Anapol Schwartz - Attorneys at Law
wrongful death

PA & NJ Personal Injury Lawsuits and Lawyers

How to file an accidental fatality claim

Indiana Statute of Limitations

Pennsylvania Statute of Limitations
In Pennsylvania, the statute of limitation for a wrongful death, personal injury, product liability, and medical malpractice lawsuit is two years.

Statute of limitations varies from state to state regarding the many types of fatal accidents. The last thing you want to do as the family of a victim of an accidental fatality is miss your opportunity to file a lawsuit.

Here are some important facts to know about Indiana’s statute of limitations and time limits for filing a lawsuit:

  • Negligence - 2 years after injury
  • Medical Malpractice –2 yrs from date of injury
  • Product Liability –2yrs after suffering injury despite of age
  • Wrongful Death – 2 years after date of death
  • Survival – 2 years

Caps on Lawyers Awards: Sec. 1. When a plaintiff is represented by an attorney in the prosecution of the plaintiff's claim, the plaintiff's attorney's fees from any award made from the patient's compensation fund may not exceed fifteen percent (15%) of any recovery from the fund.

Indiana Caps on Damage Awards

Medical Malpractice –

Liability is limited to $250,000.00 per health care provider, with a total cap on damages of $1.25 million.

Product Liability – In Indiana Code 34-51-3-4 the legislature placed a limit on punitive damages awards of the greater of three times the compensatory damages award in the action or $50,000. The amount of punitive damages to be awarded rests within the discretion of the trier of fact. Hibschman Pontiac, Inc. v. Batchelor, 266 Ind. 310, 362 N.E.2d 845 (1977)

Pharmaceutical cases – Same as product liability

Indiana Minors – Statute of Limitations/minors tolling - Except in cases of wrongful death, the statute of limitations on ordinary negligence claims begins to run on the minor’s 18th birthday

Indiana State Police
IGCN – 100 North Senate Avenue
Indianapolis, IN 46204-2259
317.232.8250

http://www.ai.org/isp/index.html

Indiana Trial Lawyers Assoc.
150 West Market St; suite 210
Indianapolis, IN 46204
317.634.8841

http://www.indianatriallawyers.org/in/

Please fill out the form below to see if you have a wrongful death case.

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PERSONAL INFORMATION
First Name:
Last Name:
E-mail Address:
Address:
 
City:
State:
Zipcode:
Phone: () - ext.

INCIDENT INFORMATION
Date of Accident:
Date of Death:
Name of Deceased:
Location of Accident:
Please describe what happened (cause of accident):
Comments/Questions: