Indiana · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Indiana?

Indiana gives you 2 years from the date of injury to file a personal injury lawsuit under Ind. Code § 34-11-2-4.

Updated 2026-05-22 · See all 50 states

Key facts: Indiana

Personal injury deadline
2 years
Ind. Code § 34-11-2-4
Wrongful death deadline
2 years
Ind. Code § 34-23-1-1
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Indiana follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Indiana

Two years for both PI and wrongful death. Wrongful death runs from the date of death. The Tort Claims Act requires notice within 180 days for political subdivisions and 270 days for state agencies under Ind. Code §§ 34-13-3-6 and 34-13-3-8.

Related: Indiana comparative negligence rule

Indiana follows a modified 51% bar rule. Indiana’s Comparative Fault Act (IC 34-51-2) bars recovery when the plaintiff’s fault is greater than 50% of the total. Governmental-tort claims retain contributory negligence under separate provisions.

Read the full Indiana comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Indiana attorney before relying on it.

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Indiana Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Indiana?

In Indiana, the general personal injury statute of limitations is 2 years from the date of injury under Ind. Code § 34-11-2-4. Two years for both PI and wrongful death. Wrongful death runs from the date of death. The Tort Claims Act requires notice within 180 days for political subdivisions and 270 days for state agencies under Ind. Code §§ 34-13-3-6 and 34-13-3-8.

Does Indiana have a separate deadline for wrongful death?

Yes. Indiana's wrongful death statute of limitations is 2 years under Ind. Code § 34-23-1-1. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Indiana personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Indiana personal injury attorney before assuming a claim is barred.

What is Indiana's comparative negligence rule?

Indiana follows a modified 51% bar rule under Ind. Code § 34-51-2-6. Indiana’s Comparative Fault Act (IC 34-51-2) bars recovery when the plaintiff’s fault is greater than 50% of the total. Governmental-tort claims retain contributory negligence under separate provisions.

Where can I read the actual statute?

The controlling statute is Ind. Code § 34-11-2-4. The full text is available on the official Indiana legislature website at https://iga.in.gov/laws/2024/ic/titles/34#34-11-2-4.

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