Indiana Personal Injury Laws and Statutes of Limitations

Indiana's Statutes of Limitations for Personal Injury Lawsuits

A "statute of limitations" is a law that limits your time to file a lawsuit in court. Indiana has several that cover personal injury lawsuits. Miss the statute of limitations deadline and, unless there's an exception that gives you more time, you lose the right to sue for damages, forever.

We start with the state's two-year general rule, then we'll have a look at some special limitation periods that apply in specific cases.

Indiana's General Rule: Two Years From the Date of Injury

As a general rule, you must file a personal lawsuit within two years from the date you were injured. (Ind. Code § 34-11-2-4(a)(1) (2024).) This deadline applies to several kinds of cases, such as suits involving:

• auto accidents
• dog bites
• slip and fall injuries caused by dangerous or poorly maintained real estate (a "premises liability" claim)
• claims resulting from intentional misconduct, like assault and battery or false imprisonment, and
• false statements of fact about you that harm your character ("defamation").

Other Statutes of Limitations for Specific Kinds of PI Cases

Indiana's two-year general rule doesn't cover all personal injury lawsuits. Here are some other filing deadlines that apply to specific cases.

Medical malpractice. As a rule, the deadline to file an Indiana medical malpractice lawsuit is two years from the date of the malpractice. A child younger than six years old has until their eighth birthday to sue. (Ind. Code § 34-18-7-1(b) (2024).)

Dangerous or defective products. A lawsuit claiming injury caused by a dangerous or defective product (a "product liability" case) must be filed within two years from the date of injury. (Ind. Code § 34-20-3-1(b) (2024).) When you're injured by exposure to asbestos, the lawsuit deadline is two years from the date you know you suffered an asbestos-related injury. (Ind. Code § 34-20-3-2 (2024).)

Injuries causing death. When personal injuries result in death, the victim's estate might decide to file a wrongful death lawsuit. The filing deadline is two years from the date of death. (Ind. Code § 34-23-1-1 (2024).)

(Learn more about Indiana wrongful death lawsuits.)

Extending the Lawsuit-Filing Deadline

In a few situations, Indiana law extends the time to file a lawsuit. Keep in mind that these extensions—including the examples we cover here—are exceptions to the statute of limitations deadlines. It's up to you to prove to the court that an extension applies. Most often, you'll be in for a fight from the defendant (the party you're suing). You should hire legal counsel to make your arguments to the judge.

The discovery rule. In most cases, the statute of limitations clock starts running on the date you were injured. But what if you didn't know right away that you were hurt? In that case, Indiana's "discovery rule" might give you more time to file your lawsuit. When the discovery rule applies, the filing deadline runs from the earlier of the date:

• you discovered your injury, or
• you should have discovered your injury, if you were being reasonably diligent to look for it.

(See Wehling v. Citizens Nat'l. Bank, 586 N.E.2d 840, 843 (Ind.1992).)

Ask your lawyer if the discovery rule is available for your case.

Delaying or tolling the limitation period. The running of the statute of limitations clock might be delayed or "tolled" (paused) when:

• the defendant doesn't live in Indiana, unless there's a person or business in Indiana to accept service of your lawsuit for the defendant (Ind. Code § 34-11-4-1 (2024))
• the defendant conceals your claim from you (Ind. Code § 34-11-5-1 (2024)), or
• the plaintiff (the person filing the lawsuit) is legally disabled (Ind. Code § 34-11-6-1 (2024).)