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What is a Statute of Limitation?

  • By: Jeffrey Shaw, Esq.
  • Published: August 29, 2019

It could be a catastrophic mistake to wait too long to file a premises liability claim in Indiana.

Indiana “statutes of limitation” laws say that a person must file a lawsuit (not just a claim) in the Indiana court system before 2 years or else the claim is forever “barred” or waived.  Failure to do so timely is a jurisdictional defect under Indiana law.  That means the defendant landowner or his insurance company can allege this defense at any time during your lawsuit and, if true, the Court has no option but to throw the case out and dismiss it.

Consequently, it is important to schedule a consultation with a premises liability lawyer. Premises liability lawsuits are filed by people who have been injured in a slip and falls or trip and falls.

What You Must Know About the Statute of Limitations

When this occurs, the state of Indiana has strict rules about how and when a premises liability lawsuit can be filed. If you have recently been injured in such an incident, you have a maximum of two years from the date of the accident to file a legal claim for recovery.

If you exceed this time period, you will not be able to recover compensation even if your claim is clear and presented effectively in court. This is because of the limits established by state law mandating that you cannot wait any longer than two years following the date of injury.

Since the law is there to ensure that people don’t bring claims for alleged injuries they experienced decades before, the statute of limitations is strictly enforced. Even missing it by a handful of days can block you from recovery, so it’s better to get help from an attorney immediately.

What Should I do First After my Accident?

Meeting with an attorney during an initial consultation does not require that you move forward with filing a premises liability claim. But it is strongly recommended since the sooner you talk to an attorney, the sooner you will get a sense of whether it is in your best interests to file and how your attorney recommends moving forward.

These early considerations discussed with a lawyer are essential for not only clarifying whether or not you are within the statute of limitations but also how to evaluate the strengths or even potential weaknesses of your case. The more information that you have at the outset of your premises liability case, the easier it will be for you to manage your own expectations and to pursue maximum compensation for your injuries.

What Does a Lawyer do in Your Case?

Your lawyer plays an instrumental role even during this initial consultation as it can help prepare you for the timeline of your premises liability lawsuit and what you can anticipate should you choose to move forward. If you have questions about how these lawsuits are managed at the state level, make sure that you make use of your premises liability lawyer early on in the process and discuss the opportunities available to you sooner rather than later.

If you attempt to file a premises liability claim after the statute of limitations has lapsed, the judge will throw your case out.

Being organized and timely with the collection of your evidence and the filing of the case paperwork is the best thing you can do after getting hurt.

Call or Text Shaw Law Offices at (877) 225-5742 today and get your lawyer working on your case within 10 minutes from the comfort of your own home.

Don’t let time limits prevent you from getting the compensation you deserve.

Jeffrey Shaw, Esq.

Attorney Shaw has never lost a single jury trial for any premises
liability matter. In fact, Attorney Shaw has only a total of 3 jury
trial losses in the last 30+ years of jury trials...Read More

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