Indiana Statute of Limitations: How Long Do You Have to File a Personal Injury Lawsuit?

If you have been injured in a car accident, a slip and fall, or due to medical negligence in Indiana, state law strictly limits the amount of time you have to seek compensation. This legal time limit is known as the Statute of Limitations.

In this guide, we will break down the rules established in the Indiana Code Title 34, Article 11 (IC 34-11), and explain the most important exceptions to these deadlines. Depending on how you were injured, a different attorney may be best suited to handle your case:

• If you were hurt in a collision, an Indianapolis car accident attorney will be most familiar with the deadlines and evidence rules that apply to your claim.
• If you were injured on someone else’s property, a slip and fall attorney can help you establish liability before your time to file runs out.
• If your injury resulted from a healthcare provider’s error, a medical malpractice attorney can guide you through the additional procedural requirements Indiana law imposes on these cases.

The General Rule: 2 Years for Personal Injury Claims (IC 34-11-2-4)

For the vast majority of personal injury cases in Indiana, the victim has exactly two years from the date of the injury to file a lawsuit in civil court. This applies to car crashes, premises liability (slip and falls), dog bites, and most other accidents.

Here is how the official law states it:

Indiana Code Quote (IC 34-11-2-4(a)):
“An action for: (1) injury to person or character; (2) injury to personal property; … must be commenced within two (2) years after the cause of action accrues.”

What does this mean for you?

In legal terms, “after the cause of action accrues” generally means the day the accident occurred or the day you reasonably should have discovered your injury. If you fail to file a formal lawsuit before this two-year window closes, the court will almost certainly bar you from ever recovering compensation.

Special Deadlines for Medical Malpractice (IC 34-11-2-3)

If your injury was caused by the negligence of a doctor, nurse, or hospital, a separate section of the code applies. The base deadline is still two years, but the clock starts ticking strictly on the date the medical error occurred.

Indiana Code Quote (IC 34-11-2-3):
“An action of any kind for damages… based upon professional services rendered or which should have been rendered, may not be brought, commenced, or maintained… against physicians, dentists, surgeons, hospitals, sanitariums, or others, unless the action is filed within two (2) years from the date of the act, omission, or neglect complained of.”

Note: Medical negligence cases in Indiana are also governed by the Medical Malpractice Act (IC 34-18), which requires patients to file a complaint with a medical review panel before proceeding to a trial court.

Exceptions to the Rule: Tolling the Statute of Limitations

Indiana law recognizes that it is not always fair or possible to hold someone to the standard two-year deadline. In certain situations, the legal “clock” is paused – a legal concept known as “tolling.” This is primarily governed by IC 34-11-6 (Legal Disabilities).

1. Minors and Persons Under Legal Disability

If the victim was under the age of 18 at the time of the accident, or if they were deemed legally incapacitated (e.g., in a coma or suffering from a severe mental disability), the two-year clock does not start until that legal disability is removed (the child turns 18, or the person regains competency).

Indiana Code Quote (IC 34-11-6-1):
“A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.”

This means if a 10-year-old child is injured in a car wreck, they generally have until their 20th birthday (age 18 + 2 years) to file a lawsuit on their own behalf.

2. Concealment by the Defendant

If the at-fault party actively tried to hide their guilt or conceal the facts of the injury from you, the statute of limitations is paused. The clock only begins running once you discover the truth.

Indiana Code Quote (IC 34-11-5-1):
“If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.”

3. Extended Deadlines for Childhood Sexual Abuse Survivors

Indiana has significantly extended the timeframe for bringing civil claims related to the sexual abuse of a child. Under IC 34-11-2-4(b), an action must be commenced within the later of:

• 7 years after the cause of action accrues; OR
• 4 years after the person ceases to be a dependent of the alleged abuser.

What Happens If You Miss the Deadline?

If you try to file a personal injury lawsuit two years and one day after your accident, the defendant’s attorneys will immediately file a “Motion to Dismiss.” The judge will be legally required to throw your case out, and you will lose all leverage against the insurance company.

This is why it is critical to consult with an Indianapolis personal injury lawyer as soon as possible, even if you are still undergoing medical treatment.

Official Sources

To read the full text of the Indiana Code regarding limitation of actions (Title 34, Article 11), please visit the official Indiana General Assembly website:

• IC 34-11: LIMITATION OF ACTIONS (General)
• IC 34-11-2: Specific Statutes of Limitation
• IC 34-11-6: Tolling of Statute of Limitations: Legal Disabilities

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