Thinking About the Future When Injured
I’m David Holub, an attorney focusing on personal injury law in northwest Indiana.
Welcome to Personal Injury Primer, where we break down the law into simple terms, provide legal tips, and discuss topics related to personal injury law.
Today’s question comes from listener who asks “how much time do I have to sue if I am injured as a result of the negligence of someone?”
You would be surprised how often people fail to think about their future when they are injured as a result of a car crash, or other incident.
Too many times people let several years go by before calling an attorney and are shocked and angry to learn they have missed key deadlines to sue.
We understand that day to day concerns following an injury incident can squeeze out thoughts of the time deadlines for filing a lawsuit.
A lawyer can help you hold the parties responsible for all those bills that begin accumulating after an accident, but only if you see a lawyer before the time expires for filing a lawsuit.
So, what is the time deadline?
For all personal injury cases in Indiana there is a two-year statute of limitations for filing suit.
If you try to sue more than two years after your accident, the parties you sue can ask the court to dismiss your claim as being barred by the statute of limitations.
Even if you are uncertain about wanting to pursue a lawsuit in the future, time can slip away from you before you know it, so you need to act promptly.
Plus, there are shorter deadlines, as early as 180 days, for some types of cases involving governmental entities. 180 days is less than six months. And, it gets worse, some entities that you think have nothing to do with the government, such as an airport bus company, or a commuter train, are treated like government agencies under the law, and the 180 deadline applies (though there are exceptions), so consultant an attorney promptly after an injury incident.
And, even if you think a deadline might have expired, consult any attorney to be sure. There are many exceptions to these general rules.
In short, it is important to be aware that if you are thinking about consulting an attorney about your case, it’s always better to do so sooner rather than later.
Aside from the deadlines we’ve noted, it is important to promptly pin down witness information before memories fade.
We recommend adding reminders to your calendar well in advance of the deadlines that might apply to your situation, so that you can arrange to consult an attorney well before any deadlines.
I hope you found this information helpful. If you have questions about your legal rights if you get hurt due to the carelessness of another person, or as a result of substandard medical care, or due to a product defect, construction injury, or any other type of personal injury, please give us a call at (219) 736-9700. You can also learn more about us by visiting our website at DavidHolubLaw.com – while there make sure you request a copy of our book “Fighting for Truth”.