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How long to file an Injury or Accident claim?

Monday, June 25, 2018

How long do I have to file an Injury or Accident claim?

As you are probably aware, Indiana Legislature has placed certain time limits on when a claim can be filed. This is referred to as the Statute of Limitations. The length of time granted under Indiana law will depend entirely on the type of case you have.

For most injury claims in Indiana, you will have two years in which you must file your claim or risk losing the right to pursue it. The two year period will start as of the date of the accident or injury. It is important to calendar this date or get in to see an attorney well in advance in order to avoid losing your right for compensation. There are certain circumstances which will extend this 2 year time limit; however, it is always wise to bring your claim well before the 2 years runs out.

In other cases the 2 year time limit may be even more constrained. If there is a governmental agency which is responsible for your injuries, you must provide a Tort Claims Notice to that agency within 180 days of the date of injury. If this is not filed within the 180 days you would lose all right to compensation and be unable to bring your claim.

Missing one of these time limits can be devastating to a claim. With many claims involving long periods of treatment, it is always wise to meet and discuss your case with an experienced Injury and Accident Attorney. If you have been injured you could be entitled to compensation.

We offer free consultations for all injury claims. We will work with you to help you understand your rights as well as answer any of your questions. We are a family firm dedicated to helping your family in this time of need.