Almost 1,000 personal injury cases are filed in Indiana each year, according to a 2023 study. The same study found that nearly 17% of all annual court cases filed in the Sooner State involve personal injury claims. That number could be even higher if not for the personal injury statute of limitations in Indiana.
Under Indiana law, those wishing to file personal injury lawsuits must do so within a specific filing timeframe. If they miss filing deadlines by even a day, it could lead to their personal injury accident claims being dismissed.
Are you considering filing a personal injury lawsuit in Indiana? Below, you can learn more about the legal timeframe for such cases.
The Statute of Limitations for Indiana Personal Injury Cases
Like many other states, Indiana doesn’t allow residents to file personal injury cases whenever they feel like it. Instead, the statute of limitations in Indiana is just two years from the date when people suffer personal injuries.
If, for example, you were involved in a car accident on January 1, 2023, you’ll have until January 1, 2025, to file a personal injury claim against another driver. If you don’t do it until January 2, 2025, it might not seem like a big deal. However, the statute of limitations in Indiana will have run out in your case, leading to you missing your personal injury claim expiration date.
In this instance, the likelihood of a judge allowing your personal injury case to move forward will stand at “slim to none.” You’ll no longer maintain the right to file a claim and put yourself in a position to collect compensation to cover costs like medical bills stemming from your car crash.
Exceptions to the Statute of Limitations for Indiana Personal Injury Cases
If you don’t file a personal injury lawsuit in Indiana within two years, you might find yourself out of luck. But it’s worth noting that there are several exceptions to the statute of limitations in Indiana when it comes to personal injury cases.
For instance, you might have the chance to proceed with a personal injury case even after missing the statute of limitations if:
- You can prove the defendant in your case willfully withheld important information from you or engaged in an act of fraud to avoid legal proceedings.
- You discover a reason to file a personal injury case long after an incident took place (e.g., a surgeon left a medical tool inside you during surgery in January 2023, but you didn’t discover this was the case until you underwent another medical procedure in January 2024).
- You attempt to file a lawsuit against someone who left Indiana following an accident and became a non-resident before moving back to the state.
How To Avoid Missing the Statute of Limitations in Indiana for a Personal Injury Case
From the moment you decide to take legal action in a personal injury case, you should start working closely with an experienced lawyer who knows the ins and outs of the statute of limitations in Indiana. They can help you avoid missing important filing deadlines and ensure a judge doesn’t dismiss your case because of it.
A trusted personal injury lawyer can also look into whether any exceptions might apply to your personal injury lawsuit. This could extend the statute of limitations in Indiana and make filing your lawsuit easier.
Call Us for Help With an Indiana Personal Injury Case
Do you want to learn more about the statute of limitations in Indiana and how it could impact a personal injury case you wish to file? Call Tabor Law Firm at 317-236-9000 or fill out this brief form to schedule a consultation.
