Indiana Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Indiana, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Indiana is 2 years from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

Wrongful death claims must be filed within 2 years of the date of death — not the date of the negligent act that ultimately caused death.

Medical malpractice claims in Indiana have specific deadline rules that may differ from the general personal injury statute.

2 years from act of malpractice. Total damages capped at $1.8M (IC 34-18-14-3). Medical review panel required.

Indiana recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Discovery rule applied by case law for medical malpractice and latent injury cases.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Indiana, the repose period is 2 years from the date of the act or omission.

Two-year occurrence-based limitation under Indiana Medical Malpractice Act. Discovery tolling limited.

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Indiana, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Indiana government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: 180 days (approximately 6 months) written notice to the government entity. 270 days for claims against state.

Indiana Tort Claims Act. Liability capped at $700,000 per person, $5M aggregate (IC 34-13-3-4).