Is there a timeframe in which file a personal injury claim?

Asked on July 24, 2015 under Personal Injury, Indiana


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes there is. This time limit is known as the "statute of limitations". It varies from state-to-state, and even within a specific state can vary as to the type of personal injury involved. Once the SL expires, a lawsuit can no longer be filed.

In IN, the SL is 2 years but depending on the injury invovled it can be 2 years from the date the injury was incurred or 2 years from the date of its discovery, etc. Also, sometimes the SL can be "tolled" for a certain period of time. This means that the time period is on hold and not running until the toll period ends which gives the plaintiff more time to file a claim.

At this point, you may want an attorney to review your situation and see if you have a valid and case and one that can still be filed.

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