Legal Question in Medical Malpractice in Indiana

Re: Statute of Limitations for birth injury

I do not know the statute of limitations in IN. Since oyu were born there, that would be where to check.

In NJ, it is 2 years after the 18th birthday for birth injuries prior to I beleive 2005. Since then there is a change in statue which requires it be by the 13 birthday. In any case, you would have to look at the IN statute instead. Best wishes.

Re: Statute of Limitations for birth injury

You should contact an Indiana attorney NOW, if you wish to confirm your rights regarding this action, as from the facts you presented, any case related to your birth would have to be pursued in an Indiana court under Indiana Law.

The reason I suggest that you contact an Indiana Lawyer immediately is that the law that the information I have found is SO different from the law that I am familiar with, that I have to question whether my reading is correct.

Many states have a one or two year statute of limitations, or period after an injury within which you must institute a lawsuit.

Again, in most states, the time is “tolled” or does not begin to run in the case of a minor, until the minor reaches the age of majority. In PA, the two years begins running at 18, so you would have until age 20 to file suit. In NJ, the two years begins running at 21, so yo umight have until age 23 to file suit.

Here is where it gets strange to me:

I found a reference to an Indiana Statute that says that your two years began running at age SIX, so that as I read this, your right to sue ended at age EIGHT.

Because this result is SO FOREIGN to me, you really should discuss this with an Indiana lawyer.

The other reason that you want to talk to an Indiana lawyer is that in every state. there are ceratin exceptions to the Statute of Limitations. Deciding when an exception applies is a highly specialized question that should be answered by a specialist in that particular state, i.e. Indiana.