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When Do I Have to File a Personal Injury Lawsuit 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.

You must be aware of Indiana’s applicable statute of limitations before bringing any kind of legal action. In law, the statute of limitations specifies a deadline by which the case is no longer admissible. Similarly, criminal proceedings are subject to restrictions.

To determine which legal path is best for your situation, you should speak with an experienced Fort Wayne personal injury attorney.

How Long Is the Limitation Period in Civil Cases in Indiana?

Our lawyers at Truitt Law Offices focus solely on personal injury cases, a kind of civil action. People bring civil lawsuits in order to obtain monetary damages restitution. Criminal cases are unrelated to and independent from this litigation. They are, therefore, subject to a different set of statutes of limitations. The following civil actions have statutes of limitations in Indiana:

  • Two years for personal injuries
  • Two years for wrongful death
  • Damage to property: two years
  • Liability for premises: two years
  • two years for legal malpractice
  • Two 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.

Statute of limitations for wrongful death cases begin running at the date of the victim’s death.

What Is the Purpose of 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 evidence in a case may be misplaced or destroyed, which is more likely to occur after an excessive amount of time has elapsed. Furthermore, participants’ and prospective witnesses’ memory will deteriorate with time.
  • They compel prosecutors in criminal cases and plaintiffs in civil cases to exercise due diligence.

After an extended period, a case’s facts may become hazy and difficult to ascertain. Therefore, in both civil and criminal proceedings, statute limitations safeguard all parties. The end goal is to advance justice’s interests.

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