If you’ve been injured because someone else was negligent or careless, you can seek compensation through a personal injury lawsuit. However, your time frame for taking legal action is limited. In Indiana, the law gives you two years to file a claim: miss that window, and your case may be dismissed before it’s even heard, no matter how strong it is.

The clock starts ticking faster than most people realize, and waiting too long can cost you everything. This article will explain how Indiana’s statute of limitations works, why it matters, and what exceptions might give you extra time. We’ll also cover common scenarios and what to expect once you file.

What Is the Statute of Limitations for Personal Injury in Indiana?

In Indiana, you must file your personal injury lawsuit within two years of the date you were injured. This is not a soft guideline: it’s a hard legal limit. If you miss it, your right to recover maximum compensation will likely be gone, regardless of how serious your injuries are or how obvious the fault is. Here is an overview of the two-year deadline in common injury scenarios.

Car Accidents

If another driver causes a crash and you are hurt, the two-year statute of limitations starts on the date of the auto accident. This applies whether the other driver was distracted, impaired, reckless, or simply careless. If the accident happened on February 10, 2024, you must file your lawsuit no later than February 10, 2026. If you try to file on February 11, the court can dismiss your case automatically. Waiting for the insurance company to respond does not pause the clock, and negotiating a settlement without filing a lawsuit does not preserve your rights.

Slip and Fall Injuries

If you fall on someone else’s property because of unsafe conditions like wet floors, broken stairs, or poor lighting, you have two years from the date of the incident to take legal action. This means that if you fall outside a grocery store on January 5, 2025, you must file your insurance claim by January 5, 2027. Even if you are still receiving medical treatment or waiting for surveillance footage, the legal deadline will not shift.

Dog Bites

Indiana law holds dog owners responsible when their dogs bite or attack someone without provocation. In most cases, victims have two years from the date of the bite to file a lawsuit. Failing to identify the dog owner quickly will not extend the deadline.

Workplace Accidents Outside of Workers’ Compensation

If you are injured at work and a third party caused or contributed to the accident, you may have a personal injury claim outside of the workers’ compensation system. This might include claims against subcontractors, equipment manufacturers, or negligent drivers at a job site. If the injury occurred on June 1, 2023, the deadline to file against the vendor is June 1, 2025.

Other Negligence-Related Claims

Any injury caused by someone else’s careless or reckless actions will fall under the same rule. This includes injuries from defective products, unsafe premises, negligent security, or intentional acts like assault, where a property owner failed to take reasonable precautions. If another person or business caused your injury and you plan to sue for damages, you have two years from the date of the incident to act.

Why the Two-Year Rule Matters

Once the two years are up, your compensation claim is essentially nonexistent. The defendant won’t need to prove anything beyond the fact that you’re late. Insurance companies are watching the clock, too: if they know your deadline is close, they may stall or lowball offers to push you past the civil statute. When that happens, you lose all leverage.

There are exceptions, however. If you didn’t know (and reasonably couldn’t have known) that you were injured, the two-year period may begin when you discover the injury. For example, if you develop breathing issues due to exposure to a toxic chemical at work, but don’t connect it to your job until two years later, the statute could start from the date of that discovery. This rule mostly applies in medical malpractice, toxic exposure, or product liability cases.

Medical Malpractice: Special Rules

With medical malpractice cases in Indiana, the standard deadline to file is two years from the date of the negligent act. However, if the injury was not immediately known, the discovery rule may apply. In that case, you have two years from the date you discovered or reasonably should have discovered the injury.

Other extensions include:

• For minor children who are six years old or younger at the time of the malpractice, Indiana law allows a longer window. A claim can be filed any time before the child’s 8th birthday, regardless of when the injury occurred.
• If the claim involves more than $15,000 in compensatory damages, the case must first be submitted to a medical review panel before it can proceed in court. During that process, the statute of limitations is paused for 90 days after the panel issues its opinion.
• In cases where a healthcare provider actively concealed the malpractice, the deadline may be extended. Courts may also toll the statute if the negligence occurred as part of a continuing course of treatment. In those cases, the two-year period starts when that treatment ends, not when the first mistake was made.

Government Agency Claims and Additional Deadlines

If your injury involves a government entity or employee in Indiana, you are required to file a formal notice of claim before you can sue. For claims against a city, town, or county government, the notice must be filed within 180 days of the incident. If the claim is against the State of Indiana, the deadline extends to 270 days. Filing this notice is a legal prerequisite and does not replace the standard two-year statute of limitations. Both deadlines must be met: missing either one can prevent your case from moving forward, no matter how valid it is.

What Happens if Someone Dies from the Injury?

When a bodily injury results in death, the legal claim changes from a personal injury case to a wrongful death claim. In Indiana, wrongful death lawsuits follow the same two-year statute of limitations, but the clock starts on the date of death, not the date the injury occurred.

This distinction matters. If someone is injured but survives for a period of time before passing away, the timeline resets when they die. The personal injury claim essentially ends at death, and the right to pursue damages passes to the deceased person’s estate or surviving family members. At that point, the claim becomes a wrongful death action under Indiana law.

Can the Deadline Be Paused?

In some cases, Indiana law allows the statute of limitations to be tolled, which means the clock is temporarily paused. While this can happen under specific circumstances, it is not automatic. You must have a valid legal reason, and in most cases, the court must agree that tolling applies. Examples include:

• Incompetence: One situation is when the injured person is mentally incompetent at the time of the injury. If they are unable to understand their legal rights or make decisions about their case, the filing deadline may be delayed until they are deemed competent.
• Underage Victim: While medical malpractice claims involving young children follow different rules, other personal injury claims may allow the statute to be paused until the child’s 18th birthday. From that point, they typically have two years to file a civil lawsuit.
• Defendant Disappears: If the at-fault party leaves Indiana after the injury or actively conceals their identity to avoid being served, the statute may also be paused during the time they are unavailable. This rule prevents people from avoiding responsibility simply by disappearing or hiding.
• Fraud or Deception: In cases involving fraud or deception, the statute may be tolled if the liable party intentionally hides information that prevents the injured person from discovering the claim. This is known as fraudulent concealment, and it must be proven with clear evidence.

If you believe your case qualifies for tolling, it is important to speak with an experienced attorney who can help present the right information to the court. Without a valid legal basis and supporting evidence, the standard statute of limitations will apply.

Why These Time Limits Exist

Statutes of limitations exist to protect the legal process and ensure fairness for both parties. Over time, memories fade, evidence disappears, and witnesses may become unavailable or unreliable. By limiting how long a person has to file a lawsuit, the law helps prevent claims that are based on outdated or unclear facts.

These time limits also protect defendants from being exposed to the threat of legal action indefinitely. Without a clear deadline, someone could face a lawsuit decades after an incident, long after any meaningful defense could be built. The statute of limitations also encourages injured individuals to act promptly: it creates an incentive to pursue legal remedies while evidence is still available and witness recollections are still accurate.

When cases are brought within a reasonable time, courts are in a better position to evaluate the facts and reach a fair outcome. Prompt legal action increases the likelihood that claims are resolved based on solid evidence rather than speculation or memory gaps.

Types of Damages You Can Recover

If you file your lawsuit within the required timeframe and win your case, you may be entitled to recover financial compensation for a variety of losses. This can include payment for medical bills (both current and those expected in the future, related to the injury), and any property damage that occurred. You may also be compensated for lost income if a severe injury kept you from working, as well as for a reduced ability to earn income in the long term.

Beyond financial losses, Indiana law allows injured individuals to seek compensatory damages for pain and suffering, which covers the physical discomfort and emotional distress caused by the injury. Additional compensation may also be available for disfigurement or permanent disability, especially in cases involving serious or life-altering injuries.

In some cases, mental anguish can be claimed, particularly when the injury has had a lasting psychological impact. For fatal incidents, wrongful death damages may cover funeral expenses, medical costs prior to death, and the loss of companionship or financial support to surviving family members.

It is important to note that Indiana places limits on certain types of compensatory damages, especially in medical malpractice cases. These caps can affect how much compensation is available, regardless of the extent of the harm. Because of these limitations, you should consult with a personal injury attorney early to understand what damages may apply in your situation and how state law could affect your recovery.

What Happens After You File a Personal Injury Claim?

Filing your lawsuit within the statute of limitations is a critical first step, but it is just the beginning of the legal process. Once your case is filed, the defendant must be formally served with a copy of the complaint. This notifies them of the lawsuit and gives them a deadline to respond.

The defendant may respond by answering the claims or by filing a motion to dismiss, often attempting to challenge the legal basis of the case. If the case moves forward, both sides enter a phase called discovery. During this stage, each party gathers and exchanges evidence, which may include documents, medical records, witness statements, or depositions.

After discovery, the case may proceed to negotiation, mediation, or trial. Many cases settle during or shortly after discovery, once both sides have a clearer understanding of the strengths and weaknesses of the evidence. However, if a fair resolution cannot be reached, the case may go before a judge or jury.

Filing your lawsuit on time ensures that you retain the legal right to negotiate a settlement or proceed to trial. Without that timely filing, none of these next steps can happen, no matter how strong your claim may be.

Don’t Wait: Speak to Our Indiana Personal Injury Lawyers Today

In Indiana, you have two years to sue for a personal injury. It sounds simple, but life moves fast. Waiting too long, negotiating without legal support, or misunderstanding when the clock started can destroy your case. 

At Habig Injury Law, we don’t believe in running out the clock. Whether you were injured last week or last year, we’ll walk you through your options and give you a clear plan to move forward. Every case starts with a conversation, and yours can start today. For more information or to schedule an initial consultation, contact our law firm today.