How long do I have to file a lawsuit after a car crash?

On Behalf of | Oct 28, 2019 | Personal Injury |

When you are in a severe car accident, you may not feel your injuries right away. Symptoms of whiplash and brain injury can take time to appear. And if you have surgery or treatment for these injuries, medical bills can get expensive.

If you decide to sue the other driver to help pay for your medical bills, you only have a limited time to do so. Waiting too long could leave you without the ability to pay for your medical care.

Two-year statute of limitations

Indiana has a statute of limitations on when you can file a civil case. For personal injury lawsuits, you have two years from the date of the crash to file. If you wait longer than two years, a court will not allow you to collect any damages from the other driver.

Statute of limitations protects the at-fault driver

The statute of limitations is meant to ensure that an at-fault party does not have a lawsuit threat hanging over his or her head. The person filing the lawsuit must do it as soon as possible while the accident is still fresh.

Waiting too long can mean you don’t get the money you need

Because of this statute, you may miss out on the money you need for healthcare. If you have a delayed injury and don’t receive treatment right away, you may not know about your medical bills in time to file a lawsuit.

And if you know about your injuries but don’t file within the two years, you can lose out on a lawsuit award that you need to pay for your medical care.

You may be responsible for your medical bills

If a car crash injures you, the Indiana statute of limitations restricts your ability to wait before filing a personal injury lawsuit. If you don’t file right away, you may have to pay your medical bills yourself.