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Waiver May Not Always Be Upheld Liability waivers are not always enforceable. While you may think that a liability waiver means no one can sue, that's far from true. Liability waivers do not protect businesses from all types of lawsuits; some courts will find them unenforceable in certain circumstances.
In Indiana, the statute of limitations for filing a personal injury claim is two years from the date of the incident. This statute covers filing for injuries as well as property damages. Filing even one day past this time limit will usually result in your case's dismissal.
To be enforceable, the release clause must meet all the requirements for a proper contract, such as: The parties are capable of contracting (i.e., of legal age and mental capacity) The parties consent to the clause (cannot be formed under coercion or through force) The subject matter of the agreement is not criminal.
Time limits The most common claim in a personal injury case is negligence and the time limit for this is 3 years. This means that court proceedings must be issued within 3 years of you first being aware that you have suffered an injury.
In Indiana, plaintiffs can recover pain and suffering damages. Let's take a closer look at what this means.
Civil Statutes of Limitation in Indiana: At a Glance Injury to PersonTwo years (Ind. Code § 34-11-2-4(1))FraudSix years (Ind. Code § 34-11-2-7(4))Injury to Personal PropertyTwo years (Ind. Code § 34-11-2-4(2))Professional MalpracticeTwo years (Ind. Code § 34-11-2-3)TrespassTwo years (Ind. Code § 34-11-2-4)4 more rows
In Indiana, the statute of limitations for filing a personal injury claim is two years from the date of the incident. This statute covers filing for injuries as well as property damages. Filing even one day past this time limit will usually result in your case's dismissal.
Under Indiana law, you have a two-year window from the date of your accident to file a personal injury lawsuit. If this period lapses, your case risks dismissal. However, exceptions can apply, such as for minors or injuries discovered later.