How long after an injury can you sue and/or press charges?

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How long after an injury can you sue and/or press charges?

Male “friend” broke my arm in 4 different places. I had to have surgery and now have a bar and 8 pins in my arm. There were 4 or 5 witnesses. Happened about 10 months ago. I didn’t initially press charges because he agreed to help with my hospital bills. Now my left hand is still pretty useless and half numb. He has been avoiding me and hasn’t helped pay anything. He was very drunk, I wasn’t paying attention to him, and he came from behind me and put me in a chokehold. I told him that he was hurting me and to stop but he ignored me. When I couldn’t take it any more I dropped my arm and struck him in the balls. His reaction was to slam me to the ground shattering my arm on impact. Did I wait too long to do something about it?

Asked on May 28, 2011 under Personal Injury, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could file a lawsuit for assault and battery against your "friend".  Assault is intentionally placing one in reasonable apprehension of an immediate battery without consent or legal privilege.  Battery is the harmful or offensive touching of the person of another without consent or legal privilege.  Your lawsuit would have two separate causes of action (claims); one for assault and the other for battery.  The applicable statute of limitations in Indiana for filing your lawsuit for assault and battery is 2 years.  So, you can still file your lawsuit.

Assault and battery are both civil and criminal.  You should contact the district attorney's office to pursue criminal prosecution against your "friend" for assault and battery.  The applicable statute of limitations in a criminal case for assault and battery in Indiana is either 2 years or 5 years depending on the facts of the case.  You have NOT waited too long to press criminal charges


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