You have a limited window to file a lawsuit after an Indiana motorcycle accident. The law setting this deadline is called the statute of limitations. You must follow its provisions. If you don’t, you could lose your right to compensation and fail to recover the money you need.
When you work with Truitt Law Offices, an experienced motorcycle accident lawyer can help you determine the timelines under Indiana law for filing your personal injury claim.
Table of Contents
- 1 What Is Indiana’s Motorcycle Accident Statute of Limitations?
- 2 Why Does Indiana Have a Statute of Limitations for Personal Injury Cases?
- 3 When Does the Two-Year Clock Start Ticking?
- 4 Are There Any Exceptions to the Two-Year Statute of Limitations Timeline?
- 5 What Happens If You Fail to File Your Lawsuit Before the Statute of Limitations Expires?
- 6 Contact an Indiana Motorcycle Accident Lawyer
What Is Indiana’s Motorcycle Accident Statute of Limitations?
The Indiana personal injury statute of limitations gives you two years from your injury date to file a lawsuit. (In a wrongful death lawsuit, the two-year period runs from the date of the deceased person’s death.) In some circumstances, you might have more time to file the claim. But don’t count on it.
In other situations, you may have less than two years to act. Consulting a Fort Wayne personal injury attorney at Truitt Law Offices as early as possible after an accident will give you and your attorney the time to preserve evidence, review your medical records, and build your case without deadline pressures.
Why Does Indiana Have a Statute of Limitations for Personal Injury Cases?
Indiana implemented a statute of limitations for personal injury cases for various reasons. The statute of limitations:
- Gives injured victims a clear deadline to file their legal claim
- Protects defendants from lawsuits based on evidence that has become unreliable over time
- Creates fairness and consistency in the legal process
- Supports efficiency in the legal system.
When courts handle cases years after an accident, witnesses may forget important details, and potentially critical evidence may no longer be available. The statute of limitations helps avoid those problems by encouraging cases to move forward while the facts remain fresh.
Also, by limiting how long someone can wait to file a lawsuit, the law reduces stale cases that could clog the courts. At the same time, the rule gives injured people a reasonable opportunity to understand the extent of their injuries, seek medical care, and decide whether to pursue legal action.
When Does the Two-Year Clock Start Ticking?
In Indiana, the two-year deadline for filing a motorcycle accident lawsuit usually begins on the crash date, when a person’s injuries occur. Acting quickly is vital because missing this window can prevent you from holding the at-fault party accountable and recovering compensation for your motorcycle accident injuries.
Indiana follows the discovery rule. This rule may apply when an injury is not immediately apparent at the time of the accident.
For example, someone may not realize they suffered a traumatic brain injury, a spinal cord injury, or another severe condition until weeks or months later. In those situations, the two-year clock may begin when someone discovers their injury, or when they reasonably should have discovered it. This exception gives injured people a fair chance to bring a claim, even if the full extent of the harm did not become apparent until later.
Because the deadline for filing a personal injury lawsuit depends on your circumstances, you should contact a lawyer as soon as possible after a motorcycle accident. At Truitt Law Offices, an experienced motorcycle accident lawyer can review your case, determine what deadline applies, and take steps to protect your right to seek compensation.
Are There Any Exceptions to the Two-Year Statute of Limitations Timeline?
Along with the discovery rule, the usual two-year deadline for a motorcycle accident lawsuit doesn’t apply in other situations. Most of these exceptions give you more time to file a lawsuit. However, sometimes, you will have a shorter window. Some exceptions to know include cases involving:
- Injuries to minors – If the injured person is under 18, the two-year statute of limitations does not begin until their 18th birthday. This exception gives them until age 20 to file a lawsuit, although a parent or guardian may file sooner on their behalf.
- Mentally incapacitated victims – If the victim is mentally incapacitated and unable to manage their legal affairs, the statute of limitations pauses until they regain their mental capacity.
- Defendant who left Indiana – State law recognizes that someone should not be able to dodge their legal responsibilities by fleeing the state. If the person responsible for a motorcycle crash leaves Indiana after the accident but before the injured rider files a lawsuit, the countdown pauses during the time the liable party remains outside the state.
- Defendant who is in jail – When someone responsible for a motorcycle accident is in jail, the timer for filing a lawsuit pauses until they complete their sentences.
- Wrongful death claims – The deadline for wrongful death claims applies from when someone dies, not the date of their initial injury or illness. So, if someone suffers injuries in a motorcycle crash but doesn’t die until two months later, their family has two years from their death date to file a lawsuit.
- Claims against government entities – Lawsuit deadlines are much shorter in cases involving government agencies or employees. Indiana law requires injured riders to submit a notice of claim within 270 days against a state government entity or within 180 days for claims against a city or county.
- Medical malpractice claims – If a motorcycle accident leads to negligent medical care, the case may fall under Indiana’s medical malpractice rules. These claims follow a different timeline, often two years from the date of the malpractice or its discovery.
What Happens If You Fail to File Your Lawsuit Before the Statute of Limitations Expires?
If you do not file your motorcycle accident lawsuit before the legal deadline, the court will almost always dismiss your case. Once the deadline passes, you lose the legal right to pursue compensation for your medical bills, lost wages, and other losses. Even if your case has strong evidence, missing the filing window means the judge will not allow it to proceed.
This strict rule exists to keep the legal process fair and efficient. Courts rarely grant exceptions. The best way to protect your rights is to file your claim within the applicable time limit for your case. Speaking with a lawyer as soon as possible helps you avoid missing important deadlines.
Contact an Indiana Motorcycle Accident Lawyer
Truitt Law Offices understands the deadlines in Indiana motorcycle accident claims. We can manage every aspect of your case. We’ve recovered millions for our clients and received over 100 5-star Google reviews. We’re here to defend your rights when dealing with insurance companies, simplify the legal process, and put our decades of combined experience to seek justice for you.
We represent victims of motorcycle collisions on a contingency fee basis. So, you will pay no legal fees unless we recover compensation for you. Call now or complete our contact form for a free consultation.
