If you suffer a serious injury through someone else’s negligence in the Hoosier State, you have the right to file suit against them and seek civil restitution for the losses they have caused you. However, state law also sets a strict time limit on how long you have to formally start the litigation process after being hurt in this way. Depending on who you name as the defendant(s) in your claim, you may have a much shorter deadline than most other people pursuing cases like this.
The Merrillville bus accident statute of limitations changes primarily based on whether you were hurt through the misconduct of a private worker or employee, or through the negligence of a public transit agency or other government entity. Here is a brief overview of what deadlines typically apply in both scenarios, as well as how our talented bus accident attorneys here at The Law Offices of David W. Holub could help you efficiently build the strongest possible claim.
What Is the Filing Deadline for a Commercial Bus Crash Lawsuit?
If you get hurt through the reckless or careless actions of a private individual, an employee of a private company, or the actions of a company or corporation as a whole, Indiana Code §34-11-2-4 gives you a maximum of two years to file suit after you first have a cause of action to sue. This is the statute of limitations for virtually all personal injury claims in the state, and it is broadly consistent with the deadlines set by other states for claims of this nature.
Notably, the cause of action for a claim over a Merrillville bus accident is typically negligence, so the two-year filing period set by the statute of limitations usually starts on the day of your actual accident. However, there are certain circumstances under which the starting point for this filing period may be pushed back, or tolled, for a certain period of time, as a member of our team could further explain during a private initial meeting.
Unique Time Limits for Public Bus Injury Claims
If you get hurt in a bus crash in Merrillville due to the misconduct of a public transit employee or any other government agency, the standard statute of limitations is not the only deadline you need to know about. Under the Indiana Tort Claims Act, if the people or entities who will be named as defendants in your claim are employees or agencies of a city, county, or other political subdivision, you must submit written notice of your intent to sue no more than 180 days after your accident.
For claims against state employees or agencies, the deadline for submitting a notice of intent is 270 days from the date of the accident. However, this typically is not relevant to bus accident claims, since public transit systems in Indiana are generally run at the local level rather than the state level.
Discuss the Bus Accident Statute of Limitations With a Merrillville Attorney
Importantly, the deadlines set by the Merrillville bus accident statute of limitations and the Indiana Tort Claims Act only determine when you need to start filing suit or give notice of intent to sue, not when you need to reach a settlement offer or resolve your claim in civil court. However, if you fail to sue within applicable deadlines, you will have virtually no chance of obtaining a fair settlement offer out of court, since the party that would be settling with you would have no reason to fear a lawsuit if they refuse to negotiate in good faith.
Building a comprehensive claim within procedural time limits is much easier with a seasoned bus accident lawyer on your side. Contact The Law Offices of David W. Holub today to discuss your potential case during a free consultation.