If you were injured in an Indiana truck accident, you might decide to pursue a personal injury claim or lawsuit against the party you believe was at fault. Understanding the deadlines that apply to your case can help you stay on track and avoid losing your opportunity to seek compensation.
If you are asking, “How much time do I have after an Indiana truck accident to file a lawsuit?” this guide can help clarify the relevant legal deadlines.
Understanding the Truck Accident Lawsuit Statute of Limitations in Indiana
The statute of limitations for truck accident cases follows the same legal deadline as the standard personal injury statute of limitations. In Indiana, you generally have two years from the truck accident date to pursue a personal injury claim.
If a family member died in a truck accident and you want to pursue a wrongful death lawsuit, the statute of limitations is also two years. However, the two-year period would generally start on the day of the person’s death rather than the date of the accident.
Exceptions exist to both of these statutes. Speak with an attorney for more specific guidance on the statute of limitations that applies to your case.
Potential Exceptions to the Statute of Limitations
How much time you have after an Indiana truck accident to file a lawsuit depends on several factors, and the two-year deadline may not always apply. For example, the “discovery rule” applies to cases in which a truck accident victim reasonably did not discover their injuries until some time after the accident. The two-year deadline would not start until the date of discovery instead.
Similarly, if you were a minor at the time of the accident, the two-year period would not begin until you turn 18, giving you until the age of 20 to take legal action. The same rule would apply if the accident left you with a serious physical or mental disability that prevented you from filing a claim. The two years would not start until your legal disability status was removed.
In some cases, the statute of limitations may be shorter than two years. If you are filing a case against the local or state government, you must first provide a notice of claim within 270 days of the accident. For cases against the federal government, you have two years to file this notice.
What if You Miss the Filing Deadline?
If you have already missed the two-year statute of limitations for truck accident lawsuits, it may be worth talking to a truck accident lawyer about your options. They can review the details of your case and assess whether any of the above exceptions might apply, extending your deadline.
If the statute of limitations has ended and none of the exceptions apply, you will generally no longer have the right to pursue compensation through a negligence claim. This is why it is important to hire legal representation early in the process. Even if you are unsure whether you will pursue a lawsuit, an attorney can discuss your options with you and help you understand applicable filing deadlines.
Speak With an Indiana Truck Accident Attorney
If you are searching, “How much time do I have after an Indiana truck accident to file a lawsuit?” let an experienced attorney provide a more detailed and comprehensive answer to this question. Your legal representation can help you stay aware of all deadlines throughout your case and provide guidance at every stage.
Stewart & Stewart Attorneys represents clients throughout truck accident cases. Call 317-854-5348 today to request a consultation.