Health

How Long Do You Get to File a Lawsuit For Personal Injury in Indiana?

The two-year statute of limitations in Indiana applies to cases involving personal injuries. This implies that if a victim waits longer than two years after the accident or injury to bring a personal injury lawsuit, their claim could be rejected without a hearing.

Before bringing any kind of legal action in Indiana, you must know the applicable statute of limitations. The statute of limitations establishes a deadline before an action loses its ability to be pursued. A statute of limitations applies to criminal proceedings as well.

In addition to making sure that certain formalities are followed in your case, an attorney can counsel you about how much time is left to file your claim. Since timing is crucial, be sure to get in touch with a personal injury lawyer in Fort Wayne.

What Are Indiana’s Civil Case Statutes of Limitations?

People bring civil lawsuits in order to obtain monetary damages restitution. Criminal cases are unrelated to and independent of these litigations. They are, therefore, subject to a different set of limitation periods. The relevant civil actions have statutes of limitations in Indiana:

  • Accidental: 2 years
  • Unjustified death: 2 years
  • Damage to the property: 2 years
  • Liability for premises: 2 years
  • Criminal offense: 2 years
  • 2 years for medical malpractice.
  • The majority of the time, the statute of limitations begins to run as soon as the cause of action arises.

It may begin to run on the day a person is injured or, as in medical malpractice cases, the day that a negligent act results in harm.

The limitation period begins to run in wrongful death lawsuits at the time of the victim’s passing.

Why Are There Statutes of Limitations?

There are statutes of limitations for a number of reasons, such as:

  • They shield defendants from worrying about being sued or detained after a long period of time has elapsed. Fairness is an issue here.
  • They lessen the possibility that potentially significant proof in a case may be misplaced or eliminated, which is much more likely to occur after an excessive amount of time has elapsed. Furthermore, participants and prospective witnesses’ memory will deteriorate with time.
  • They compel attorneys in criminal cases and litigants in civil cases to exercise due diligence.

The details of a case can easily become hazy and difficult to ascertain after many years have passed. Therefore, statutes of limitations contribute to everyone’s protection in both civil and criminal matters. In the end, they advance the goals of justice.

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