The Statute Of Limitations On TBIs In Indiana
In Indiana, the statute of limitations (SOL) for personal injuries, like a traumatic brain injury (TBI), is two years. If you’re filing a lawsuit against a government entity, you only have six months.
If you suffered a TBI and plan to seek compensation, you must file a lawsuit within this time frame to be eligible for recoverable damages. Isaacs & Isaacs Personal Injury Lawyers can offer legal representation to help you meet the deadlines.
What Is the Statute of Limitations on Traumatic Brain Injuries in Indiana?
Statute Of Limitations On TBIs In Indiana – According to IC §34-11-2-4, victims of personal injury claims, including TBI victims, have two years to file a lawsuit. If you suffered your TBI due to a defective or dangerous product, then IC §34-20-3-1 generally gives you two years to file a strict or product liability claim.
When Does the Clock for Indiana’s Statutes of Limitations Start?
The clock starts ticking from the accident’s date or when the victim discovers the injury for personal injury lawsuits. On the other hand, the clock starts ticking after the victim’s demise for a wrongful death lawsuit.
Are There Any Exceptions to Indiana’s Statutes of Limitations?
Yes. Certain circumstances allow a court to pause or extend the statute of limitations in Indiana, including:
- Medical Malpractice: In some cases, medical malpractice victims take months or years to exhibit injuries. This applies when they don’t realize there was an error until they start feeling pain.
- Minors: If the victim is a minor, the statute of limitations pauses until they turn 18 years old.
- Legal disabilities: Victims with emotional or physical disabilities must first recover from their conditions before filing a lawsuit. The statute of limitations pauses until a court determines they are no longer legally impaired.
- Incarceration: If the victim is incarcerated, the statute of limitations clock pauses until they leave jail.
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What Are the Recoverable Damages for a Traumatic Brain Injury?
Our attorneys can represent you and seek compensation that would offset the financial, mental, and emotional damage of your injuries. Given that traumatic brain injuries can be life-changing, the law provides compensatory and punitive damages to the victims.
Compensatory damages include:
- Cost of current and future medical treatment
- Lost income, benefits
- Loss of future earnings
- Reduced earning ability
- Pain and suffering
- Loss of consortium
- Loss of life enjoyment
A court could award punitive damages to victims along with compensatory damages if another person’s gross negligence caused their injuries. Punitive damages are determined on a case-by-case basis.
What Causes Traumatic Brain Injuries?
We can review your case and consider what caused your TBI, which can help us determine who the liable party is. Some of the leading causes of TBI include:
- Road accidents
- Spinal cord injuries (SCIs)
- Firearm injuries
- Contact sports
- Physical violence
- Slip and fall accidents
- Medical malpractice, especially surgical errors
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What Should You Do After Suffering a Severe Brain Injury?
After you or a family member receives a TBI diagnosis, you can take several steps to protect your legal rights:
- Seek medical attention. Follow the treatment plan your doctor gives you to ease the effects of a TBI. Some symptoms to watch out for include nausea, memory problems, headaches, and drowsiness.
- Avoid posting about your recovery on social media. Although social media is part of everyday life, avoid posting your recovery journey or life online. The insurers might argue that you’re enjoying life, so the TBI is not as severe as you claim.
- Contact our injury attorney handling traumatic brain injury cases. Our legal professionals can advise you on what to do and say to protect your claim. We’ll also handle your case from start to finish, dealing with all your case’s legal complexities.
How Can Our Law Firm Help Your Indiana TBI Case?
If we handle your case, we will be tasked with proving that the liable party or parties acted carelessly and that their negligence resulted in your injuries. We will also show how these injuries significantly disrupted your life.
Here’s how we’ll do that:
- File a complaint in an Indiana court listing you as the injured party, the person or entity who caused your injuries, and why they should be held liable for your injuries before the statute of limitation elapses
- Collect relevant evidence that proves another party’s negligence caused your injuries, including pictures and video surveillance of the accident scene and talking to witnesses
- Go over your medical records to get an accurate picture of your injuries; we can also consult with medical professionals to determine how these injuries affect your life and their estimated treatment costs.
- Reach out to insurance providers on your behalf and negotiate for your fair compensation
- Prepare and file your injury lawsuit so that we can seek your award at trial (if necessary)
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