Guide to Personal Injury Statute of Limitations

From the moment you’re injured in an accident, a clock starts ticking.

It’s a race against your state’s statute of limitations, or the period of time you have to file a personal injury lawsuit before it is no longer valid. Statutes of limitations vary by state, ranging from one to six years.

This may sound like a long time, but it’s not.

That is why it’s critical that, after you’re injured in a wreck, you contact a personal injury attorney as soon as possible.

What Are Personal Injury Statutes of Limitations?

Statutes of limitations in personal injury lawsuits have a few purposes. They establish a window within which an injured person must file a lawsuit (if they choose to do so). The longest personal injury statute of limitations in the U.S. is six years and can be found in Maine and North Dakota. Other states give victims less time to file suit. Why?

Unfortunately, negligence and recklessness cause injuries every day. Statutes of limitation bring some certainty to claims by cutting off possible claims after a certain date. Once the time period passes, most claims end, terminating future exposure.

Plaintiffs have the burden of proof, meaning they must prove that someone else is liable for the injury they experienced. Ensuring that lawsuits are filed only for recent accidents helps cases progress more smoothly.

Imagine someone is hurt in an accident. Perhaps there are witnesses or security cameras nearby. If the injured person waits a decade to pursue compensation, that evidence might be gone. Attorneys might not be able to contact witnesses. There’s no guarantee the witnesses remember the accident accurately. The video footage will have been deleted by then.

The longer you wait after an accident to file suit, the more difficult it becomes to establish fault.

What is the Statute of Limitations in My State?

Each state has its own statute of limitations. Remember, you need to check the statute of limitations for whichever state you’re injured in. If you live in Alabama but are struck by a semi-truck on an Indiana interstate, the Indiana laws are the ones you’ll need to follow.

Craig, Kelley & Faultless represents clients anywhere in the United States and has lawyers licensed to practice in seven states. Here are the statutes for each.

• Indiana, two years
• Missouri, five years
• Iowa, two years
• Kentucky, one year (or two, in the case of an auto accident)
• Ohio, two years
• Tennessee, one year
• Illinois, two years

Personal Injury Statute of Limitations Exceptions

In certain cases, the deadline by which plaintiffs must file suit can be extended. This is also known as “tolling.”

Minors and Mentally Incapacitated Individuals

Someone who is underage or considered mentally incapacitated may receive an extension. Their statute of limitations will be tolled until they are old enough to file suit or are deemed mentally fit.

Illinois, Indiana, Iowa, Kentucky, Ohio and Tennessee (among others) are states that postpone the running of the statute of limitations until the injured minor turns 18. In some states, like Missouri, the injured party is considered a minor until they turn 21.

Each of these states allow tolling of the statute of limitations until a mentally incapacitated person is deemed competent, regains capacity, or their disability status is removed.

Do I Need a Personal Injury Attorney?

If you have been injured because of someone else’s recklessness or negligence, you should look for a personal injury attorney. This is relevant if your accident:

• Causes you severe pain
• Alters your ability to enjoy life by preventing you from playing with your children, engaging in hobbies or taking proper care of yourself
• Prevents you from working or limits the types of jobs you can do
• Leads to emotional distress and/or PTSD
• Involves serious physical injuries, such as broken bones, burns, traumatic brain injury, paralysis, or other conditions
• Leads to the death of a loved one

Clients come to Craig, Kelley & Faultless with traumatic injuries or mourning the loss of a loved one. They are overwhelmed by medical bills, physical therapy, thousands of dollars in property damage, and lost wages.

If you find yourself in a situation like this, you should reach out to a qualified personal injury or wrongful death attorney.

How Soon After an Accident Should I Call a Lawyer?

If you have been in a crash with a semi tractor-trailer, 18-wheeler, dump truck, oversize load or another big rig, you must call a lawyer as soon as possible. Seek out an experienced truck accident attorney who has received board certification from the National Board of Trial Advocacy.

It is necessary that you call a lawyer soon after the wreck so that they can preserve evidence. Your attorney’s team of experts will investigate the scene of the wreck, the vehicles involved, and any other factors that could have influenced the accident.

Truck Accident Attorneys Near You

Craig, Kelley & Faultless is a personal injury and wrongful death law firm headquartered in Indianapolis. Our firm represents the victims of commercial motor vehicle wrecks throughout the United States. It has lawyers licensed in several states: Indiana, Illinois, Kentucky, Ohio, Missouri, Iowa and Tennessee.

If you have been injured and have a question about your state’s statute of limitations or whether you can file a lawsuit, contact our team today.

Reach Craig, Kelley & Faultless at (800) 746-0226 or with the online form.

David W. Craig is a nationally recognized truck accident lawyer who sits on the Board of Regents of the Academy of Truck Accident Attorneys (which requires the board-certification by the National Board of Trial Advocacy, accredited by the American Bar Association in truck accident law). He is the managing partner and one of the founding partners of Craig, Kelley & Faultless LLC. He is recognized as a Top 10 Trucking Trial Lawyer and Top 100 Trial Lawyer in Indiana by the National Trial Lawyers, as well as a Top 50 Indiana lawyer by Super Lawyers. He was the recipient of the National Thurgood Marshall “Fighting for Justice” Award for his work helping victims of truck wrecks. David is the author of Semitruck Wreck, A Guide for Victims and Their Families, written to help people navigate a terrible situation by answering questions that come after a tragic wreck. He also hosts the podcast After the Crash, where you can gain valuable information about the dangers involving semis and large trucks that do not follow Indiana law safety protocol regarding speed, weather conditions, maintenance upkeep, etc.