When you are injured in a car crash, you have a limited time to file a lawsuit seeking compensation for your injuries. Although most cases settle before a trial, the threat of a lawsuit provides a powerful incentive for insurance companies to offer reasonable compensation.
The laws that set time limits on lawsuits are called statutes of limitation. The deadlines can differ based on various factors. The wisest strategy is to consult an auto collision attorney at the Law Offices of David W. Holub as soon as possible after a crash. They could explain the Merrillville car accident statute of limitations that applies in your case and take the necessary steps to preserve your right to sue.
Indiana Code § 34-11-2-4 sets the statute of limitations for personal injury lawsuits at two years from the date of the accident, although there can be shorter timelines in play depending on who the defendant is. A judge will dismiss the case regardless of merit if an injured person does not file a lawsuit within that timeframe.
Delays risk the loss of evidence, and the responsible parties might move out of jurisdiction or go bankrupt. A car crash attorney could help file a lawsuit within the statute of limitations deadline and negotiate a settlement.
Strict Time Limits Apply to Claims Against the Government
People injured in car accidents often have claims against the state or local government. In these cases, they must notify the appropriate government office before they can pursue a claim. Failing to provide the notice can extinguish the injured person’s claim.
A unit of government could be liable when a collision involves a city bus, school bus, garbage truck, snowplow, or some other vehicle owned or operated by a government entity. Other circumstances that could indicate government liability include:
- Wrecks involving the police, fire department, or other emergency responders
- The at-fault driver was a public employee on the clock
- Poor road design or maintenance was a factor in the crash
- Improperly placed or malfunctioning traffic control devices contributed to the accident
According to Indiana Code § 34-13-3-8, when an injured person has a claim against a local government entity, they must submit a notice of claim within 180 days of the incident. When the claim is against the state or a state agency, the claimant has 270 days to file the notice, under Indiana Code § 34-13-3-6. The injured person may lose the right to pursue the claim when the responsible office or agency does not receive the notice within the appropriate timeframe.
A Merrillville car collision lawyer could investigate whether a government entity may be fully or partially responsible for the accident and navigate the statute of limitations on a client’s behalf.
Tolling the Statute of Limitations
Some circumstances stop the clock on the statute of limitations, called tolling. One example of tolling relates to a person under a legal disability at the time of the injury incident—such a person may bring a lawsuit within two years after the disability is removed, per Indiana Code § 34-11-6-1. For example, suppose a person may be in a coma or mentally incapacitated after a crash. The statute of limitations tolls while a disability exists; however, in situations like this, it may make more sense to appoint a guardian who can pursue the lawsuit on the disabled person’s behalf.
Work With a Car Accident Attorney in Merrillville to Understand the Statute of Limitations
The Merrillville car accident statutes of limitations provide certainty and help the judicial process to operate more efficiently. However, these laws can produce harsh results when injured people do not act promptly.
When you were involved in a car crash, delaying a consultation with an attorney could halt your case before you begin. Preserve your right to sue by contacting the Law Offices of David W. Holub as soon as possible after a collision.