How Long Do I Have to File a Personal Injury Lawsuit?

A personal injury can be life-changing, leaving you to grapple with both physical and psychological challenges. As a result, you may feel unable to face making a claim immediately. A personal injury lawyer can provide invaluable assistance, but it’s vital to contact one before the deadline expires. Below, we examine the time limits for filing a claim in Dyer, IN along with any applicable exemptions.

How Long Do I Have to File a Personal Injury Lawsuit in Dyer, IN?

The statute of limitations is the legal term used to describe how long you have to file a lawsuit. In Indiana, personal injury claims must usually be filed within two years of the injury occurring.

If your claim is against an Indiana government agency, the deadline is significantly shorter. The Indiana Tort Claims Act takes precedence over the usual rules and only allows 270 days to make a claim. This period is shortened further to 180 days for any claim against a government political subdivision.

What Happens If You Don’t File a Lawsuit in Time?

The statute of limitations applies to the initiation of legal action, not the final resolution. As long as you file your claim within the permitted period, you won’t be time-barred.

If you fail to initiate action within the permitted period, the court may dismiss your case entirely. This means you won’t be able to claim any compensation, even if your injuries are severe. However, there are some exemptions that apply to the statute of limitations. The criteria surrounding these can be complex, so it’s important to talk to a lawyer to see if you qualify.

What Exemptions Apply to the Statute of Limitations in Indiana?

There are some situations where the standard statute of limitations doesn’t apply. Some common exemptions include:

Disability

If a legal disability, such as mental incapacity, prevents you from being able to file a claim, the deadline may be extended until you have sufficiently recovered.

Late Discovery

Some injuries may not be evident until much later, such as with asbestos exposure. In these cases, the statute of limitations begins when you become aware of the injury (or illness).

Minors

If the injured person is a minor, the statute of limitations doesn’t start until they reach 18 years of age.

Concealment or Deception

If vital information was concealed or fraud has occurred, a court may be willing to extend the permitted time.

Non-Residency

If the defendant was an Indiana resident but moves out of the state during the two-year period, the clock will be paused until they return.

Talk to a Personal Injury Lawyer

Although Indiana sets clear deadlines for filing personal injury lawsuits, it’s vital to consult a lawyer before making a decision. Exemptions may apply to your case, which could allow you to file even after the standard deadline has passed.

With more than 100 years of combined experience, we can help with your personal injury claim. Contact our team at Tanzillo Stassin & Babcock P.C in Dyer, IN for a free initial consultation. We proudly serve Northwest Indiana including Dyer, Merrillville, St John, Schererville, and all the surrounding areas. 

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