Statute of Limitations for Truck Accident Lawsuits in Indiana
Were you hurt in a truck accident in Indiana that was someone else’s fault? You should not have to cover the accident-related costs. You can file a claim or lawsuit against the at-fault party to seek the compensation you deserve. But did you know there are deadlines for filing truck accident lawsuits in Indiana?
In most situations, the statute of limitations for a personal injury claim in Indiana is just two years from the date of the accident.
The Indiana truck accident lawyers of Craig, Kelley & Faultless LLC have decades of experience representing injured people in Indiana. We understand the Indiana truck accident statute of limitations and how it applies in every case.
Do not let a missed deadline take away your chance to recover money from the party that harmed you. Contact our office today for a free consultation about how our personal injury lawyers can help.
What Is the Statute of Limitations for Truck Accident Lawsuits in Indiana?
People who got hurt in truck accidents can pursue compensation for their accident-related injuries and losses through a lawsuit filed against the at-fault parties and their insurers. The Indiana personal injury lawsuit deadline is established in the statute of limitations.
Indiana law allows people who were injured by someone else to file a lawsuit against the at-fault party within two years of the date the accident occurred.
How Long Do You Have to File a Truck Accident Claim in Indiana?
The general truck accident lawsuit time limit in Indiana is two years from the date of the accident. If the accident resulted in a death, the Indiana wrongful death statute of limitations allows the surviving family two years from the date of death to file a wrongful death lawsuit.
If the at-fault party is a government entity, the law requires notice within 180 days if the defendant is a local governmental body, or 270 days if the case is against a state agency.
How Does Indiana’s Statute of Limitations Affect Your Compensation?
The two-year statute of limitations significantly affects your compensation. If you miss the statutory deadline, you will lose the right to seek compensation through the court system. If you file your lawsuit late, the court will most likely dismiss your case without hearing it, regardless of how strong your claim would be otherwise.
If that happens, you will lose your best leverage against the insurance company. Without the threat of going to court, the insurance company is unlikely to increase its settlement offer.
Are There Exceptions to Indiana’s Truck Accident Statute of Limitations?
Yes, some potential exceptions could extend the deadline. Examples include the following:
- If a minor is injured, the statute of limitations clock is tolled, or paused, until they turn 18. They have two years from the date they come of age to file a lawsuit against the party that harmed them.
- If the injured person is mentally incapacitated at the time of the accident, the statute is tolled until they recover from their legal disability and regain capacity.
- If the at-fault party leaves the state before the injured party files a lawsuit, the statutory period does not begin to run until the at-fault party returns.
Another exception involves the discovery rule in personal injury cases. The discovery rule allows the statutory period to begin when the injured person discovers or reasonably should have discovered that someone else’s wrongful act caused them injury. The discovery rule allows the filing period to begin on the date of discovery, but it cannot extend beyond four years from the date of the act that caused the injury.
What Should You Do Before the Statute of Limitations Expires in Indiana?
When you have been injured in a truck accident in Indiana, you should take certain steps to protect your health and your claim before the deadline set in the statute of limitations passes. You should:
- Immediately get medical treatment.
- Follow your doctor’s treatment plan and attend all follow-up appointments.
- Contact our Indiana truck accident lawyers right away so we can handle the insurance company and file any claims or lawsuits.
- Stay off social media and ask your friends and family not to discuss the accident or your injuries online.
- Keep copies of every document related to your medical care or any expenses you have because of the accident.
- Maintain a daily journal in which you record your pain levels, how the accident affects your activities of daily living, and keep a record of your medical appointments, prescriptions, physical therapy, and anything else related to your health.
- Do not give any insurance company a recorded statement without first speaking with an attorney.
- Do not accept any settlement offer until a lawyer reviews it.
- Ask your attorney to confirm the date the statute of limitations period expires in your case.
How Can a Lawyer Help You Meet Indiana’s Truck Accident Filing Deadline?
Craig, Kelley & Faultless LLC is an Indianapolis personal injury law firm that has been helping injury victims for over 30 years. We have recovered hundreds of millions of dollars in settlements and awards for our clients in that time. We would like to put our experience and resources to work for you now.
In addition to filing your truck accident case by the deadline, our experienced personal injury attorneys can also handle the following aspects of the legal process for you:
- Investigate the accident
- Identify all potentially liable parties
- Gather evidence to support your claim
- Determine which statutory deadline applies in your case
- Ascertain the policy limits of all applicable insurance policies
- Assess the value of your claim
- Submit a demand letter to the at-fault party’s insurance company
- File a lawsuit well before the statutory deadline to preserve your right to go to trial
- Negotiate for a maximum settlement for you
- Represent you in court if the insurance company will not agree to an adequate settlement offer
Do not try to handle your Indiana truck accident case yourself. You cannot afford to make a mistake with a legal deadline when the stakes are so high. Contact our office today for a free consultation with an experienced Indiana truck accident lawyer.