Minors
Children injured in Indiana get a tolling rule: the statute does not begin running until the minor reaches the age of majority. This means a five-year-old injured in a car accident generally has until age 18 + the standard SOL years to file.
Statute of limitations · Indiana
You have 2 years to file a personal-injury lawsuit in Indiana.
The clock starts on the date of injury. The controlling statute is Ind. Code § 34-11-2-4. Filing one day late dismisses the case with prejudice.
What the Indiana statute of limitations actually says
If you were injured in Indiana and intend to sue the at-fault party, the most important date on your calendar is the statute-of-limitations deadline. Nothing else matters if you cross it.
Indiana applies the same 2-year limitations period to personal injury, medical malpractice, and wrongful-death claims (Ind. Code § 34-11-2-4). Property-damage claims run separately, with a 6-year deadline.
The statute itself, Ind. Code § 34-11-2-4, is the controlling authority. Interpretive decisions come from IN Sup. Ct., which has repeatedly enforced the deadline against late-filed plaintiffs.
When does the clock start in Indiana?
Accrual in Indiana means the date you sustained the injury. The fact that you settled with the at-fault driver's insurer or filed a PIP claim does not extend the period. Only a proper civil complaint stops the clock.
Discovery rule
The discovery rule in Indiana is narrowly applied. Courts generally require evidence that the injury was inherently undiscoverable, not merely that the plaintiff was unaware. Routine soft-tissue injuries from a car accident almost never qualify.
What happens if you file late
The consequence of filing one day late is the same as filing one year late , total bar. Indiana courts have repeatedly rejected "near miss" equitable arguments. If the deadline is two years and you file on day 731, the case is dead.
Exceptions that pause or restart the clock
Mental incapacity
Indiana courts have recognized tolling for plaintiffs whose mental condition prevents them from understanding or pursuing their legal rights. The burden of proof is on the plaintiff. Temporary impairment after the accident, such as pain medication or short hospitalizations, does not qualify in most Indiana cases.
Defendant absence from state
If the at-fault party leaves Indiana after the injury, the SOL is typically tolled for the period of absence. Modern long-arm statutes and the increasing availability of service via the Indiana insurance commissioner have narrowed this rule.
Fraudulent concealment
If the defendant actively concealed the cause of action, Indiana courts can extend the SOL until the concealment is discovered or could have been discovered with reasonable diligence. Passive non-disclosure does not usually qualify.
Claims against Indiana government entities
If your injury was caused by a Indiana state or local government entity , a city bus, a police officer, a public-school employee , you generally must file a separate "notice of claim" within a much shorter window (typically 60 to 180 days) BEFORE filing a civil suit. Missing the notice deadline bars the lawsuit even if the longer SOL has not yet expired.
Comparative-fault rule that applies once you file on time
Filing on time gets you into court. Winning at trial is a separate question, and Indiana's comparative-fault rule is the next major hurdle.
Indiana applies modified comparative fault (51% bar). Indiana uses modified comparative fault with 51% bar. Authority: Ind. Code § 34-51-2-6.
All Indiana civil-injury deadlines at a glance
| Claim type | Deadline | Statute | Clock starts |
|---|---|---|---|
| Personal injury (negligence) | 2 years | Ind. Code § 34-11-2-4 | Date of injury |
| Medical malpractice | 2 years | Ind. Code § 34-11-2-4 | Discovery or treatment end |
| Wrongful death | 2 years | Ind. Code § 34-11-2-4 | Date of death |
| Property damage | 6 years | Ind. Code § 34-11-2-4 | Date of damage |
Indiana auto-insurance framework you will encounter
Indiana is a pure at-fault (tort) state for car-accident claims. That means injured parties can sue the at-fault driver directly. The minimum liability coverage required under Ind. Code § 27-7-5 is 25/50/25.
Indiana requires UM coverage at a minimum of 25/50 (Ind. Code § 27-7-5). Stacking treatment: limited.
Indiana damage caps that affect what you can recover
Indiana does not cap non-economic damages in medical-malpractice cases. Punitive damages are limited per statute (3x compensatory or $50K). Authority: Ind. Code § 34-18-14-3.
Indiana statute-of-limitations FAQ
Does Indiana extend the SOL if the at-fault driver leaves the state?
Indiana tolls the running of the SOL while the defendant is absent from the state. The defense bears the burden of proving the dates of absence, and tolling typically does not apply to defendants who can be served via long-arm statute or through their Indiana insurer.
What if the insurance company is still negotiating when the deadline approaches?
Insurance negotiations do not toll the statute. Indiana courts have repeatedly held that an adjuster's willingness to talk settlement is not a waiver of the SOL defense. Plaintiffs' lawyers routinely file protective complaints in the final 30 days even if talks are ongoing.
Does filing a workers' compensation claim extend the personal-injury SOL?
No. A workers' compensation claim is a separate administrative remedy with its own deadlines. If a third party (not your employer) caused the injury, you must still file the civil personal-injury suit within the standard Indiana SOL.
What is "tolling" and when does it apply in Indiana?
Tolling pauses the clock. Indiana recognizes tolling for minority, mental incapacity, defendant absence, and (in narrow cases) fraudulent concealment of the cause of action by the defendant.
If I was hit by a Indiana-registered driver but the crash happened in another state, which SOL applies?
Choice-of-law principles generally apply the SOL of the state where the injury occurred (the lex loci delicti rule), but Indiana courts also look at the borrowing statute and the parties' connections. Cross-state cases benefit from early counsel.
Can the SOL be extended by a written agreement with the defendant?
Yes, in limited circumstances. Indiana permits tolling agreements between the parties that extend the deadline, but they must be in writing, signed by an authorized representative of each side, and entered before the original deadline expires.
Does sending a demand letter to the insurance company stop the clock?
No. Only proper filing of a civil complaint in a Indiana court stops the SOL. Demand letters, pre-suit mediation, and adjuster negotiations have no legal effect on the statutory deadline.
Are there different deadlines for car accidents, slip-and-falls, and dog bites in Indiana?
In most states the personal-injury SOL applies uniformly to negligence-based claims regardless of accident type. Indiana does have separate deadlines for medical-malpractice, wrongful-death, and certain intentional-tort claims, addressed on dedicated pages.
Related Indiana personal-injury topics
Statute of limitations in nearby states
Sources cited on this page
- Indiana personal-injury statute: Ind. Code § 34-11-2-4. Primary authority for the 2-year deadline.
- Comparative-negligence rule: Ind. Code § 34-51-2-6. Establishes modified comparative fault (51% bar) in Indiana.
- Auto-insurance / financial-responsibility: Ind. Code § 27-7-5. Minimum liability 25/50/25.
- Uninsured-motorist coverage: Ind. Code § 27-7-5.
- Damage caps: Ind. Code § 34-18-14-3.
- Court verification: Decisions of IN Sup. Ct., IN Ct. App., accessed via Cornell Legal Information Institute and the CourtListener PACER archive.
Last verified against primary sources on 2026-05-16.