When you’re injured due to someone else’s negligence, the focus is usually on medical treatment, recovery, and how to cover your medical bills and other expenses related to the accident. If you’re in this stressful situation, you should be aware that waiting too long to take legal action can cost you the right to recover compensation altogether.
Indiana law imposes strict time limits for filing personal injury claims. Known as statutes of limitations, these deadlines control how long an injured person has to file a claim or lawsuit after an accident or injury occurs. If the deadline passes and no claim has been filed, courts will almost always dismiss the case. Insurance companies are well aware of these deadlines and will not hesitate to deny claims that are even slightly late.
What makes the statute of limitations tricky is that not every personal injury case follows the same timeline. While most Indiana injury claims are subject to a two-year deadline, there are exceptions for certain types of cases.
If you’ve recently been injured by someone else’s negligence in Indiana, it’s important to act quickly. Contact the experienced Indiana personal injury lawyers of Habig Injury Law today at 866-296-6128 to discuss your personal injury claim in a free consultation.
What Is the Statute of Limitations in Indiana?
The statute of limitations is simply the legal deadline for filing a personal injury claim or lawsuit. In Indiana personal injury cases it sets how long an injured person has to take their claim to court after an accident or injury occurs.
These deadlines exist for practical reasons. As time goes on, witnesses move or forget details, physical evidence disappears, and records become harder to track down. Indiana’s statute of limitations is meant to keep cases fair by requiring claims to be brought while the facts are still reasonably fresh for everyone involved.
Most personal injury time limits in Indiana can be found in Indiana Code § 34-11. This section of the law outlines how long different types of civil cases can be filed for, and when the clock starts running. In many situations, the deadline begins on the date of the injury, but that’s not always the case. Certain claims follow different rules, and some circumstances can delay when the clock starts.
One of the most common mistakes people make is assuming that dealing with an insurance company buys them more time. It doesn’t. Filing an insurance claim, negotiating a settlement, or continuing medical treatment does not pause the statute of limitations. If a lawsuit isn’t filed on time, the insurance company can walk away from the claim entirely.
General Time Limit for Indiana Personal Injury Claims
For most injury cases in Indiana, the statute of limitations is straightforward: you generally have two years to file a personal injury claim. This rule applies to a wide range of cases, including car accidents, truck accidents, slip and fall injuries, dog bites, and other claims based on negligence. The clock usually starts ticking on the day the accident happened, not when you finish medical treatment or realize how expensive your recovery will be.
Missing this deadline by even a single day can be fatal to a claim. Indiana courts strictly enforce the statute of limitations, and judges have little discretion to make exceptions. If a lawsuit is filed late, the defendant can ask the court to dismiss the case, and the injured person is left without a legal path to compensation.
Although two years may sound like plenty of time, it can pass quickly after an injury. Evidence can disappear, surveillance footage may be erased, and witnesses may become difficult to locate. Waiting too long can also weaken your position with insurance companies, which often drag out negotiations in hopes that the deadline will quietly expire.
Starting the legal process early gives you more control. It gives your Indiana personal injury lawyer more time to investigate what happened, gather medical records, identify all potentially responsible parties, and avoid last-minute filing problems.
When Does the Statute of Limitations Begin to Run?
The general rule is that the clock starts on the day of the accident or incident that caused the injury. For example, in a car accident claim, the statute of limitations usually begins on the date the collision happened. Even if symptoms worsen over time or new complications arise, the original injury date typically sets the deadline.
However, Indiana courts do apply a version of the “discovery rule” in certain cases. Under this rule, the statute of limitations may begin when the injured person knew, or reasonably should have known, that they were injured and that the injury was caused by someone else’s negligence. This most often comes up in cases where the harm isn’t immediately apparent.
That said, the discovery rule is not automatic. Courts apply it narrowly, and the burden is usually on the injured person to show that the injury could not have been discovered earlier through reasonable diligence.
Statute of Limitations Rules for Other Types of Claims
While the two-year statute of limitations applies to most Indiana personal injury cases, some claims follow different rules. These special timelines often trip people up because they can shorten the window to act or add extra procedural steps that must be completed on time.
Medical Malpractice Claims
Medical malpractice cases in Indiana are governed by the Indiana Medical Malpractice Act, which also imposes a two-year statute of limitations. However, these claims are more complicated than standard personal injury cases. The deadline typically runs from the date of the alleged malpractice, not from the date the injury is fully discovered, although limited discovery rule exceptions may apply.
In addition, medical malpractice claims must go through a Medical Review Panel before a lawsuit can proceed in court. While filing with the panel can affect timing, it does not mean injured patients can delay taking action. Strict deadlines still apply, and failing to initiate the panel process on time can permanently bar the claim.
Claims Against Government Entities
Injuries involving state or local government entities are subject to the Indiana Tort Claim Act, which has shorter deadlines. Before a lawsuit can even be filed, the injured person must provide formal notice of the claim to the appropriate government agency.
For claims against the State of Indiana, notice must generally be given within 270 days of the injury. For claims against local government entities, such as cities or counties, the deadline is typically 180 days. If proper notice isn’t given on time, the case may be dismissed even if a lawsuit is filed within two years.
Wrongful Death Claims
Wrongful death claims in Indiana are generally subject to a two-year statute of limitations as well. The clock usually begins on the date of death, not the date of the underlying injury. These cases must also be brought by the proper party, such as an immediate family member or a personal representative of the estate.
Product Liability Claims
Indiana product liability claims also have a two-year deadline, but they are subject to additional restrictions. Indiana law includes a 10-year statute of repose that can bar claims based on how long the product has been in use, regardless of when the injury occurred. This means that claims are only available 10 years from the date that the product was delivered to the first user.
Exceptions That May Extend or Pause the Deadline
Some situations make it unfair or unrealistic to expect an injured person to file a lawsuit within the usual time limits. In limited circumstances, the statute of limitations can be “tolled,” meaning the clock is paused or extended.
Claims Involving Minors
When the injured person is a child, Indiana allows additional time to file a personal injury claim. Because minors cannot legally bring claims on their own, the statute of limitations is generally tolled until the child reaches adulthood. However, this does not mean parents should wait. You may still file a personal injury claim on behalf of your injured child, and it is still best to take legal action as soon as possible.
Mental Incapacity or Legal Disability
If an injured person is legally incapacitated at the time of the injury, the statute of limitations may be paused until the disability ends. This can apply in cases involving severe cognitive impairment or other conditions that prevent someone from managing their own legal affairs. Once the incapacity ends, the clock typically begins to run.
Courts apply this exception carefully, and not every medical condition qualifies as a legal disability. Clear documentation is often required to prove that the injured person was truly unable to pursue a claim during the relevant period.
Fraud or Concealment by the Defendant
In some cases, the statute of limitations may be extended if the defendant actively concealed their wrongdoing or the cause of the injury. If an injured person could not reasonably discover the harm because of intentional misrepresentation or concealment, Indiana courts may toll the deadline until the injury is discovered or should have been discovered.
What Happens If You Miss the Indiana Statute of Limitations?
Missing the statute of limitations in an Indiana personal injury case usually has one outcome: your case gets thrown out. Courts strictly enforce filing deadlines, and once the statute of limitations expires, judges generally have no choice but to dismiss the lawsuit if the defendant raises the issue. At that point, the strength of the evidence, the severity of the injuries, and the fairness of the claim no longer matter.
This means you lose all legal leverage. Even if the other party was clearly at fault, they have no obligation to pay compensation once the deadline has passed. Insurance companies are especially quick to rely on missed deadlines as a defense, and many will simply stop responding once the statute of limitations has expired.
Practical Steps to Protect Your Injury Claim
Understanding the statute of limitations is only part of the equation. Taking the right steps early on can help ensure your claim stays on track and your right to compensation is preserved. Because deadlines are strictly enforced, even small delays or assumptions can have serious consequences. The following practical steps can help reduce risk and protect your injury claim from the start.
Act Early and Don’t Wait for the Deadline
Although the statute of limitations sets a firm deadline, waiting until the last minute to take action can put your claim at risk. Investigations take time, and unexpected issues can cause delays. Acting early gives you breathing room and reduces the chance that a technical mistake or missed filing date will derail your case.
Document Your Injuries and the Accident Thoroughly
Strong documentation can make or break a personal injury claim. Seeking medical care early creates a clear record linking your injuries to the accident. It’s also important to keep copies of medical records, bills, prescriptions, and notes about how the injury affects your daily life. Photos of the accident scene, visible injuries, and property damage can be especially valuable as evidence.
Be Careful When Dealing With Insurance Companies
Insurance adjusters often appear cooperative, but their job is to limit how much the insurer pays. Lengthy negotiations can push a case closer to the statute of limitations without offering real protection. Adjusters may also offer quick, lowball settlements that do not account for the full extent of damages. It’s best to speak with an experienced Indiana personal injury lawyer who can deal with the insurance company on your behalf.
Speak With an Indiana Personal Injury Lawyer Early
An experienced Indiana personal injury lawyer can calculate the correct deadline, identify any special rules that apply, and make sure key steps are handled on time. Early legal guidance also helps you preserve evidence, avoid common pitfalls, and protect your right to file a lawsuit if negotiations fail.
Contact Our Indiana Personal Injury Lawyers
Indiana’s statute of limitations leaves little room for error. Waiting too long can permanently cost you the right to financial compensation. If you’ve been injured, speak with the dedicated Indiana personal injury lawyers of Habig Injury Law as soon as possible to protect your claim. Contact our firm today at 866-296-6128 to learn more about your legal options in a free consultation.
