Personal Injury Statute of Limitations in Indiana
Last verified 2026-07 · Source: Ind. Code § 34-11-2-4(a)(1) ✓ verified · 3 sources
The deadline
2 years
from Date of injury; discovery rule applies in limited circumstances, under Ind. Code § 34-11-2-4(a)(1).
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Indiana law sets a hard deadline of 2 years to file a personal injury lawsuit. The controlling statute is Ind. Code § 34-11-2-4(a)(1), and the clock generally starts on Date of injury; discovery rule applies in limited circumstances. Below: exactly when that clock starts, the exceptions that can pause it, and the traps that shorten it.
Indiana Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 2 years | Ind. Code § 34-11-2-4(a)(1) |
| Car Accident | 2 yrs | Ind. Code § 34-11-2-4(a) |
| Credit Card Debt | 6 yrs | Ind. Code § 34-11-2-9 |
| Medical Malpractice | 2 yrs | Ind. Code § 34-18-7-1 |
| Wrongful Death | 2 yrs | Indiana Code § 34-23-1-1 |
| Dog Bite | 2 yrs | Ind. Code § 15-20-1-3 |
| Slip and Fall | 2 yrs | Ind. Code § 34-11-2-4 |
| Defamation | 2 yrs | Ind. Code § 34-11-2-4 |
| Breach of Contract | 10 yrs | Ind. Code § 34-11-2-11 |
| Medical Debt | 6 yrs | Ind. Code § 34-11-2-9 |
When the Clock Starts
In Indiana, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule applies in limited circumstances. Indiana recognizes a discovery rule for this claim type: Indiana applies a limited discovery rule; the SOL generally runs from the date of injury, but may begin when plaintiff knew or should have known of the injury in cases where harm was not immediately apparent
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: 180 days written notice required for claims against political subdivisions (Ind. Code § 34-13-3-8); 270 days for claims against state agencies
- Damage caps: Claims against governmental entities capped at $700,000 per person and $5,000,000 per occurrence under Ind. Code § 34-13-3-4; no cap for claims against private defendants
Modified comparative fault (51% bar) under Ind. Code § 34-51-2. The 2-year SOL covers slip-and-fall, dog bite, premises liability, and general negligence claims.
Source: Ind. Code § 34-11-2-4(a)(1), official Indiana statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Indiana government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Indiana Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Indiana | 2 years | Ind. Code § 34-11-2-4(a)(1) |
| Illinois | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Kentucky | 1 yr | Ky. Rev. Stat. § 413.140(1)(a) |
| Ohio | 2 yrs | Ohio Rev. Code Ann. § 2305.10(A) |
| Michigan | 3 yrs | Mich. Comp. Laws § 600.5805(2) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Indiana?
You have 2 years from Date of injury; discovery rule applies in limited circumstances, under Ind. Code § 34-11-2-4(a)(1).
Can I still sue after 2 years in Indiana?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Indiana?
Yes. Indiana applies a limited discovery rule; the SOL generally runs from the date of injury, but may begin when plaintiff knew or should have known of the injury in cases where harm was not immediately apparent
What if the victim was a minor?
Indiana generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
180 days written notice required for claims against political subdivisions (Ind. Code § 34-13-3-8); 270 days for claims against state agencies
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Sources
- Official IC 34-11-2 – Limitations of Actions (Indiana General Assembly)
- Corroborating Indiana Personal Injury Statute of Limitations – Nolo
- Corroborating Indiana Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Indiana attorney.