Section 34-11-2-4 of the Personal Injury in Indiana Code states a two-year limitation period for personal injuries. This two-year clock often begins ticking on the day of the occurrence. You must contact a Fort Wayne personal injury lawyer in such a case.
The Indiana personal injury statute of limitations and exceptions.
The primary 2-year statute of limitations for cases involving personal injury has several specific exceptions that the State of Indiana has established. These few exceptions could stop the clock from starting, allowing additional time to register your complaint.
The statute of limitations in Indiana for specific injury claims and circumstances will not start to run until the “legal handicap” is removed if the injured party was subject to it at the moment of the accident.
Legal disabilities could, for instance, indicate that an individual is under the legal drinking age or is mentally ill; the disability is eliminated when the person reaches the legal drinking age or when their competency is regained.
The individual is given two years to pursue an injury case in Indiana after the handicap is lifted. Whether the legal handicap will impact the statute of limitations can be discussed with an attorney by the claimant.
The statute of limitations might well be tolled throughout this period of non-residence if the at-fault person leaves Indiana and declares themselves a “nonresident” between the time of the accident and the time the case is filed.
The two-year limitation term is not applied to this non-residency period. If the accountable party keeps a process server on file in Indiana, you may be capable of serving the person as a notable exception to this rule.
Concealment of the incident.
The statute of limitations would likely not start to run till the time of deception has ended, and the facts supporting the claim are uncovered if the accountable party attempts to hide their obligation.
Notice of Indiana tort claim.
The State of Indiana additionally has a State tort claim notification obligation for all governmental entities, on top of any relevant statute of limitations.
All notification requirements of I.C. 34-1-3-10 must be included in the Indiana State Tort notice, which includes:
- The cause of the loss,
- the size of the loss,
- the date and location of the loss,
- the names of all parties involved,
- if available, the number of compensation requested, and
- the address of the claimant when the loss occurred and when the notification was filed.