All Indiana personal injury cases must be filed within a certain amount of time, or the case will be dismissed and the plaintiff will be without any means of recourse. In Indiana, the statute of limitations for most personal injury cases is two years from the date of the injury. However, this time period can be extended in certain situations.
Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit raising the question of which of two potentially applicable statutes of limitations applied to the plaintiff’s case. The case goes to show the lengths to which defendants will go to get a case dismissed when there is a potential statute of limitations defense.
The Facts of the Case
The plaintiffs were the parents of a young boy who was injured after a wall collapsed on him while he was living at a home owned by the defendant and rented to the boy’s parents. After their son’s injury, the plaintiffs filed a personal injury case against the defendant. However, while that case was pending, the plaintiffs’ son turned 18. At that point, the plaintiffs agreed to withdraw their case against the defendant so that their son could proceed on his own behalf.