Law

Fort Wayne auto accident claim: How long do you have?

Indiana is a fault state for car accidents. If you were injured in a car crash in Fort Wayne that happened due to the fault of the other driver, you can file a lawsuit against them to recover a financial settlement. States usually have a statute of limitations that sets the deadline for such claims. In other words, you cannot file a lawsuit for an accident that happened a decade ago. Consider consulting a top law firm like Delventhal Law Office to know what your accident claim is worth and the steps you can take immediately. For your help, we are discussing the statute Businesstodaysnews of limitations in Indiana in detail below.

The basics

The statute of limitations in Indiana gives you two years to file a car accident lawsuit, and the clock will start from the date of the crash. If you lost a family member in the mishap and wish to file a wrongful death claim, you still have two years to initiate action. Please note that the deadlines apply to lawsuits and not insurance claims. If you miss the deadline, the court will not accept the case.

Are there any exceptions to the statute of limitations?

Yes, there are a few exceptions that may allow you to file the lawsuit after the two-year deadline has passed, and the list includes –

  1. Discovery: Some injuries related to the accident may not show up immediately. While the deadline starts from the date of the accident, you may still have a valid case if you can prove that your injuries were discovered later. This is also known as the discovery rule, and while this is an exception, you will still need evidence.
  2. Child injured in the accident: If your child was injured in knowcarupdate the mishap, the deadline starts from the date they turn 18. The law takes that child doesn’t have the understanding or mental capacity to file an auto accident claim, and therefore, the statute of limitations doesn’t start immediately for injured kids.
  3. When a government entity is involved: If the other party liable for your injuries is a government entity, you have an even shorter time period to file the claim. In such cases, you are required to file a Tort Claims Notice, which must be filed within 180 or 270 days, depending on the entity at fault.

Call an accident lawyer soon so you can use the time after Famousmagazinenow the mishap to build your case.

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