Indiana Statute of Limitations for Personal Injury
In Indiana you usually have two years to file an injury lawsuit. Miss the deadline and even a strong case is gone for good.
Key facts
- General deadline
- 2 years (IC 34-11-2-4)
- Wrongful death
- 2 years (IC 34-23-1)
- Claim vs. city/county
- Notice within 180 days
- Claim vs. the state
- Notice within 270 days
A statute of limitations is the legal deadline to file a lawsuit. In Indiana, most personal-injury claims, car crashes, falls, and similar negligence cases, must be filed within two years of the date of injury under Indiana Code 34-11-2-4. If you do not file in time, the court will almost certainly dismiss the case no matter how badly you were hurt or how clearly the other side was at fault.
The two-year general rule
The clock usually starts on the date of the accident. "Filing" means actually starting a lawsuit in court, not just notifying an insurance company or negotiating a settlement. Settlement talks do not pause the deadline, which is why insurers sometimes drag out negotiations as the two-year mark approaches.
Claims against the government move faster
If your injury involves a government entity, a crash with a city vehicle, a fall in a public building, or a dangerous public road, the Indiana Tort Claims Act adds a much earlier step. You generally must file a formal tort claim notice within 180 days for a city or county and within 270 days for the state. Miss that notice window and you can lose the right to sue even though the two-year deadline has not passed. These cases need quick action.
Exceptions that can change the deadline
- Minors. For a child, the deadline is often paused until they turn 18, with the two years running from there, though special rules can apply in medical cases. The details matter, so confirm them.
- The discovery rule. When an injury or its cause could not reasonably have been discovered right away, the clock may start when the person knew or should have known of it. This comes up with certain medical and exposure injuries.
- Wrongful death. A wrongful-death claim has its own two-year deadline under Indiana Code 34-23-1, generally measured from the date of death.
- Contracts and other claims. Different deadlines apply to non-injury matters. This guide covers personal injury only.
Why waiting hurts your case
Even with two years on paper, time works against you. Evidence disappears, vehicles get repaired, surveillance footage is overwritten, and witnesses forget or move away. Medical records are strongest when treatment follows the injury closely. The sooner the facts are preserved, the stronger the claim. If you are weighing whether to act, our guides on what to do after a crash and how settlements work explain the next steps.
If you are not sure where your deadline stands
Deadlines are the one area where guessing is dangerous. A short conversation with an Indiana injury attorney can confirm exactly how much time you have. Most offer a free consultation. If you cannot afford a lawyer for a non-injury civil matter, see Find Free Legal Help.
Frequently asked questions
What is the statute of limitations for personal injury in Indiana?
Two years from the date of injury for most negligence claims, under Indiana Code 34-11-2-4. Some situations, such as claims against the government, require action much sooner.
Does notifying the insurance company stop the clock?
No. Only filing a lawsuit in court within the deadline preserves your claim. Settlement negotiations do not pause the statute of limitations.
Is the deadline different for claims against a city or the state?
Yes. The Indiana Tort Claims Act requires a written notice within 180 days for local government and 270 days for the state, in addition to the lawsuit deadline.