Indiana Statute of Limitations for Personal Injury

Jan 22

When you are injured in Indiana through an accident caused by someone else’s negligence, you might want to pursue legal action. If the at-fault party won’t agree to a settlement, you will need to file a personal injury lawsuit within the statute of limitations in the state’s civil court system to receive damages.

The consequences of not adhering to the statute of limitations will almost always result in the loss of the right to bring a legal claim. Get assistance from Blackburn Romey and our personal injury lawyers will help you understand the relevant time limitations. This means you will be able to take timely and appropriate legal actions to pursue fair compensation. 


Statute of Limitations In Indiana 

The statute of limitations for most personal injury cases in Indiana is two years from the date of the injury, according to Indiana Code section 34-11-2-4. This means that if you want to file a personal injury lawsuit, you must do so within two years of the incident. 

The two-year deadline applies to cases such as:

However, it’s advisable to consult with an attorney for advice tailored to your specific situation, as there may be situations that could impact the timeline. For example, medical malpractice claims have additional requirements you must meet before you are even allowed to file a lawsuit. If you want to know what the statute of limitations for all the different states is, please click here.

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When Does the Clock Start Ticking?

The clock for the statute of limitations in personal injury cases starts ticking from the date of the injury. However, in special circumstances where the injury isn’t immediately apparent, the clock may start when the plaintiff discovers or reasonably should have discovered the injury.  

It is important to involve legal professionals to determine the specific details that apply to your situation while to comply with Indiana law.


Exceptions for Indiana Statute of Limitations for Personal Injury

In Indiana, there are exceptions to the standard statute of limitations for personal injury cases. For example, legal disability may delay the application of the statute of limitation in Indiana. If someone is under a legal disability at the time of the injury, the clock for the statute of limitations may be suspended until the disability is lifted (Indiana Code section 34-11-6-1.)

Common situations that may lead to legal disability include the injured party being a minor or lacking the mental capacity to understand their legal rights. In such cases, the time limit may be extended until the individual is no longer under a legal disability.

You never should assume that your deadline to file a personal injury lawsuit is delayed. Consult with a personal injury attorney right away to determine when you must file your lawsuit. If you don’t and miss the deadline, the law could keep you from pursuing your case at all.


Let an Indiana Personal Injury Attorney Help You Understand Time Limits

If you’ve been injured in Indiana, seek the help of a personal injury attorney to understand the time limits for filing a lawsuit. Failure to adhere to these timelines can adversely impact your ability to seek compensation. An attorney from our firm will assess your case and advise how to file it appropriately. Reach out to us today for personalized advice and assistance tailored to your specific situation.

Tom Blackburn

Blackburn Romey founding partner Tom Blackburn graduated with honors receiving a degree from Indiana University at the Robert H. McKinney School of Law. Initiating his legal career in 1977, he has been active in practicing law and currently serves as a member of the Indiana State Bar Association on the Ethics and Advertising Committees, the American Bar Association, the American Association for Justice, as a board member at the Indiana Trial Lawyers Association, and as an appointed member of the Executive Committee for the State of Indiana for the National Trial Lawyers Association.

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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Tom Blackburn, who has more than 47 years of legal experience, including over 39 years specializing as a personal injury attorney.