Statute of Limitations in Indiana

 Key Takeaways:

• The standard Indiana statute of limitations for personal injury gives plaintiffs two years to file a lawsuit.
• Specific exceptions exist for minors, allowing them extra time to file after turning 18.
• Claims against government entities have accelerated notice deadlines of 180 or 270 days.
• Missing the filing deadline generally results in the dismissal of your case.

What Is the Statute of Limitations in Indiana?

The statute of limitations in Indiana is a strict legal deadline for filing a civil lawsuit after suffering harm. Under Indiana Code 34-11-2-4, victims generally have exactly two years from the date of the accident to take legal action against the at-fault party. If you miss this deadline, you lose your right to seek financial recovery for medical bills, lost wages, and property damage.

Timelines for Specific Types of Accidents

While the standard statute of limitations in Indiana applies to most personal injury claims, the two-year deadline covers many distinct scenarios. The deadlines for these common cases include the following:

• Car accidents: Two years from the date of the collision.
• Slip and fall: Two years from the date the injury occurred on the property.
• Hit-and-run accidents: Two years from the date of the crash, even if the driver is initially unknown.
• Bike accidents: Two years from the date the rider was struck.
• Medical malpractice: Two years from the date of the negligent act, though minors under the age of six have until their eighth birthday to file.

Exceptions to the Statute of Limitations

Certain legal circumstances can alter the standard timeline for filing an injury claim, such as:

• Injuries to Children: Minors under the age of 18 cannot file their own personal injury lawsuits. While parents or guardians can file on their behalf immediately, the state provides an extension for the injured child. If a claim is not filed during their childhood, the victim has until two years after their 18th birthday to pursue the lawsuit.
• Wrongful Death: When an incident results in a fatality, the surviving relatives or the estate representative can file a wrongful death These claims must be initiated within two years from the date of the victim’s death, rather than the date the accident occurred.
• Cases Against the Government: If your injury was caused by a state or local government entity (such as a city bus or a poorly maintained public facility), the standard two-year limit does not apply for initial notifications. Instead, victims must submit a formal notice of claim within 180 days for a city or county agency, or 270 days for a state government agency. Furthermore, “punitive” damages cannot be awarded against the government, and recovery amounts are strictly capped.

Why You Should Immediately Contact a Personal Injury Lawyer

Acting quickly after an accident is crucial for protecting your legal rights and building a strong case. Such reasons are as follows:

• Not Missing Deadlines: Failing to meet the Indiana statute of limitations for personal injury means your case will likely be dismissed upon the request of the defendant. A lawyer can help you track these dates precisely so your case remains valid.
• Preserving Evidence: Evidence is highly time-sensitive. Crucial materials (such as CCTV footage, vehicle debris, and clear witness testimonies) can be lost or erased quickly.
• Avoiding Mistakes: After an accident, insurance companies and opposing legal teams immediately start working to devalue your claim. A seasoned lawyer can shield you from their tactics, allowing you to focus on your medical recovery instead of negotiating with adjusters.

Get the Legal Guidance You Need on Knowing When to File Your Claim From Our Indiana Personal Injury Lawyers at Wilson & Kinsman, LLC

If you need the assistance of an experienced legal team, our Indiana personal injury lawyers at Wilson & Kinsman, LLC are here to help. Call 574-522-1900, book online now, or submit a form for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.