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How the Indiana Statute of Limitations Affects Your Car Accident Claim


You’ve just been in a car accident, and you don’t think your injuries are that severe. Aches, bruises, stiff muscles and joints – you figure these problems are all minor injuries, and they’ll go away. But when the pain doesn’t go away and you realize that those stiff joints are continuing to cause problems, it’s time to see a doctor.

Unfortunately, if you’ve waited more than two years to seek medical attention and find that you’ve suffered a more serious injury that requires costly treatment, you may be on your own. The Indiana statute of limitations to file a car accident injury claim is just two years.

Two Years – That’s All You Have to File a Personal Injury Claim

Two years sounds like a long time, but consider the scenario you just read – sounds pretty plausible. That was a case in which minor injuries remain hidden or don’t seem urgent until a doctor finds that they’re a more serious problem.

The discovery rule may push the statute of limitations back from the date of injury to the date you discover the injury (or reasonably should have discovered it). But if you don’t see a doctor after an accident and fail to see a doctor if you’re in pain, this rule may not apply – it’s reasonable to expect someone in an accident to seek medical care, especially if they’re in pain. That’s why it’s so important to seek medical attention after the accident, even if you feel fine.

Another common situation in which the statute of limitations may run out is when a serious injury requires long-term treatment, such as third-degree burns. A victim can spend months in a hospital burn ward and months more at home continuing to recover. During this time, filing a personal injury claim or pursuing a lawsuit is probably the least of your family’s concerns.

Often, victims of serious car accidents and their families are so preoccupied with caring for the injuries and keeping the family together that they neglect the legal procedures necessary to seek compensation for injuries. When you’re making hospital visits, caring for the family and trying to keep your life afloat, you may be reluctant to start dealing with insurance companies.

Avoid Running Out of Time by Contacting a Personal Injury Attorney First

As soon as you can, contact a personal injury attorney to become a representative for your personal injury claim. Insurance companies can be overbearing when negotiating a personal injury claim and may try to take advantage of your preoccupation with recovery or help your injured loved one coerce you into a low settlement.

Personal injury attorneys can help you manage the documents and evidence necessary to file and settle a personal injury claim. Their purpose is to take on the burden of corresponding with the insurance company, make sure all necessary files and evidence is turned in on time, and negotiate for a full and fair settlement for your damages and losses.

By working with a personal injury attorney from the start, you help protect your claim from running out of time or missing important deadlines.

Hensley Legal Group Protects Your Right to Compensation

If you or a loved one has been seriously injured in a car accident in Indiana, you may feel overwhelmed by all of the business you have to take care of. Let our legal team free you from having to deal with insurance adjusters so you can attend to the needs of your injured loved one and family.

Remember, the statute of limitations for a car accident claim is only two years. Don’t delay any longer – help from an attorney is just a phone call away! Call us at (317) 472-3333 or contact us online to set up a FREE consultation to discuss your case.