Experienced Personal Injury Attorneys

Overview of the car accident settlement process

| Mar 29, 2021 | Motor Vehicle Accidents

If you’ve been involved in a car collision in Indiana, there are a number of crucial points you need to bear in mind and understand when it comes to the claim settlement process. An attorney may help ensure that you meet all applicable deadlines.

Indiana statute of limitations

Like all other states in the country, Indiana has laws known as statutes of limitations. Statutes of limitations set the deadline by which different types of cases must be filed in court. In Indiana, a personal injury lawsuit, such as a case arising from a car accident, must be filed within two years from the date of the accident.

If a car accident claim is against the state of Indiana, a lawsuit must be filed within 270 days of the incident. If a claim is against an Indiana city or county, the lawsuit must be filed within 180 days.

These deadlines generally are inflexible. If you fail to file a lawsuit within the time frame above, you likely will be precluded entirely from pursing litigation.

Modified comparative negligence in Indiana

Indiana is what is known as a comparative negligence state. This means that people can pursue a claim arising out of motor vehicle accidents and other types of personal injuries only if the cause of a particular accident is less than 51% their fault. In other words, another party must be more at fault for an accident than you in order for you to move forward on a claim for compensation.

Motor vehicle accidents and their associated injuries can make for complicated courses of legal action. If you have been injured in an automobile accident, you are wise to consult an experienced personal injury lawyer.