(Newswire.net — August 17, 2022) — In Indiana, the statute of limitations deadline for a worker’s compensation claim is two years from the date that you first became eligible to file. If you have been injured and are not yet eligible to file a claim, your options are limited, and there is no time to waste. If you want the best possible results for your claim, there is no better way than with an experienced Indianapolis workers’ compensation attorney.
Indiana has a two-year statute of limitations on personal injury claims.” Therefore, you must allow this number of years to pass before you begin filing a complaint in the appropriate court. This time is measured by “discovering” the injury and then filing the claim.
Why Is the Indiana Statute of Limitations So Crucial?
The limitation period in Indiana guarantees a timely resolution of civil proceedings. Premature litigation is avoided, which is beneficial to the rule of law.
Complainants must consult an Indianapolis work injury lawyer to have clear information and how to handle cases. In Indiana, if a lawsuit is not filed within two years of the incident giving rise to the claim, they will reject the notion without prejudicing either party.
This means:
- You will be unable to refile your claim in court again.
- When an insurer disputes a claim, the policyholder often has little recourse.
- That party is not responsible for compensating you for your shortfalls.
- You may have to pay for all of the expenses associated with your injury on your own.
For Some Filings, the Deadline May Be Extended
Two-year deadlines for filing civil lawsuits are sometimes extended, as in the following cases:
- You were unable to file because of your disability. If you were in a terrible car accident and went into a coma, your eligibility for a grace period may be extended.
- At a later time, you realized that you were hurt. The state of Indiana follows a principle known as the “discovery rule.” If you’ve been in a car accident, you might not feel anything at the scene. The signs of a brain injury began to manifest themselves weeks later. Here, the statute of limitations begins to run from the day you first became aware of your mental retardation.
- Injuries you sustained as a child. In this case, you would have more time to file a legal claim beginning on the day you turned 18.
Claims Are Not Subject to the Statute of Limitations; Only Lawsuits Are
Legal actions and claims are two different things. A claim with the responsible insurer and a lawsuit in civil court must be filed. There is no universally accepted date by which all insurance claims must be submitted. Generally speaking, insurance companies prefer to be informed immediately following an accident. Claims that are filed after the deadline may face additional hurdles.
When Is the Absolute Last Day I Can Sue Under State Law?
It takes more than just filling out forms to initiate legal action. You’ll need to talk to courtroom staff, calculate your losses, and compile evidence. They can probably imagine that things could get sticky very quickly. Representing oneself in a personal injury claim is a huge undertaking, and several injured complainants find themselves unable to complete it. That’s where the services of our law firm come in.
We assist those injured in filing a compensation claim promptly so they can obtain the financial support they require. As you concentrate on getting better, they will handle every aspect of your case from start to finish.
There Must Be Proof to Back Up Your Claim
When a case goes to court, evidence is the backbone of the proceedings. Within the two-year time limit, but without substantiation, your case may be dismissed. This may cause your case to drag on in court and cost you money. If they dismiss your lawsuit with bigotry, you will be barred from refiling it in the future.
About the author: Mark Scott
With a law degree under his belt, Mark Scott understood very early that law communication was a relatively neglected area. He decided to help people by “translating” the language and offering information and advice in a clear, useful, and actionable manner. For this reason, instead of finding him in court, you will most likely find his name online, where he is very active and thriving as a legal columnist. His part of making the world a better place is to make the law a less convoluted maze. He aims to make it easier for people to understand when and how to seek legal counsel, how to proceed in a significant number of legal matters and to find the proper resources so they can stand up for their rights.