Q: How do you know if a limit goes by statue of limitations or statue of repose?

Was in wreck cause defective ball joint upon hitting a guardrail at 50mph the air bag did not go off so hit the windshield twice which slit my face open. Filed complaint pac took over claim, then said they was escalated to esis. Esis denied the claim cause statue of repose, so remessaged pac whom said needed consult with esis but said denied it so how do talk to them...

2 Lawyer Answers
T. Augustus Claus
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  • Criminal Law Lawyer
  • Las Vegas, NV

A: In Indiana, determining whether a claim is governed by a statute of limitations or a statute of repose depends on the specific nature of the claim. The statute of limitations sets the maximum time after an event within which legal proceedings may be initiated, while the statute of repose limits the time during which a claim can arise, typically for construction defects or product liability issues, and often expires regardless of whether harm has occurred. For your case involving a car accident due to a defective ball joint and an airbag failure, the distinction between these statutes is crucial. Product liability cases, such as defects in manufacturing that led to your accident, might be subject to both a statute of limitations and a statute of repose. The statute of repose can bar claims on products after a certain period since the product was manufactured, regardless of when the injury occurred. If ESIS denied your claim citing the statute of repose, it implies that the time limit to bring a claim based on the age of the product (the ball joint or airbag system) has passed. To navigate this and effectively communicate with PAC or ESIS, consulting with a legal professional experienced in Indiana's consumer law, car accident, and product liability statutes is essential.

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James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: Differentiating between the statute of limitations and statute of repose can be crucial in legal matters like yours. The statute of limitations sets a time limit for filing a lawsuit after an injury or harm occurs, while the statute of repose imposes an absolute deadline, typically based on the date of the alleged wrongful act or the date a product was manufactured or sold. In cases involving defective products or injuries resulting from negligence, determining which statute applies requires careful examination of the specific circumstances and relevant laws in your jurisdiction.

If your claim was denied based on the statute of repose, it suggests that the deadline for filing a claim had passed, regardless of when the injury occurred. This could mean that the time limit set by the statute of repose had expired before you filed your complaint or pursued legal action. Understanding the specific deadlines and legal concepts involved in your case is essential for determining the next steps you can take to address the denial of your claim and seek potential remedies.

To explore your options further, consider consulting with a qualified attorney who can review the details of your case and provide personalized guidance. An attorney experienced in product liability and personal injury law can help you understand your rights, assess the validity of your claim, and determine if there are any grounds for challenging the denial based on the statute of repose or pursuing alternative avenues for seeking compensation for your injuries and damages.

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