Understanding the laws surrounding motorcycle accidents in Indiana is important if you’ve been involved in one. If you’re hurt in a motorcycle crash, you need to know how long you have to file a claim for your injuries. In legal terms, this is called the statute of limitations. The statute of limitations is a time limit that the state of Indiana places on how long you have to file a lawsuit after a motorcycle accident. If you wait too long and miss this deadline, you may lose the opportunity to seek compensation for your injuries and damages.
When you’re injured in a motorcycle accident, medical bills, lost wages, and pain can make life difficult. It’s important to act quickly to ensure you can get the help you need. This is why knowing the statute of limitations is so vital. Acting within the legal time frame allows you to secure justice and compensation for your injuries. Wyant Law provides dedicated legal support to help motorcycle accident victims secure the compensation they deserve for their injuries and damages.
What is the Statute of Limitations?
The statute of limitations is the period of time that victims of motorcycle accidents in Indiana have to file their claims in court. This time frame is set by the state and helps keep the legal process fair for everyone. In Indiana, for personal injury claims related to motorcycle accidents, the statute of limitations is generally two years from the date of the accident.
This means that from the moment the accident occurs, you have exactly two years to file a lawsuit for your injuries, property damage, or other losses. If you miss this two-year window, you may not be able to file a claim in the future. It’s essential to keep this in mind so that you can take the necessary steps to protect your rights.
The two-year limit is meant to ensure that cases are handled while evidence and witness testimonies are still fresh. As time passes, memories fade, and evidence can become harder to gather. By having a clear deadline, the courts ensure that claims are made within a reasonable amount of time after the accident.
Exceptions to the Two-Year Rule
While the general rule is that you have two years to file your claim, there are exceptions that may extend or shorten this period. One important exception involves cases where the injured person was a minor at the time of the motorcycle accident. If a person under 18 was injured, the two-year statute of limitations may not begin until the person turns 18. This means that they may have until they are 20 years old to file a claim.
Attorney Christopher Wyant is here to help you.
With over 17 years of experience, Attorney Wyant has spent his entire legal career representing individuals who have been injured or killed as a result of the carelessness of others. With trial experience in over 20 jury trials, he has handled cases involving wrongful death and personal injury arising out of automobile crashes, premises liability, slips and falls, dog attacks, and civil rights violations.
Another exception occurs if the accident involved a government entity, such as a city vehicle. In these cases, there is an additional requirement that must be met before you can file a lawsuit. The Indiana Tort Claims Act requires that a notice of tort claim be sent to the governmental entity(s) within either 180 days or 270 days of the incident, depending on which governmental entity is involved. Failing to meet this deadline prevents the victim from filing a lawsuit against the governmental entity, even if that lawsuit is filed within the 2 year statute of limitations.
Why Acting Quickly Matters
Motorcycle accidents can lead to serious injuries that require medical treatment, time away from work, and emotional recovery. It’s important to act quickly after an accident to ensure you have the best chance of securing compensation for your injuries and losses. As time passes, evidence can disappear, and witnesses may become harder to find.
The longer you wait, the more difficult it may become to build a strong case. Medical records, accident reports, and photos of the scene are important pieces of evidence that should be collected as soon as possible after the accident. Acting within the two-year statute of limitations gives you the opportunity to gather this evidence before it’s lost or becomes less reliable.
It is also essential to remember that insurance companies often try to settle claims quickly and for less money than you deserve. Acting quickly not only helps you meet the legal deadline but also gives you more leverage when negotiating with insurance companies. If you show that you are serious about pursuing your claim, the insurance company may be more willing to offer fair compensation.
My husband and I were involved in an auto accident. The driver that hit us was without a doubt at fault. In less than 2 days we were getting calls from the driver’s insurance company wanting us to accept 15% fault. The calls kept coming to try and push us into a settlement. We decided to get legal help and found Chris Wyant. Once Chris took over we felt a big load lifted. He is very knowledgeable, well prepared and makes everything so much easier to understand the process. Chris has a very diligent work ethic that gets results. We are so very grateful to have found Chris. We highly recommend Chris Wyant.”
- Kathaleen Boyce
Chris was awesome from the very first meeting. Very professional and knowledgeable. He knew what needed to be done and what he needed from us. He was exceptionally easy to work with and very patient with all of the questions we had. All we had to do was either call or email him with a question and he responded as quickly as he could. I couldn’t be happier with his services. I would definitely recommend his practice to anyone."
- Rita Bridge
God Bless Wyant Law. I can honestly say that Chris went to bat for me in such a huge way during such a trying time. He was very professional and upfront about every step he took. I would 100 percent recommend Wyant Law for your legal needs."
- Briana Shouse
What Happens if You Miss the Deadline?
If you miss the two-year deadline, you will lose your chance to file a claim for your motorcycle accident injuries. This means that you won’t be able to seek compensation for medical bills, lost wages, or other damages related to the accident.
Missing the statute of limitations is a serious matter. Even if your injuries are severe, the court will refuse to hear your case if you file too late. This is why it is so important to act within the time frame set by the law. However, in rare cases, the court may grant an exception if you can prove that there were extraordinary circumstances that prevented you from filing your claim on time. These exceptions are rare and difficult to obtain, so it’s best to avoid this situation altogether by filing your claim within the two-year period.
How to Protect Your Rights After a Motorcycle Accident
After a motorcycle accident, it is important to take immediate steps to protect your legal rights. The first thing you should do is seek medical attention for any injuries. Even if you don’t think you are seriously injured, it is still a good idea to see a doctor. Some injuries may not be obvious right away, and getting medical care can help you avoid complications down the road.
Next, gather as much information as you can about the accident. This includes taking photos of the scene, collecting contact information from any witnesses, and obtaining a copy of the police report. These details will be crucial in building your case if you decide to file a claim.
Finally, it is important to contact an attorney who understands Indiana’s motorcycle accident laws. An attorney can help you navigate the legal process, gather evidence, and ensure that your claim is filed within the statute of limitations. By working with a knowledgeable attorney, you can protect your rights and improve your chances of receiving the compensation you deserve.
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The Importance of Legal Representation
Motorcycle accidents can result in significant injuries, which may leave victims facing long-term medical care, financial difficulties, and emotional trauma. Dealing with insurance companies and the legal system can be overwhelming, especially when you’re focused on recovering from your injuries. This is where having an attorney becomes crucial.
An experienced motorcycle accident attorney can help you understand your rights under Indiana law, gather the necessary evidence, and negotiate with insurance companies on your behalf. They will work to make sure that your claim is filed within the statute of limitations and that you receive fair compensation for your injuries and losses.
With legal representation, you don’t have to face the legal process alone. Your attorney will guide you through each step, making sure that your case is handled properly and that your rights are protected.
When to Contact an Attorney
The sooner you contact an attorney after a motorcycle accident, the better. As mentioned earlier, time is of the essence when it comes to gathering evidence and filing a claim. By reaching out to an attorney shortly after your accident, you can ensure that your case is built on a solid foundation.
Your attorney will begin by reviewing the details of your accident, including any medical records, police reports, and witness statements. They will then work to determine the best course of action for pursuing your claim. This may involve negotiating with the at-fault party’s insurance company or filing a lawsuit if a fair settlement cannot be reached.
If you’ve been injured in a motorcycle accident in Indiana, understanding the statute of limitations is crucial. You have two years from the date of the accident to file your claim, but there are exceptions that could affect this time frame. Acting quickly after an accident ensures that you have the best chance of securing the compensation you deserve.
At Wyant Law, we understand how overwhelming it can be to deal with the aftermath of a motorcycle accident. Our team is here to help you navigate the legal process and protect your rights. Don’t wait until it’s too late – contact us today for a free consultation. We work on a contingency fee basis, meaning you won’t owe any fees unless we win your case. Let Wyant Law help you get the justice you deserve.