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Short answer

If you do not settle and you do not file a lawsuit before the Indiana statute of limitations expires, the court will generally bar your right to sue. That means most defendants and insurers can ask the court to dismiss your case as time‑barred, and you will likely be unable to obtain money through the courts. There are limited exceptions and ways to pause (“toll”) the clock, but you should act early to protect your rights.

Detailed answer — How the deadline works under Indiana law

Most personal injury claims in Indiana must be filed within two years after the claim accrues. See Indiana Code, Title 34 (Civil Law and Procedure), Article 11. For the general statute of limitations that applies to actions for bodily injury, see the Indiana Code for the applicable section: Indiana Code — Title 34, Article 11, Chapter 2. The two‑year rule is the starting point for nearly all standard automobile/collision, slip and fall, and most accident claims.

Key points about how the deadline operates in practice:

• Accrual date: The clock usually starts running on the date you suffer the injury (for example, the date of the crash). In some cases—especially where an injury was not immediately apparent—the clock begins when you discovered (or reasonably should have discovered) the injury. Indiana recognizes a discovery rule in appropriate circumstances.
• Filing a lawsuit preserves your claim: If you file a complaint in court before the limitations period ends, your right to pursue money damages is preserved while the case proceeds even if you later negotiate a settlement.
• Failing to sue on time: If you miss the deadline and the defendant raises the statute of limitations as a defense, the court will usually dismiss the claim. That dismissal is often with prejudice, meaning you cannot refile the same claim.
• Defendant must usually plead the defense: The statute of limitations is an affirmative defense. If the defendant fails to assert it in their answer or at the proper time, it can be waived—but defendants and insurers routinely assert it in timely answers and motions.

There are also particular rules and exceptions that can change the deadline:

• Tolling for minors and incapacitated persons: Indiana law can toll (pause) the limitations period for a minor or someone legally incapacitated so the time does not run while the plaintiff lacks the capacity to sue.
• Discovery rule: For latent injuries or hidden defects, the cause of action may accrue when the injury is discovered or reasonably should have been discovered.
• Fraud or concealment: If the defendant fraudulently concealed facts that prevented discovery of the claim, the limitations period may be tolled until the concealment is—or should have been—discovered.
• Claims against governments: Claims against a state or local government often require strict pre‑suit notice requirements and shorter deadlines. Always check the specific statute for governmental claims and notice requirements before the general two‑year period expires. See the Indiana Code sections dealing with governmental claims: Indiana Code — Title 34, Article 13, Chapter 3.

Practical effect if you miss the deadline

• No ability to force a court judgment: Once the statute has run, you usually cannot obtain a court judgment for damages. A defendant can file a motion to dismiss or a motion for summary judgment based on the expired statute.
• Less negotiating leverage: Even if a defendant or insurer offers a small settlement after the deadline, you have little leverage and likely will receive much less than you might have if the claim was filed timely.
• Exceptions are rare and fact‑specific: Courts will consider tolling arguments or equitable exceptions, but these hinge on the specific facts (e.g., concealment, disability, or a recognized discovery delay). You should not assume an exception applies without legal review.

Example hypotheticals

• Car crash on March 1, 2023: The two‑year deadline will generally be March 1, 2025. If you haven’t settled by then and you haven’t filed a complaint, you likely lose the right to sue.
• Hidden injury discovered later: You were exposed to a chemical in 2020 but learned of a related illness only in 2023. A court may find the cause of action accrued when you discovered (or should have discovered) the injury, potentially extending the time to file.
• Minor plaintiff: If a child is injured at age 10, many tolling rules mean the child may have two years to sue after turning 18—check the statute and case law to confirm.

Practical steps to protect your claim

1. Confirm the accrual date: Determine exactly when the statute began to run (date of injury vs. discovery date).
2. File suit if unsure: If you are close to the deadline and negotiations are still ongoing, consider filing a complaint to preserve the claim while you continue talks; you can later dismiss or settle the filed case if desired.
3. Use tolling agreements: Parties can sign written tolling agreements that extend the deadline while they negotiate—this must be in writing.
4. Check special rules for government claims: If any defendant is a government entity or employee, follow the pre‑suit notice rules exactly and promptly.
5. Get counsel early: An attorney can calculate deadlines, advise on tolling rules, prepare pre‑suit notices (where required), and file suit if necessary.

Helpful Hints

• Do not rely on settlement talks alone to preserve your claim. Negotiations do not automatically extend the statute of limitations.
• If you are within a few months of the deadline, file a complaint or get a written tolling agreement—doing nothing risks losing your claim.
• Preserve evidence: photos, medical records, witness contact info, and repair estimates immediately—evidence gets harder to obtain over time.
• Read releases carefully before signing a settlement. A full release usually ends your right to pursue any future claims related to the incident.
• If any potential defendant is a government body, identify and follow required notice statutes promptly—missing a notice deadline can be fatal to your claim even sooner than two years.
• Talk to a lawyer early. Even a short consultation can clarify deadlines, possible tolling, and whether you should file now or continue negotiating.