January 01, 2026
If you’ve been injured in Indiana, understanding the Indiana personal injury statute of limitations is critical to protecting your legal rights. Indiana law gives you a limited window of time to file a personal injury lawsuit, and missing this deadline can mean losing your right to recover compensation forever. This guide explains the key deadlines, exceptions, and steps you need to take to preserve your claim.
Understanding Indiana’s Personal Injury Statute of Limitations
In Indiana, you have two years from the date of your injury to file a personal injury lawsuit. This deadline is established by Indiana Code § 34-11-2-4 and applies to most personal injury cases, including car accidents, slip and fall incidents, medical malpractice, and other types of harm.
The clock starts ticking on the date the injury occurs, not when you discover the injury or its cause. This is an important distinction because it means you need to act quickly, even if you’re still recovering or unsure about the full extent of your damages. Understanding when the statute of limitations clock begins is crucial for protecting your personal injury claim.
When Does the Clock Start Ticking?
The statute of limitations clock begins on the date of the incident that caused your injury. For example, if you’re injured in a car accident on January 15, 2024, your two-year deadline would be January 15, 2026. After that date passes, you lose the right to file a lawsuit, regardless of the strength of your case. This is why contacting a personal injury attorney as soon as possible after your injury is so important.
Why Choose Custy Law Firm for Your Personal Injury Claim
At Custy Law Firm, we understand how Indiana’s statute of limitations works and why meeting these deadlines is essential to your case. Our team has extensive experience handling personal injury claims throughout Indiana, and we know the critical steps required to protect your rights within the legal timeframe.
When you contact us, we immediately begin investigating your claim, gathering evidence, and preparing your case for settlement or litigation. We prepare every case as if it will go to trial, which means we’re ready to fight for the maximum compensation you deserve. We don’t let deadlines slip—we make sure your claim is filed properly and on time. If you’ve been injured, call us today for a free consultation. The sooner you reach out, the sooner we can start protecting your future.
Common Personal Injury Cases and Their Deadlines
Indiana’s two-year statute of limitations applies to most personal injury cases:
- Car accidents – Two years from the date of the collision
- Slip and fall accidents – Two years from the date you were injured
- Medical malpractice – Two years from the date of the negligent treatment (or up to two years from discovery if the malpractice could not have been reasonably discovered within the original period)
- Workplace injuries – Two years from the date of the accident
- Dog bite incidents – Two years from the date of the bite
Each of these cases follows the same general rule: you have two years to file your lawsuit. However, some cases have special rules or exceptions that can extend or shorten this deadline. Understanding these exceptions to the statute of limitations is critical to protecting your rights.
Important Exceptions to the 2-Year Deadline
While two years is the standard statute of limitations in Indiana, several important exceptions can change when your deadline expires.
Minors: If you were under 18 years old when you were injured, the statute of limitations clock doesn’t start until you turn 18. This gives you two years from your 18th birthday to file your lawsuit. However, for medical malpractice cases, children under 6 years old have a special rule: they must file their lawsuit by their 8th birthday, regardless of when they turn 18. This protection ensures that young people aren’t disadvantaged by the legal system simply because they’re not yet adults. If you have a minor child who was injured, contact our team immediately to understand your options.
Legally Disabled Individuals: If you were mentally incapacitated or legally disabled at the time of your injury, the clock is paused until you regain competency. This protection ensures that people who cannot make legal decisions on their own aren’t penalized by the statute of limitations. Our experienced attorneys can help you navigate these complex situations.
Nonresident Defendants: If the person who injured you leaves Indiana, the statute of limitations clock stops while they’re out of state. Once they return to Indiana, the clock resumes. This rule prevents defendants from avoiding liability by simply leaving the state. This exception is particularly important in truck accident cases where drivers may travel across state lines.
Concealment: In rare cases, if the defendant actively concealed their involvement in your injury, the statute of limitations may not start until you discover who caused your harm. This exception is narrowly applied and requires specific circumstances. Our personal injury lawyers can evaluate whether this exception applies to your case.
Government Entity Claims: If you’re suing a government agency or employee, different rules apply. You must file a notice of claim within 180 days (for political subdivisions) or 270 days (for the state) before filing your lawsuit. Missing this notice deadline can bar your entire claim. These strict timelines make it essential to contact an attorney immediately if you’ve been injured by a government entity.
What Happens If You Miss the Statute of Limitations
Missing the statute of limitations deadline has serious consequences. Once the two-year period expires, your case becomes “barred,” meaning you lose the right to file a lawsuit. Courts will dismiss your case immediately if you try to file after the deadline, regardless of how strong your claim might be.
This means you lose your opportunity to recover compensation for medical bills, lost wages, pain and suffering, and other damages. The defendant can use the expired statute of limitations as a complete defense, and there’s nothing your attorney can do to help you at that point. This is why acting quickly is so important.
The sooner you contact an attorney, the sooner we can investigate your claim, gather evidence, and file your lawsuit before the deadline passes. Don’t risk losing your right to compensation by waiting too long.
Steps to Protect Your Personal Injury Claim
Taking immediate action after an injury is the best way to protect your legal rights:
- Document the incident – Take photos, write down what happened, and note the date and time
- Gather evidence – Collect medical records, witness contact information, and any other relevant documentation
- Report to insurance – Notify the at-fault party’s insurance company of your injury
- Contact an attorney promptly – Don’t wait to speak with a lawyer about your claim
- File your lawsuit before the deadline – Make sure your case is filed with the court before the two-year period expires
The sooner you take these steps, the stronger your position becomes. Evidence is fresher, witnesses are easier to locate, and your attorney has more time to build a compelling case. Our team at Custy Law Firm is ready to help you protect your personal injury claim from the moment you contact us.
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Indiana?
You have two years from the date of your injury to file a personal injury lawsuit in Indiana. This deadline is set by Indiana Code § 34-11-2-4 and applies to most personal injury cases. If you’re unsure about your specific deadline, contact our team for a free consultation.
Does the statute of limitations apply to settlement negotiations?
The statute of limitations applies to filing a lawsuit, not to settlement negotiations. However, once the deadline passes, you lose your leverage in settlement discussions because the defendant knows you can no longer sue them. This is why hiring an experienced personal injury attorney before the deadline is crucial.
What if I didn’t know about my injury right away?
In most cases, the statute of limitations clock starts on the date of the incident, not when you discover your injury. However, medical malpractice cases have a discovery rule exception that may allow you to file within two years of discovering the negligent treatment. If you believe you have a medical malpractice claim, reach out to us immediately.
Can the statute of limitations be extended?
In limited circumstances, yes. If the defendant was out of state, if you were a minor, or if you were legally disabled, the statute of limitations may be extended. However, these exceptions are narrowly applied, and you should speak with an attorney immediately to understand your specific situation. Our personal injury attorneys can review your case and explain your options.
What should I do if my deadline is approaching?
Contact Custy Law Firm right away. Call us to speak with an attorney about your claim. We can review your case, explain your options, and make sure your lawsuit is filed before the deadline expires. Don’t let time run out on your personal injury claim.
Contact Custy Law Firm Today
Don’t let the statute of limitations deadline pass you by. If you’ve been injured in Indiana, contact Custy Law Firm today for a free consultation. Our experienced team is ready to review your case, answer your questions, and protect your legal rights.
Call us now to get started. The sooner you reach out, the sooner we can help you recover the compensation you deserve. We serve clients throughout Indiana, including Merrillville and Valparaiso.
