legal disability. People considered to be legally disabled—including those under eighteen years of age as well as those physically or emotionally disabled—have a different start date to their two-year deadline. Specifically, the statute of limitations begins on the date the legal disability status is removed.

How quickly should you act after an Injury?

With legal deadlines in place, it’s crucial that you act quickly after you have been injured due to someone’s negligence. The clock starts ticking immediately, and you need every minute to build an effective case. Seek medical attention, collect evidence where possible, and contact an attorney.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured and are considering pursuing a personal injury lawsuit, contact an Indianapolis personal injury lawyer from Wilson Kehoe Winingham. The lawyers at WKW can help you get the compensation you deserve.

Call 317.920.6400 or fill out an online contact form for a free, no-obligation case evaluation.

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