Is the clock already ticking on my legal case or claims?
In civil cases, including personal injury, contracts, malpractice, and other civil matters, there are often very specific and set deadlines. For example, in personal injury matters, cases must be filed within a certain period of time called the civil statute of limitations, which is typically two years, or the case is likely barred by a successful affirmative defense of passage of the civil statute of limitations. There may be several different factors that determine when the clock begins to tick or the statute of limitations begins to run and ends. The time periods for Indiana civil statute of limitations vary widely, from months to years.
The Indiana civil statute of limitations for the case you have can be addressed by an attorney who will walk through the specifics of your potential case, and determine the proper time frame to bring an action, if necessary. The deadlines are strict, and failure to comply with the deadlines can result in a party losing his/her rights to legal recovery or other relief.
Whether you have been in a car accident, construction accident, have been the victim of a battery or assault, breach of contract (Larson v. Karagan, 2012), or other matter, the clock may be, and probably already is, ticking, and the Indiana statute of limitations may be running, with you being unaware.
To avoid losing a claim and a chance to recover for injuries that you or your family have suffered, it is wise to consult with an attorney knowledgeable with the Indiana statutes of limitation, who can help direct your case and keep you within the proper timeframe for filing a complaint if it becomes necessary.
For example, an Indiana statutes of limitations attorney will understand the doctrine of continuing wrong, which applies in situations where an entire course of conduct combines to produce an injury. In this situation, the statutory limitations period may start to run at the end of the continuing wrongful act. In order to apply the doctrine, the plaintiff must demonstrate that the alleged injury-producing conduct was of a continuous nature (such as a physician prescribing medicine to a patient).
However, if the plaintiff learns of facts that should lead to the discovery of his cause of action, the doctrine of continuing wrong does not prevent the statute of limitations from beginning to run. This is true even if plaintiff’s relationship with the wrongdoer continues after he learns the facts that should lead to the discovery of his cause of action (Cloverdale v. Renner, 2009).
With certain cases there may be a requirement to complete before a case is filed, and again, the Indiana civil statute of limitations may be affected by these precursors to filing as well. An example is filing a Notice of Tort Claim if a party is suing the government or certain other state-supported entities.
Seeking an attorney knowledgeable about your specific issues and any related civil statute of limitations may avoid you losing the ability to bring your case, if civil litigation becomes necessary.
Often, when a party is injured, the extent of the injuries may be slow to appear. Maybe there is therapy and treatment involved, or maybe an injury takes time to be noticed by the injured. These factors should be discussed with a civil statute of limitations attorney to sort out the issues and injury and determine the statute of limitations.
If you feel there might be an issue, address it as quickly as possible with a civil statute of limitations attorney, who can help you plan for moving forward. Helping to protect yourself and the interests of your family, which can be lost if a statute of limitations is missed. Speak with an attorney right away to avoid this potentially catastrophic outcome to an injury or legal wrong you have suffered.
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