Is it Too Late to File an Injury Claim After My Auto Accident?

If you were recently injured in a car accident in Indianapolis, it is critical to get started on your injury claim as soon as possible. Continue reading to learn what you need to know about personal injury statutes of limitations, including how long you have to file a claim after an auto accident in Indiana.

Auto Accident Lawyers Indianapolis IN 317-636-7497
Auto Accident Lawyers Indianapolis IN 317-636-7497

Indiana Statutes of Limitations for Car Accidents

It is strongly advised by veteran personal injury attorneys to file a car accident claim as soon as you are physically capable, even straight from the hospital bed if possible. Acting fast is important because it protects the evidence supporting your claim, plus allows you to avoid missing the filing deadline set by the state, known as the statutes of limitations.

Statutes of limitations are set time periods for filing civil claims. They vary depending on the type of civil case, but for most personal injuries, Indiana gives claimants 2 years from the date of the accident to bring about a claim against an at-fault party and their insurance carrier. This includes car accidents.

The Importance of Filing on Time

Once the statute of limitations expires, claimants lose all eligibility to bring about a personal injury car accident claim in civil court. There are some exceptions to the rules of these limitations, and in some cases, the statute of time can be extended. It is important to talk to your skilled Indiana car accident lawyer for help understanding the limits and deadlines surrounding your claim.

Even if you think you missed the deadline, contact a lawyer anyway. You may have more time than 2 years to file your particular type of personal injury claim.

Car Accident Legal Tips:

⇛ Seek medical attention immediately.

⇛ File a police report at the scene of the accident or at the hospital.

⇛ Take pictures and video evidence of the scene of the accident, if possible. You can also ask a police officer, witness, or friend to do this for you.

⇛ Keep all documentation, including police report, medical treatment reports and records, witness statements and contact information, and media of the scene.

⇛ Contact a personal injury lawyer to learn your eligibility for pursing legal action against a responsible party.

⇛ Follow all instructions and guidance suggested to you by your car accident personal injury lawyer.

⇛ Stay away from all social media platforms until your case has been settled.

Are you looking for a seasoned injury lawyer who can help you win your car accident case? Contact Carl Brizzi LAW at 317-636-7497 to file a car accident claim in Indianapolis, Indiana. Our experienced personal injury lawyers represent clients all throughout the state.

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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497

Am I to Blame for My Car Accident if I Was Ticketed at the Scene?

If the responding police officer cited you at the scene of your car accident, does it mean that you are at-fault? Although being issued a ticket is never a positive situation, if it happens to you at the scene of your car accident, there is no need to panic. Being cited by police for a traffic infraction does not necessarily mean your claim will be implicated negatively.

Continue reading to learn what you need to know about this topic, including how to protect yourself from liability after being injured in an auto collision.

Indianapolis Indiana Auto Accident Lawyers
Indianapolis Indiana Auto Accident Lawyers 317-636-7497

Traffic Violations and Car Accident Claims

In most cases, a driver who is ticketed for a moving violation in relation to a car accident is typically deemed the at-fault party. So, if you received a ticket that is related to the car crash, and you want to make a claim or sue the other party involved for damages, you will most likely be unsuccessful. In fact, most personal injury law firms will turn down car accident injury cases if the claimant was issued a ticket in connection with the accident. But there are exceptions.

For instance, you can choose to contest the ticket, which would absolve you of having any fault in the accident. From there, you could likely move forward with a valid car accident claim. Or, if the other driver were also cited in the accident, there could be a chance for you to be less at-fault. In this case, you could be in a good position to make a claim by proving that the other driver was more to blame for the accident than you were.

Comparing Fault in a Car Accident

Indiana uses comparative fault analysis and comparative negligence to determine fault in an accident. Under the comparative fault legal principle, if an injured victim is less than 50% at-fault, they can still collect for their damages. Whereas comparative negligence divides the amount of fault among each person involved in an accident. This concept is used in a situation where multiple parties were negligent. So, fundamentally, if a driver is 49% (or less) at-fault, then they are most likely entitled to basic compensation. If they are 50% at-fault or more, then there is very little chance at being awarded compensation.

You Need a Car Accident Lawyer to Decide What’s Best for Your Case

If you are seriously injured after a car accident, and you strongly feel that the other party is to blame, retain the guidance of a licensed, board-certified Indiana car accident lawyer for advice. They have the acute knowledge of Indiana accident law and car insurance laws, and can determine whether or not your ticket has a chance of being dismissed, and you are in a good place to pursue legal action for your damages and losses.

Car insurance and car accident lawsuits are not something you should try to understand on your own, especially because you don’t have to. If you were recently injured in a car accident and cited at the scene, do not think you are automatically disqualified for making a claim. Talk to an experienced Indianapolis car accident lawyer who can take a closer look at your case and determine the best strategies for collecting compensation to cover your damages and losses.

Were you hurt in a car accident that was not your fault and now you are suffering financial hardships? Contact Carl Brizzi LAW at 317-636-7497 to schedule a free case evaluation with a seasoned Indianapolis Indiana car accident injury lawyer you can trust.

You Might Also Read:

Dude, You Hit My Car!
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Carl Brizzi Law Indianapolis Indiana
Carl Brizzi Law Indianapolis Indiana 317-636-7497