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The law requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. This is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In some instances, there are various exceptions to the statutes of limitation that may extend or limit the limitation periods. There may be special claims presentation requirements for claims against state and local government. For example, claims are barred unless notice is filed with the state within 270 days of the loss or with a political subdivision within 180 days of the loss. For these reasons, it is important to consult an attorney as early as possible to be sure you don't miss a crucial deadline.
In Indiana, an action for personal injury or death generally must be brought within two years from the date when the cause of action accrues. In most cases, the cause of action accrues on the date of the incident, but there may be exceptions when the injury could not have reasonably been discovered until a later date. If a person entitled to bring an action is under a legal disability when the cause of action accrues, then he or she may bring the action within two years after the disability is removed. A lawsuit for injury or death caused by medical malpractice must generally be filed within two years from the date of the alleged act or omission. A minor under the age of six has until his eighth birthday to file a lawsuit. Legal disability does not toll the medical malpractice statute of limitations.
Injuries cost money, including time away from work, medical bills and other complications. You should have an attorney help you with your claim. Not sure if you have a good injury case? Speak to a local personal injury attorney about the merits of your case. This one step can help you protect your rights and take the proper next steps.