Indiana’s deadline for personal injury claims, in plain words

The general rule: two years

In general, Indiana law allows two years to file a personal injury lawsuit. Indiana Code 34-11-2-4 says an action for injury to person or character, or injury to personal property, must be commenced within two years after the cause of action accrues. Damage to personal property, such as a car damaged in a crash, has the same two-year limit.

Two years can pass quickly while someone is in treatment, dealing with insurers and getting back to work. That is a good reason for people in Carmel and the rest of Hamilton County to talk with a lawyer well before the deadline, not in the last weeks.

When the deadline can be shorter or different

Situation	What Indiana law generally says	Where to read it
Injury to a person	Two years to file	IC 34-11-2-4
Damage to a car or other personal property	Two years to file	IC 34-11-2-4
Damage to a house, fence or other real property	Six years	IC 34-11-2-7
Claim against a city, town or county	Written notice within 180 days after the loss	IC 34-13-3-8
Claim against the State of Indiana	Written notice within 270 days after the loss	IC 34-13-3-6
Wrongful death	Two years, brought by the personal representative	IC 34-23-1-1
Injured child or other person under legal disability	Generally two years after the disability is removed	IC 34-11-6-1
Medical malpractice	Two years from the act, omission or neglect; a child under six has until the eighth birthday	IC 34-18-7-1

Claims against a government unit

If a city, county or state vehicle or employee was involved, Indiana law generally requires a written notice within a much shorter time: 180 days for a city, town or county and 270 days for the state (Indiana Code 34-13-3). The notice must give a short and plain statement of the facts, including the circumstances, the extent of the loss, the time and place, the names of everyone involved if known, the amount of damages sought, and the claimant’s residence. Different fault rules can apply to these claims as well.

Children

When the injured person is a child, Indiana law generally gives extra time. A person under a legal disability when the claim arises, which includes anyone under 18, may generally bring the action within two years after the disability is removed. But medical malpractice claims follow a different rule, below. Ask a licensed Indiana attorney which deadline covers your child.

Medical malpractice

A claim against a health care provider generally must be filed within two years after the date of the alleged act, omission or neglect, except that a child under six has until the child’s eighth birthday to file (Indiana Code 34-18-7-1). This applies regardless of minority or other legal disability. Most of these claims must go to a medical review panel before a court case can proceed; filing the proposed complaint with the Indiana Department of Insurance pauses the deadline until 90 days after the claimant receives the panel’s opinion.

Wrongful death

When a death is caused by another’s wrongful act or omission, the personal representative of the person who died may bring the action, and it must be started within two years (Indiana Code 34-23-1-1). Different rules can apply when the person who died was a child or an adult with no dependents.

Injuries at work

Workers’ compensation has its own clock (Indiana Code 22-3-3-3): a claim with the Worker’s Compensation Board of Indiana generally must be filed within two years after the accident, or two years from the last date temporary disability benefits were paid. If someone other than the employer caused the injury, a separate claim against them generally must be filed within two years too.

What to do now

• Write down the date of the injury and keep it with your records.
• If a public vehicle, employee or property was involved, act quickly because of the notice rules.
• Keep medical records, bills, the crash report and insurance letters together.
• Ask any lawyer which deadline applies, and how the fee works. In Indiana a contingency fee agreement must be in writing and signed by the client.

You can reach a lawyer two ways here: call the free referral line on this page to talk with a participating independent attorney’s office, or use the law firm directory to call a Hamilton County firm directly. Personal Injury Lawyer Carmel is a free attorney referral service, not a law firm.

Questions people ask