Each state has laws that dictate when people can file a lawsuit in court. They're known as the "statutes of limitations." These rules are strictly enforced but may change based on several factors, including the type of claim filed. However, there will always be a deadline.
After a slip-and-fall accident caused by someone else's negligence, for example, victims are entitled to build a personal injury case and take legal action against the responsible party to seek compensation for the harm they suffered. Schuerger Shunnarah Trial Attorneys can help answer exactly What is the slip and fall law in Indiana?
However, injured people should file the claim before the statute of limitations expires. Otherwise, they may miss out on the chance to get remuneration for their injuries and pain and suffering.
The Indiana Statute of Limitations
Essentially, the statute of limitations is a deadline or rule that limits the amount of time that can pass from the time the injury or the underlying accident occurred until victims lose their right to pursue legal action.
All civil lawsuits in Indiana are governed by the statutes of limitations, which is two years for the following cases:
Personal injury
Property damage
Legal malpractice
Medical malpractice
Premises liability
Wrongful death
In wrongful death cases, the two-year statute of limitations starts to run from the date of the decedent's passing.
The Indiana Personal Injury Statute of Limitations
As mentioned, Indiana laws state that personal injury claims must be filed within two years of the date of the injury or the underlying accident. This applies to the following cases:
Car accidents
Slip-and-fall accidents
Dog bites
Pedestrian injuries
Motorcycle accidents
Bicycle accidents
Other accidents caused by someone else's negligence
Why States Set Statutes of Limitations?
Statutes of limitations exist because they're intended to offer defendants an opportunity to move on if a great deal of time has passed since the accident occurred. This time limit means they won't have to worry about whether they'll be sued or arrested many years after the incident. Additionally, it encourages plaintiffs in civil cases to act with due diligence.
Plus, the statute of limitations reduces the risk of crucial evidence being destroyed or lost, which often occurs if too much time elapses between victims sustaining the injury and filing a lawsuit.
The more time passes, the more difficult it is to determine the facts of a personal injury case. Therefore, statutes of limitations protect both parties and promote justice.
Can the Indiana Statute of Limitations Be Tolled?
As explained earlier, the statute of limitations for most personal injury cases begins when the injury or negligent act occurs. However, this time limit can be tolled under certain circumstances.
The Discovery Rule
The discovery rule applies to many Indiana personal injury lawsuits under certain circumstances. That means the statute of limitations doesn't start to run from the time the accident occurs but from the date a person discovered or reasonably should have discovered that they had sustained an injury.
This exception is common in medical malpractice cases, for example. However, two other rules affect this time limit.
First, raising the two-year as a defense is prohibited in cases involving a medical professional who committed an act of deception if it prevented the patient from recovering from the injury caused by their negligence within the time limit.
The second rule says that the statute of limitations won't start to run until the medical professionals' continuing conduct ends if their negligence was part of a continuing course of conduct.
Legal Disabilities
Although these exceptions are rare, the statute of limitations can also be tolled if the person entitled to file the personal injury claim is considered to be legally disabled. This typically includes minors and individuals with emotional or physical disabilities.
When the person who can bring the personal injury lawsuit is legally disabled, the time limit is tolled until there's no legal disability. In other words, the statute of limitations begins on the date they turn 18 or are no longer considered emotionally or physically disabled.
Cases Against a Government Entity
The statute of limitations for people planning to file personal injury lawsuits against government entities is also different. In these cases, individuals have less than the typical two-year limit.
When the case involves a government entity, injured parties have anywhere from 180 to 270 days to file a personal injury lawsuit. This period varies depending on who they're bringing the legal action against.
Additionally, people who want to take legal action against a government entity must file a notice of claim no later than six months after the cause of action arises. Schuerger Shunnarah Trial Attorneys can explain how slips trips and falls can lead to litigation.
What Happens If a Person Doesn't File The Personal Injury Lawsuit Before the Statute of Limitation Expires?
Although there are some exceptions, more often than not, people who exceed the statute of limitations for a case involving a slip-and-fall incident, car accident, dog bite, or other type of personal injury claim will lose their right to bring legal action against the responsible party and seek compensation. Therefore, victims should always act as quickly as possible.
What to Do After a Slip-and-Fall Accident
All personal injury cases are complex, especially when there's a legal deadline in place. However, victims can always fight for their rights and hold at-fault parties accountable for their actions.
Additionally, a person who sustained an injury due to someone else's negligence may seek compensation to pay for their lost wages, medical bills, and related expenses.
However, it's important to bring legal action against the responsible party within the time limit. Therefore, injured parties should always have a seasoned personal injury attorney at their side.
What A Personal Injury Lawyer Can Do for Victims
A professional attorney can help people know the statute of limitations for their cases and determine if an exception is available. Also, Indianapolis slip and fall lawyers will guide victims through the legal process, gathering evidence, negotiating a fair settlement with the other party's insurance company, or building a solid claim to recover the compensation they deserve.
Contact Schuerger Shunnarah Trial Attorneys Today!
At Schuerger Shunnarah Trial Attorneys, we're willing to help people who have sustained a slip-and-fall injury fight for their rights and hold at-fault parties accountable for the damages they caused. Additionally, we'll guide victims as they build their cases and file a claim within the statute of limitations or find a way to extend this time limit if necessary. Contact us today!