Golitko & Daly

Personal Injury Statutes of Limitations

By Matthew Golitko on June 15, 2019

A judge's gavel and a giant clockAccidents can happen at any time and anywhere. If the accident was caused by another person’s reckless or irresponsible behavior, it’s important that this negligent individual be held accountable. Personal injury lawsuits hold negligent people accountable for their harmful actions, collecting damages for medical bills and other losses associated with the incident.

The Indianapolis, IN lawyers at Golitko & Daly remind clients that they have a window of time in which to file their personal injury lawsuit. This timeframe is known as a statute of limitations. Let’s explain why statutes of limitations exist and what that time limit is in the state of Indiana.

About Statutes of Limitations

A statute of limitations refers to the time limit in which a lawsuit can be filed. Typically this means a certain amount of years from the date of the injury, accident, or harmful incident.

Why Statutes of Limitations Exist

While having a time limit in place for filing lawsuits may not seem fair, it’s actually one of the ways that lawsuits are kept objective and that the system is made to work

Statutes of limitations ensure that any evidence of the incident is still available and can be used in the case; that goes for physical evidence and documentary evidence. Similarly, statutes of limitations also help ensure that witness testimony isn’t negatively impacted by changes in memory over time. This also gives accident and injury victims in Indianapolis time to seek advice from a law firm and find out if their case is worth pursuing.

Indiana’s Statute of Limitation on Personal Injury Lawsuits

In the state of Indiana, injury victims have two years to file their personal injury lawsuit.

Other Indiana Statutes of Limitations for Comparison

For comparison, here are some other statutes of limitations for offenses in the state:

  • Assault - 2 years
  • Medical Malpractice - 2 years
  • Product Liability - 2 years
  • Wrongful Death - 2 years

As you can see, two years is a pretty common statute of limitations for many offenses in the state of Indiana.

Can I File a Lawsuit Once the Statute of Limitations Has Passed?

No.

Once the statute of limitations has passed, you will not be able to file a personal injury lawsuit against the negligent party. Even if there is ample evidence of that negligent party causing or contributing to your injury, you cannot file a lawsuit over the incident that occurred.

Are There Exceptions to the Above?

There may be some exceptions to the two-year statute of limitations for personal injury cases, but these exceptions would only cover extremely rare situations. For the vast majority of people, there will be no exceptions.

Given these facts, it’s extremely important that you schedule a consultation with our Indianapolis personal injury lawyers as soon as possible. Getting the civil process started sooner rather than later will be beneficial to you and your loved ones.

Contact a Personal Injury Lawyer

For more information about your legal options following a serious accident of injury, be sure to contact our team of skilled personal injury attorneys. The team at Golitko & Daly can be reached by phone at (317) 566-9600.

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