If you've been injured due to the actions of another, you have a right to be compensated. But, under the Indiana Statute of Limitations for personal injury claims, you must assert this right within two years 'after the cause of action accrues.' Typically, this means you must file your personal injury lawsuit within two years of when the harm occurred.
Claims should be pursued as soon as possible
Filing a personal injury claim can take time. If you've been injured, you should contact an attorney as soon possible to begin the process of investigating the evidence and building your case. When the two- year period is over, the claim will be completely barred by the statute of limitations, so don't hesitate to start the process as soon as possible.
Exceptions to the two-year limit
There are several reasons why the statute of limitations will 'toll' (be suspended), giving the injured person a longer time to bring a suit.
- The 'discovery rule' is one such reason. Under this rule, the statute of limitations will not begin to run until an injured party is aware of their injury and of the cause of their injury.
- The statute of limitations will be suspended if the defendant leaves the state of Indiana. This rule prevents a defendant from avoiding liability by simply leaving the state for two years.
- The statute of limitations may also be suspended if the defendant does something to cause the injured party to be unable to file the lawsuit. Threats or fraud would qualify under this exception. The law recognizes that it wouldn't be fair to reward such behavior.
Although these exceptions exist, they should not be counted on. If you've been injured due to the intentional or negligent acts of another, you should consider that the clock is ticking from the moment you are harmed. Pursuing justice isn't something you should put off, because you will lose your claim forever if you don't bring it on time.