How Long Do I Have to File a Personal Injury Claim in Indiana?

personal injury claimYou’ve been hurt in an accident that wasn’t your fault. At first, you thought you might be okay. You did your best to get back to normal after the accident. You tried to go back to work–to resume your normal activities. All you want to do is put this whole mess behind you. But that’s just not working. You’re still in pain. A lot of it. Life is not the same as it was before, and you’re afraid that the aftermath of this accident is going to affect you for years to come. You’re wondering if it’s too late to file a personal injury claim. How long do you have?

States have varying laws when it comes to personal injury claims. In the state of Indiana, the statute of limitations to file most personal injury claims is two years. But if you happen to have been in an accident involving a government entity–a city, county or state employee, for example–you have only 90 days!

How do you know if your injuries are serious enough to file a personal injury claim and how do you avoid missing your window of opportunity to be compensated for your injury and loss before it’s too late? Here are some things to consider if you’re wondering when you should file a personal injury claim in Indiana.

Don’t leave it in the hands of insurance agents.

At the end of the day, insurance claims representatives don’t work for you. They work for a company that has an eye on their bottom line, and it’s not in their best interest to settle your insurance claim too quickly, nor will they be inclined to grant you extra damages for your pain and suffering. You need an experienced personal injury attorney to fight for the compensation you deserve and ensure that the clock doesn’t run out before your claim is settled.

Think about the future.

You may have found ways to “live with” your injury at this point. Maybe you’re parking your car closer to work or have received some consideration at work for a lighter load. Perhaps a significant other, family or friends have taken over some of your previous household duties. But you can’t expect the special treatment to continue long terms. So you must think about how your injuries will affect your ability to make a living five or ten years from now? What if you lose your job and can’t get another one because of your limitations? Don’t get complacent in your current situation. If you’re not 100 percent in the months that follow the accident, and you haven’t filed a personal injury claim yet, don’t jeopardize your future. Get help right away from a personal injury attorney you can trust.

Consider the process.

A personal injury lawsuit can take as long as two years to be settled. In the meantime, you still have bills to pay and day-to-day responsibilities to attend to. If your injury has caused you to adjust your schedule or work shorter hours, even temporarily, that shortfall is going to catch up with you sooner rather than later. If you realize that you need to be compensated for that loss, but haven’t started the process yet, it could be years before you see that compensation. That’s why it’s best to speak to a personal injury attorney as as soon as possible after your accident, so you’re not starting from scratch after you’re already behind the eight ball.

Get a fighter on your team.

When you’ve been hurt in an accident, you need to focus on taking care of yourself and healing. You probably don’t have the time or emotional energy to fight for what you deserve. That’s why it’s so important to get a fighter on your team, before it’s too late to make things right.

If you live in Jackson County, in or near southern Indiana or central Indiana, and need the services of a trusted, compassionate and experienced personal injury attorney, contact Zach Miller today. His offices are in Brownstown, Indiana and he serves clients in Indianapolis, Bloomington, Columbus, Jeffersonville and Seymour, as well as neighboring towns. Zach can also help with other legal matters, like estate planning, criminal record expungements, divorce, He’s just a phone call away.

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Do I Need a Criminal Lawyer?

lawyer seymour indiana

Sometimes bad things happen to good people. And sometimes you just get involved in something you shouldn’t have. Either way, there may come a time when you find yourself in a circumstance that leaves you wondering, “Do I need a criminal lawyer right now?”

When you’re searching for a general practice attorney for issues like estate planning, family law, divorce, real estate transactions, probate concerns or business litigation, you have a little time to shop around. Most folks don’t have a lawyer on speed dial for emergencies. But it’s a good idea to do a little research into attorneys near you so if you find yourself in an unexpected legal situation, you’re not scrambling to find representation when you need it immediately. Here are some situations in which it’s better not to try to go it alone, and instead make a phone call to an attorney you can trust.

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Five Qualities to Look for in a Personal Injury Attorney

Personal Injury Attorney

Being seriously injured or losing a loved one in an accident is devastating and overwhelming. If you or your family member has become disabled or can’t work as a result of someone else’s negligence, you might be thinking of talking to a personal injury lawyer and wondering if you have a case. You’ve seen billboards and television commercials where big name attorneys tell you they’re the ones who can get you biggest settlement. It can be difficult to cut through the clutter. Who you can trust to handle your case with compassion and integrity while fighting for the settlement you deserve? Choosing the right personal injury attorney from the start, before you talk to the insurance companies, will increase the chances that you get the outcome you’re hoping for. When you’re interviewing personal injury attorneys, look for the following qualities:

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Three Factors to Consider if You Think You Might Have a Personal Injury Claim

personal injury You’ve been in a serious accident that wasn’t your fault and now you can’t work. Or perhaps you’ve lost a loved one due to someone else’s negligence.  Either way, bills are piling up and you’re not sure what to do. Your friends and family might be saying that you should pursue a personal injury claim, but there’s conflicting information about the process and you don’t know what to believe. You might be feeling overwhelmed or unsure if a personal injury suit is possible in your situation. Here are three things to consider if you’re wondering if you have a personal injury claim:

  1. You must have personal injury– not just property damage. Personal injury is defined as injury to a person’s body, mind or emotions. In order to have a viable personal injury claim, you must have suffered serious physical injury and/or emotional distress. While it’s certainly financially devastating to have your vehicle totaled or otherwise suffer the loss of valued personal property, personal injury suits are meant to help those who have suffered debilitating personal injuries that prevent them from going to work for an extended period of time or cause disfigurement, disability or death.
  2. You must be able to show negligence. Accidents happen and sometimes it’s difficult to determine fault. This is where having a skilled attorney on your side is really useful. If you were badly injured in an accident but can’t prove that the other driver was at least 50% negligent (for, example, texting while driving, driving under the influence or driving in a reckless manner,) it will be difficult to prevail in a personal injury suit.  But keep in mind, that in Indiana, you can still receive compensation even if the accident was partially your fault.
  3. You must have recoverable damages. In order to have a viable personal injury claim, you must be able to prove that you were in fact seriously injured. Serious injuries are proven through medical bills. Recovering medical costs is only part of what you are entitled to recover as a victim of someone else’s negligence. You can also recover money for lost wages, pain and suffering. These are called compensatory damages. In cases of extreme negligence, punitive damages may also enter the equation. Punitive damages are awarded in addition to compensatory damages at the court’s discretion as punishment when the defendant’s behavior is considered to have been especially harmful.

personal injury Personal injury lawsuits shouldn’t be taken lightly. They take time and money to pursue. However, if another person’s negligence has caused you to be seriously injured in an accident, or lost a loved, you should strongly consider seeking justice and compensation. Most personal injury attorneys will give you a free consultation and let you know if they think you have a case. Make sure you do a little research first and check out their references from previous clients to be sure you’re working with someone you trust. You’ll most likely only have one opportunity to present your case, so it’s important to choose wisely.


About Miller Law

Zach Miller is a private practice attorney in Brownstown, Indiana who serves southwestern and central Indiana communities including Indianapolis, Seymour, Bloomington, Columbus and Jeffersonville. Zach specializes in personal injury law, but also serves clients in other areas, including criminal law, family law, probate law, business litigation, real estate law and general legal counsel. Keep up with the latest news from Zach by subscribing to his newsletter


Zach prides himself on creating personal relationships with his clients and delivering one-on-one service. He lives and works in the community he serves.