Indiana Agreement to Toll Statute of Limitations

State:
Multi-State
Control #:
US-WAV-96
Format:
Word; 
Rich Text
Instant download

Description

This is an agreement in which the parties waive any defense under any statute of limitations which would otherwise arise during the period specified. This form may be modified to adapt to the circumstances.
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FAQ

In Indiana, the statute of limitations on most civil cases, including negligence, personal injury, medical malpractice, wrongful death, and intentional torts (such as assault and battery) is two years, although certain exceptions can apply.

Like most states, Indiana has different limits for different kinds of crimes. For instance, while there is just a two-year time limit for the filing of misdemeanor charges, most felony charges have a five-year statute of limitations and there is no limit on murder charges.

In Indiana, the statute of limitations for personal injury cases is two years. This means a victim must file a lawsuit within two years of the date of the accident or injury, or risk having his or her case dismissed without being heard.

Suing the government for a personal injury requires quick action. For injury claims against a city or county, you have 180 days to file a formal complaint. Claims against a state government agency must be filed within 270 days.

In civil law, the limitations period refers to the time during which a party may lawfully assert a claim before the party's right to assert the claim expires. The limitations period typically begins to run once a claim accrues, or when the final element of a claim occurs.

Filing by the Deadline In the state of Indiana, claimants typically have two years from the date they were injured to file a formal lawsuit against the liable parties.

Section 34-11-2-11 of the Indiana Code provides that the statute of limitations for breach of written contracts other than those for the payment of money is ten years.

The principle exception to the statute of limitations is the discovery rule. Under this exception, the statute of limitations may be suspended for the period during which an injured person cannot reasonably be expected to discover the injury upon which a malpractice claim may be based.

Technically you can be sued for anything at any time, but in most cases can succeed on a motion to dismiss because the statute of limitations for most claims is less than ten years.

More info

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Indiana Agreement to Toll Statute of Limitations