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In the legal landscape of Indiana, the statute of limitations stands as a pivotal law that shapes the course of personal injury claims. This law, which sets a specific timeframe for filing a lawsuit, is particularly significant in the context of car accidents.
According to Indiana Code, a two-year window is provided for victims to initiate a lawsuit for personal injury or property damage claims. This two-year period is not just a legal technicality—it’s a fundamental rule that can influence the outcome of a car accident case, as you might not be able to claim compensation beyond this period.
But like many other laws that affect motor accidents, it’s not as straightforward as it seems. Some exceptions and nuances can extend or shorten this timeframe, adding another layer of complexity. Please give us a call if you were seriously injured in a car accident in Indiana – we have the experience to help you fight your case and get justice.
Below we’ll cover the intricacies of the statute of limitations law, including its exceptions, and how it applies in real cases we deal with in Indiana.
Understanding Indiana’s Statute of Limitations
The statute of limitations for car accidents in Indiana, as defined by Indiana Code § 34-11-2-4, is a cornerstone of the state’s personal injury law. It establishes a two-year timeframe from the date of the accident within which victims must initiate a lawsuit against the party at fault.
Whether the accident led to physical injuries or damage to your vehicle, the countdown to legal action begins simultaneously.
Significant consequences await those who don’t adhere to this statute, as victims might not be able to claim compensation. Courts generally dismiss claims not filed within the two-year window, effectively eliminating the opportunity to recover from economic losses.
However, certain exceptions exist that could potentially extend this timeframe, and a knowledgeable lawyer can help evaluate if these exceptions apply to your case.
For answers to your questions, call:
317-488-5500
Exceptions to Indiana’s Statute of Limitations for Car Accidents
While the two-year limit is a fundamental rule in Indiana’s personal injury law, it’s not absolute. There are specific exceptions that can extend this timeframe, each with its own set of conditions and implications.
Involvement of Minors and Individuals Under a Legal Disability
The law provides additional protections for individuals who are minors or under a legal disability. According to Indiana Code § 34-11-6-1, the statute of limitations does not begin until the individual turns 18 or is no longer under a legal disability. Whether the statute of limitations is tolled by reason of legal disability is a very fact-sensitive issue.
This exception can turn your case into a complicated claim, and that’s why we highlight the importance of seeking legal advice from a car accident lawyer as soon as the incident occurs.
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Comparative Fault in Indiana
While the statute of limitations is a key factor in car accident cases, it’s not the only one that can influence the outcome. Another critical element to consider is the determination of fault.
In Indiana, generally, this is governed by a system known as modified comparative fault, which can significantly impact the amount of compensation a victim can receive, even if you presented your claim within the required timeframe.
Outlined in Indiana Code § 34-51-2-5, this system requires the court to assign a percentage of fault to each party involved in the accident. The victim’s compensation is then reduced by their percentage of fault. For instance, if a victim is found to be 20% at fault for the accident, their compensation would be reduced by 20%.
However, there’s a critical threshold to be aware of: if a victim is found to be 51% or more at fault, they are barred from recovering any damages. This is known as the 51% rule.
To illustrate, let’s consider a scenario where a driver, distracted by their phone, collides with another car that was speeding. The court might determine that the distracted driver was 40% at fault for not paying attention to the road, while the speeding driver was 60% at fault. In this case, the distracted driver could still recover damages, but their compensation would be reduced by 40%.
In some circumstances, such as those involving a governmental entity, the law of contributory negligence applies. In a contributory negligence situation, an injured party will not recover any damages if they have any fault for causing the collision.
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The Role of a Personal Injury Lawyer
In the wake of a car accident, the road to justice can be fraught with legal complexities. From understanding the statute of limitations to navigating the nuances of comparative or contributory fault, the process can be overwhelming.
This is where the expertise of a personal injury lawyer becomes not just beneficial, but essential, to get your life back and recover from your damages quickly. Here’s how a personal injury lawyer can assist you:
- Demystifying the Law: We can help you unravel the intricacies of the statute of limitations, comparative fault, and other relevant laws in Indiana. This includes explaining how these laws apply to your specific case and what they mean for your claim.
- Timely Filing of Your Claim: A lawyer can ensure that your claim is filed correctly and within the required timeframe, helping you avoid any potential legal pitfalls.
- Evidence Collection and Presentation: They can assist in gathering all pertinent evidence to support your claim and present it effectively to establish fault and prove damages.
- Negotiating Compensation: We can negotiate with insurance companies on your behalf to seek fair compensation for your injuries and damages.
- Court Representation: If your case goes to trial, a lawyer can provide representation in court to advocate for your rights and interests.
With the right legal guidance, you can effectively traverse these complexities and seek the compensation you deserve. If you’ve been involved in a car accident, our experienced team at Christie Farrell Lee & Bell is here to help. Don’t hesitate to reach out for a free consultation to evaluate your case.
Call 317-488-5500 or complete a Free Case Evaluation form