After suffering from a car accident, you need to seek immediate medical attention and file a claim or lawsuit against the liable driver. Many Indiana residents fail to file on time because they’re overwhelmed in the aftermath of their accidents. They get so caught up in getting their vehicles repaired and recovering from their injuries that they fail to file before their statute of limitations expires. 

You must file before your statute of limitations expires to recover money for vehicle damages, medical bills, and other expenses related to your car accident. 

For assistance in the filing process, contact the lawyers at Poynter & Bucheri Accident Recovery Attorneys at Law at 1-800-265-9881. We offer no-risk, FREE consultations for car accident injuries and other personal injuries. 

Indiana’s Statute of Limitations After a Car Accident

If you’re planning on filing a personal injury claim or lawsuit in Indiana, you only have a limited time after suffering from the accident, which is called the statute of limitations. When victims fail to file within the designated amount of time, they lose their right to compensation. 

Those who attempt to file a claim or lawsuit after the statute of limitations has expired will likely have their case thrown out. Unless you can provide proof that you’re eligible for an extension, you must file on time.  

Because you only have a limited amount of time to file after your accident, you need to get in touch with a personal injury attorney as soon as possible.

How Long Do I Have to File a Lawsuit After a Car Accident?

Every state features its own laws regarding the statute of limitations for filing claims and lawsuits. You have two years after the date of your car accident to file a claim or lawsuit in Indiana unless you qualify for an exception. 

This statute of limitations applies to other types of personal injuries as well, such as slips and fall accidents, and dog bites. 

Even if you have seemingly plenty of time to file before the statute of limitations expires, you should go ahead and start building your case immediately. Preparing a car accident personal injury case takes time, so you need to contact a personal injury attorney as soon as you can after suffering from a wreck. 

In addition to helping you build your case, experienced car accident personal injury attorneys will keep track of your filing deadlines so that you file long before the statute of limitations expires. They’ll also expertly present your case so that you can recover the maximum amount of compensation possible. 

Statute of Limitations When Filing Against the Government

If your car accident claim or lawsuit involves the state government or a government entity, you have a much smaller window of time to file. Your case may involve a governmental entity or the state government if poor road conditions contributed to or caused your accident. 

It’s the Indiana Department of Transportation (INDOT)’s responsibility to maintain interstates, highways, and state roads in Indiana, so if poor road conditions contributed to your accident, you may end up filing a claim against INDOT. If INDOT isn’t responsible for a road’s maintenance, it could fall under the influence of a local municipality. 

If your accident involves a government entity, such as a county, city, or school district, you have 180 days to deliver a Notice of Tort Claim for Property Damage And/Or Personal Injury. When filing against the state, you have 270 days to file your tort claim notice. 

Statute of Limitations Exceptions

Although most vehicular accident victims have two years to file a claim, some may be eligible for an extended statute of limitations. The following are valid reasons for a statute of limitations exception:

You’re a Minor

If you were a minor at the time of the injury, you have until two years after your 18th birthday to file a claim or a lawsuit. You need to file before you turn 20. 

You’re Temporarily Disabled

Those suffering from a legal impairment have two years after they recover to file a claim. This can include physical disabilities, emotional disabilities, and mental disabilities.

Once someone is no longer considered legally disabled, they have two years to file. 

The Liable Driver Left Indiana

In the event that the driver responsible for your injuries leaves the state, the time in which they’re gone does not count toward the statute of limitations. If they ever return, the statute of limitations will resume.

For example, if the liable driver left Indiana six months after your car accident, you’ll have 18 months after they return to file against them. 

This extension does not apply if the liable driver maintains an agent for service or process or another individual who may legally act on their behalf. If the liable driver moves but maintains an agent for service or process, you still have only two years after your accident to file.

You Weren’t Aware of Your Injuries

If you suffer from delayed onset injuries or were unaware that you sustained injuries in the car accident, you have two years after you discover the injury to file a personal injury claim or lawsuit.  

It’s rare for a victim to discover their injuries long after an accident, and those who file after the two-year statute of limitations period will likely have a hard time proving the connection between the car accident and their condition.

For example, if you begin suffering from back pain six months after your car accident, your affliction may have directly resulted from your car accident, but proving the connection between the two will be challenging. The liable person’s insurance company or attorney would likely argue that you could have suffered from a back injury at another point after your wreck. 

Contact a Personal Injury Attorney Long Before the Statute of Limitations Expires

Because the filing process takes time and effort, you need to start long before the statute of limitations expires. It’s best to get in touch with a car accident personal injury attorney as soon as possible. 

While you recover from your injuries, your Indianapolis personal injury attorneys can assist you by collecting evidence and can track down potentially liable parties involved in your case. They’ll also negotiate a settlement on your behalf with the negligent party or their insurance company. 

For car accident legal experts in Indiana, contact the lawyers at Poynter & Bucheri Accident Recovery Attorneys at Law. We’ll work to get you the maximum amount of money you can receive for your injuries.

Don’t hesitate to contact us today at (317) 780-8000 for your free case review so that you can learn your legal options.