How Long Do I Have to File A Claim?

“How long do I have to bring a claim?” is a question we often hear from potential clients.  Generally in Indiana you have two years to bring a claim in court for negligence. Failure to either have settled your case or not filed in court within that two year period can mean you lose your rights to continue with the claim. 

As with everything in the law there are exceptions and that is why it is prudent to contact a lawyer early after an event to find out what exceptions might be applicable to your situation.  For instance, any claim against a governmental agency requires a specific “tort claim notice” to be given to the responsible agency within 180 days or you lose your right to pursue a claim. Medical negligence claims, especially for children, have different time frames for claims to be filed to preserve your right to continue.  Some insurance policies for uninsured or underinsured motorist claims require the claim to be brought within one year.  

The safest and smartest thing to do if you are hurt as a result of someone else’s negligence is to contact a lawyer you can trust – one who is familiar with this area of law, and find out after giving them the facts what time limitation applies to you.  Most lawyers will discuss this with you without charging you regardless of whether you hire them or not.  Ask your friends or your family lawyer who they would recommend you to contact for this advice.  Any of us at Young and Young would be happy to talk with you – please give us a call.

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