Pedestrian accidents can be life-changing for the individuals involved, causing not only physical injuries but also emotional and financial strain. In Indiana, the laws surrounding pedestrian accidents are designed to help those affected pursue justice and recover compensation for their losses. One of the most important aspects of this process is understanding the statute of limitations and the filing deadlines associated with these cases. If you or someone you love has been injured in a pedestrian accident in Indiana, knowing the time limits for filing a claim is crucial for protecting your rights.
What Is a Statute of Limitations?
The statute of limitations is a law that sets the maximum amount of time a person has to file a legal claim after an incident. In the context of pedestrian accidents, this refers to the timeframe within which an injured person must file a lawsuit in order to seek compensation for their injuries. If you miss this deadline, it is highly likely that the court will refuse to hear your case, and you may lose your opportunity to recover any damages.
Each state has its own statute of limitations for different types of legal claims. In Indiana, the statute of limitations for most personal injury cases, including pedestrian accidents, is two years. This means that if you have been injured in a pedestrian accident in Indiana, you have two years from the date of the accident to either have reached a resolution of your claim or have filed a lawsuit against the person or party responsible for your injuries. The countdown starts on the day the accident occurs, and it’s essential to be mindful of this timeframe as you gather evidence and prepare your case.
Why Is the Statute of Limitations Important?
The statute of limitations is not just a random rule. It is meant to protect both the injured person and the person being sued. For the injured person, it ensures that their case is heard while the evidence is still fresh and available. Witnesses may forget details over time, and important documents could be lost if too much time passes. On the other side, it also protects the person being sued from facing legal action long after the event, when defending themselves becomes more difficult.
In some cases, the statute of limitations can be extended or shortened based on specific factors. For example, if the person involved in the accident is a minor or legally incapacitated, the statute of limitations may not begin until they turn 18 or regain legal capacity. This means that if a child is hit by a car while walking to school, they may have more time to file a claim once they reach adulthood.
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.
Filing Deadlines for Pedestrian Accident Claims in Indiana
While the two-year statute of limitations is generally strict, there are some exceptions that could affect the deadline for filing a claim. For example, if the pedestrian accident involved a government vehicle, such as a city bus or a government employee driving during work hours, the rules for filing a claim change. In cases where the government is involved, the injured party must follow Indiana’s Tort Claims Act, which requires that they file a formal notice of the claim within 180 days or 270 days of the accident, depending on which governmental entity is involved. Missing this 180-day or 270-day deadline can result in losing the right to file a lawsuit, even though the statute of limitations has not yet expired.
In addition to these specific rules for government-related accidents, it is important to remember that different factors can affect how long it takes to gather evidence, speak with witnesses, and consult with professionals who can assess the extent of your injuries. These steps are critical to building a strong case, so it is wise to begin the legal process as soon as possible after the accident to ensure that all deadlines are met.
What Happens if You Miss the Deadline?
If you miss the filing deadline for your pedestrian accident claim, it is highly unlikely that your case will be heard in court. In most situations, the person or party you are suing will point out that the statute of limitations has expired, and the court will dismiss the case. This means that you will not be able to recover any compensation for medical bills, lost wages, or pain and suffering related to the accident. The statute of limitations is strict, and there are very few exceptions to this rule.
For this reason, it is important to seek legal help soon after the accident to ensure that your rights are protected and that you do not lose your chance to file a claim. Even if you are unsure whether you want to move forward with legal action, speaking with a legal guide can help you understand your options and the potential consequences of waiting too long.
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
How to File a Pedestrian Accident Claim in Indiana
Filing a pedestrian accident claim in Indiana involves several key steps, and it is important to approach each one carefully. The first step is usually to gather evidence from the scene of the accident, which can include photos, witness statements, and police reports. This evidence will be crucial in proving who was at fault for the accident and the extent of the injuries suffered.
Once the evidence has been collected, you will need to determine who is responsible for the accident. In some cases, it may be clear that the driver of a vehicle was at fault, but in other cases, multiple parties could be responsible. For example, if the accident occurred at an intersection where the traffic signals were malfunctioning, the city or county may also be partially liable.
After determining fault, the next step is to calculate the amount of compensation you are entitled to. This can include both economic and non-economic damages. Economic damages are those that have a specific monetary value, such as medical bills and lost wages. Non-economic damages, on the other hand, refer to the pain and suffering, emotional distress, and loss of quality of life that the accident may have caused.
Finally, you will need to file a legal complaint with the appropriate court if a settlement cannot be reached within 2 years. This document outlines the details of the accident, the injuries you suffered, and the compensation you are seeking. Once the complaint is filed, the litigation process officially begins, and both sides will have the opportunity to present their case in court.
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The Importance of Acting Quickly
In pedestrian accident cases, time is not on your side. The longer you wait to file a claim, the more difficult it becomes to gather the necessary evidence and build a strong case. Witnesses may become harder to find, memories of the accident may fade, and physical evidence may disappear. Acting quickly not only helps ensure that you meet the filing deadlines but also strengthens your case by preserving valuable information.
In addition to the legal deadlines, there are also practical reasons to act quickly. Medical bills can pile up, and you may be unable to work due to your injuries. The sooner you file a claim, the sooner you can potentially recover the compensation you need to cover these costs and move forward with your life.
If you or a loved one has been injured in a pedestrian accident in Indiana, it is important to act quickly and understand your legal rights. The team at Wyant Law is here to help guide you through the complex legal process and ensure that your case is handled with care. Missing a filing deadline can cost you the opportunity to recover the compensation you deserve. Reach out to Wyant Law today to discuss your case and start the process of seeking justice for your injuries.