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How Long Do I Have to File an Indiana Personal Injury Claim?

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How Long Do I Have to File an Indiana Personal Injury Claim?

When you or a loved one is hurt due to someone else’s negligence, you are likely seeking compensation for the suffering you endured. An attorney makes it possible to receive monetary compensation for emotional and physical injuries caused by a car accident, dog bite, construction accident and other incidents by filing a claim. However, you are only able to file a claim for a certain amount of time, which is known as a statute of limitations. Generally, Indiana personal injury claims need to be filed within two years. 

An attorney can help you understand how this statute of limitations impacts your case. Call the Law Offices of Shane O’Donnell today. 

Exceptions to Indiana’s Personal Injury Statute of Limitations

Personal injury claims must be filed within two years of the date of the accident. However, there are several exceptions that may provide additional time to file, depending on your exact circumstances. 

  • Legal Disabilities. If the person filing a claim has an injury defined as a “legal disability,” then the statute of limitations for their situation will not begin until the disability has ended. For example, if the injured person is mentally incapacitated, the disability is removed after their competence is restored. Once this occurs, the person has two years to file their lawsuit. Your attorney can help you determine if your legal disability will affect your case’s statute of limitations. 
  • Nonresidence. If the responsible individual leaves Indiana and becomes a nonresident before the case is filed, this period does not contribute to the two-year statute of limitations period. One exception to this rule is if the responsible party maintains an agent for service of process in Indiana.
  • Concealment. Sometimes, the responsible party tries to hide their liability for your injuries. If this occurs, the statute of limitations does not run until the concealment has ended and the facts are discovered. 

Indiana Tort Claim Notice

Indiana provides a state tort claim notice requirement aside from any other applicable statute of limitations for governmental entities at fault. This notice must contain the following requirements: 

  • The circumstances that lead to the loss,
  • The loss’s extent,
  • The time and location of the event, 
  • If known, the names of all individuals involved, 
  • The amount in damages sought, 
  • The residence of the individual filing the claim at the incident and at the time of filing a notice. 

If one is filing a claim against a political subdivision, one must do so within 180 days after the date of the incident. When filing against the State, they have 270 days to file with the attorney general or state agency.  

Contact a Personal Injury Attorney to See How We Can Help

Filing for a personal injury claim can be complicated, especially in the aftermath of an injury. The Law Offices of Shane O’Donnell are ready to provide the guidance you need. Call now to discuss your case. 

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