Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a licensed attorney to discuss your specific situation.
Indiana Statute of Limitations for Personal Injury
In Indiana, you generally have two years from the date of an accident to file a personal injury lawsuit. Under Indiana Code § 34-11-2-4 (IC 34-11-2-4), the statute of limitations for actions “for injury to the person” requires you to file a complaint within two years after your cause of action accrues. If you miss this deadline, a court will almost always dismiss your case.
When Does the Clock Start?
The “clock” typically starts on the date of the accident or injury. For instance, if you slip and fall on a restaurant floor on March 1, 2022, your deadline to file a lawsuit would be March 1, 2024. Keep in mind that minor variations can occur based on the facts of your case.
Exceptions and Tolling Rules
- Discovery Rule: If you sustain an injury that is not immediately discoverable—such as exposure to toxic substances—the statute may be extended. See Indiana Code § 34-11-4-1 (IC 34-11-4-1).
- Minor Plaintiffs: If the injured person is under age 18, the two-year period is tolled until their 18th birthday, then resumes.
- Mental Incapacity: If a plaintiff is mentally incapacitated, the limitations period may be tolled until the incapacity ends.
- Claims Against Government Entities: If you sue a city, county or state agency, you must give written notice within 180 days after the injury under Indiana Code § 34-13-3-8 (IC 34-13-3-8), and then file suit within two years.
Helpful Hints
- Note the exact date of your accident to calculate your deadline accurately.
- Gather and preserve evidence (photos, medical records, witness statements) right away.
- Consult an attorney well before the two-year mark to allow time for investigation.
- Ask your lawyer about exceptions that may extend your deadline.
- For claims against a government body, prepare your notice immediately after the injury.
- Keep detailed records of all medical treatment and expenses.
- Set calendar reminders for any tolling periods or special deadlines.