How Much Time Do I Have to File a Claim? 

Dec 25

When you have a personal injury claim, you do not have endless time to initiate the process in court. You cannot let too much time go by without filing a claim or you may not get the opportunity to pursue the compensation and legal relief you deserve. 

The best thing you can do is consult an Indiana personal injury attorney as soon as possible. 

 

Statute of Limitations 

Every state has a different statute of limitations that prevents one from filing a personal injury claim in civil court after a certain amount of time has passed. There are also different limitations depending on the type of legal claim. In most circumstances, the Indiana Statute of Limitations to file a personal injury claim is two years from the date of injury.

There are possible exceptions to the general Indiana statute of limitations, which can extend the amount of time to file a claim. The statute of limitations might be extended based on age, disability, incapacity, or other compound circumstances.

Speaking to a personal injury attorney is the best way to ensure that you are filing your personal injury claim within the statute of limitations. 

 

Insurance Claims

Insurance companies all have their deadlines for when a claim should be filed with them. You will need to check your policy to be sure that you’re filing a claim within their required deadlines. However, because of the statute of limitations, you will still need to file your insurance claim within that period. 

The time it takes for an insurance claim to be processed can vary depending on a multitude of circumstances. If you’ve gone through the insurance claim process and you need to take legal action, you must remember to do so as soon as you can. Insurance companies are aware of the statute of limitations and you will not be able to pursue a case after the deadline has passed. 

 

Why a Statute of Limitations?

It may not be clear as to why there is a statute of limitations at all when it comes to personal injury cases. It is there to ensure that both the plaintiff’s and the defendant’s rights are protected. 

The statute of limitations is beneficial for the defendant as it prevents claims from being brought upon them many years after the incident occurred. The defendant has the right to not have the prospect of a claim coming out against them or being sued long after the incident has passed, particularly because evidence may disappear or become inaccessible over a long period of time. Witnesses will have an easier time remembering what happened when an injury was recent rather than multiple years after the incident occurred. This may also be a benefit to the plaintiff and can prevent confusion in their case. 

 

Talk to an Indiana Personal Injury Attorney Today

We suggest discussing your personal injury case with one of our experienced attorneys at Blackburn Romey. Please contact us online to set up your free consultation. 

 

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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