Statute of Limitations in Indiana. 574-522-1900. Free consults.

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.

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Read what our former clients have to say:

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Statute of Limitations in Indiana