Factors That May Extend the Statute of Limitations in Indiana

Statutes of limitations determine how long injury victims have to file their injury cases. Statutes of limitations vary by case, but there are also things that can extend a statute of limitations. Below are some cases where a statute of limitations may exceed the standard period.

According to the discovery rule, the statute of limitations begins to run from the day you discover or should discover your injury. The rule makes sense because you cannot file a claim for an injury that you don't know about. The discovery rule only applies to injuries that are not apparent to the ordinary person.

Consider a factory worker who unknowingly inhales asbestos. Ten years later, the factory worker develops lung cancer due to asbestos exposure. In this case, the statute of limitations will run from the date the factory worker discovers their exposure and not the date they inhaled the asbestos.

For a minor victim of an accident, the statute of limitations doesn't commence until the victim reaches the age of 18. The rule applies because minors do not have the legal capacity to sue. Indiana has two exceptions to this rule.

First, the rule does not apply to medical malpractice cases. If a minor under the age of six suffers medical negligence, they can file their medical malpractice claim up to the age of eight. For minors over the age of six, the usual statute of limitations (two years) for medical malpractice applies.

Secondly, the rule doesn't apply to derivative claims. Derivative claims are losses that the child's parent might suffer because of their child's injury. For example, childcare costs might increase after a child's injuries. Since it is the parents and not the child that suffers the increased costs, they must file their claim within the standard statute of limitations.

Medical malpractice cases tend to have different rules from other personal injury cases. For example, before you file a medical malpractice case, you must submit your claim to a medical review panel. The panel reviews your case and determines its merit. Once you do that, the panel's decision will halt the statute of limitations for 90 days.

Defendant's Deception 

Some medical malpractice defendants go to great lengths to hide their actions from their victims. For example:

• A hospital might falsify your medical records to hide their negligence
• A doctor might lie to you when you ask them about a suspicious injury
• A health care provider might misdiagnose your illness to hide their previous negligence

In such cases, the statute of limitations doesn't begin to run until you discover the fraud.

For medical malpractice cases, ongoing conduct can also toll or stop the statute of limitations. The rationale is that you can only file a claim if you know the full extent of your injury, and you can only understand your injury once the negligent conduct stops.

Consider a case where a doctor commits negligence over the cause of a six-month treatment. In such a case, the statute of limitations starts at the end of the six months, and not at the beginning of the treatment or negligence.

Lastly, courts can also issue emergency orders to stop or extend statutes of limitations. Courts typically issue emergency orders when their jurisdictions face widespread calamities that hinder normal court processes. For example, many states suspended their statute of limitations at the height of the COVID-19 pandemic.

You need to file your personal injury case as soon as possible after an injury. Otherwise, the statute of limitations might expire and cause the court to reject your application. If you have an injury claim, contact Wegner & Associates for a consultation so that we can commence your case as soon as possible.