Updated June 13, 2022

What Is the Statute of Limitations for Personal Injury Cases?

If you have been in an accident caused by someone else’s negligence, life may now seem overwhelming. The physical pain you are experiencing can be debilitating, confusing, and frustrating. 

It’s completely normal to feel lost after an accident, especially one that was caused by someone else’s action or inaction. You may experience medical bills piling up and not being able to pay for them because you’re unable to work. On top of finances and physical injury, accidents can also cause mental and emotional pain. 

At Wilson Kehoe Winingham, we understand this and want to support you through and after your healing process. We will focus on getting you the compensation you deserve so you can focus on you and your loved ones. 

If you or someone you care about has been injured, the last thing you want to worry about is a time limit on legal action. Unfortunately, the reality is that every state has strict deadlines that you must follow if you want to seek compensation for damages

These deadlines are called statutes of limitations. In this article, we cover everything you need to know about the statute of limitations in Indiana.

What Are Statutes of Limitations?

Every state has a set of laws dictating when you can file lawsuits in court. These deadlines are called statutes of limitations, and they are strictly enforced.

Statutes of limitations differ among states, but they also change based on the type of claim you are filing. For example, personal injury cases and rent collection claims might have completely different deadlines.

Statute Of Limitations in Indiana

According to Indiana Code section 34-11-2-4, Indiana’s statute of limitations for personal injury cases is set at two years, meaning you have two years from the day of your accident to file the initial court documentation.

However, there are exceptions to the two year statute of limitations. Sometimes, you have less time to file a lawsuit against an at-fault party. In other cases, you may have more time. 

Whatever the case may be, it’s important to talk to the experienced attorneys at WKW right away. The sooner we can start on your case, the better. That way, we can collect all relevant evidence as soon as possible to build a strong case.

For visual and audio information about Indiana’s statute of limitations, watch WKW’s Indiana Statute of Limitations: Video.

Indiana Statute of Limitations for an Auto Accidents

Indiana car accident law for statute of limitations is the same as personal injury; you have two years from the day of your car accident to file a claim. If you have been in a car accident, contact the car accident attorneys at WKW. We will make sure you get the compensation you deserve. 

The two year period stays the same for the statute of limitations for premises liability claims.

Indiana Statute of Limitations for Medical Malpractice

Just like with car accidents and personal injury claims, you have two years from the date of the medical malpractice to file a claim. However, there is a discovery rule that differs from other statutes of limitations. 

Your symptoms from medical malpractice may take years to show their effect. If you are experiencing negative effects due to the negligence of a medical professional, read more about medical malpractice claim limits here.

When does the Clock Start Ticking?

The strict deadlines for filing personal injury cases can vary from one to six years, and the clock starts ticking on the date of the underlying accident. If you file a lawsuit after the statute of limitations expires, your case will most likely be dismissed.

Statute of Limitations Against Government Entities

If you are wondering about Indiana personal injury statute of limitations against government entities, you should know that you have less than the typical two year limit. In fact, you have between just 180 to 270 days to file a lawsuit against an Indiana government entity, depending on which entity you are filing a claim against. 

This is called the Indiana Tort Claims Act statute of limitations. According to Indiana Code 34-13-3, your claim must be submitted in writing. Talk to our experienced attorneys about the exact Indiana Tort Claims Act statute of limitations for your case.

Exceptions For Legal Disabilities

While rare, exceptions to statutes of limitations do exist. One example involves legal disability. People considered to be legally disabled—including those under 18 years of age as well as individuals who are physically or emotionally disabled—have a different start date to their two-year deadline. Specifically, the statute of limitations begins on the date the legal disability status is removed.

Exceptions for Minors

For minors in Indiana, the statute of limitations starts when the child turns 18. This means that, no matter what age a person is when the personal injury happens, if the harmed person is under the age of 18, their statute of limitations goes into effect when they become a legal adult. 

In more complicated situations like this, it is always a good idea to speak to the personal injury attorneys at WKW. Building a personal injury case takes time. We can discuss the options for your child’s case if they are under 18 years old. Starting a personal injury case right away means that evidence can be preserved better and witness statements, if any, will be more fresh in the witnesses’ minds. 

How quickly should you act after an Injury?

With legal deadlines in place, it’s crucial that you act quickly after you have been injured due to someone’s negligence. The clock starts ticking immediately, and you need every minute to build an effective case. So seek medical attention, collect evidence where possible, and contact an attorney. 

The Indiana statute of limitations for personal injury is standard to two years, but it’s important to contact us right away to be sure about your particular situation. Regardless of the statute of limitations, starting a case right away is always the best case scenario. 

Who Is the Person to Notify of Potential Claims in Indiana?

If you have been in a car accident or other type of injury covered by your insurance, you will report your claim to your insurance company—but it is best to always speak to your attorney first. You can contact WKW if you would like to file a claim.

What If I Run Out of Time Before Filing My Personal Injury Lawsuit?

If you surpass the Indiana statute of limitations for personal injury, auto accidents, medical malpractice, etc., then you do not have the right to file a claim. If you continue to pursue a claim, your case will most likely be dismissed.

Contact a Personal Injury Attorney Today

If you or a loved one have been injured and are considering pursuing a personal injury lawsuit, contact the experienced Indianapolis personal injury lawyers at Wilson Kehoe Winingham. We can help you get the compensation you deserve.

Call 317.886.1924 or fill out an online contact form for a free, no-obligation case evaluation.

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