Indiana Statutes of Limitations

NOTE: The Indiana Supreme Court has issued orders due to the COVID-19 pandemic that may affect your legal rights. Specifically:

• Medical professionals may not be held liable for acts or omissions in the course of their response to the public health emergency.
• Statutes of limitations are tolled until Aug. 14, 2020.

Does Indiana Have a Statute of Limitations?

Yes: The statute of limitations in Indiana limits the amount of time you have to bring a legal claim. It’s crucial to be aware of the Indiana statute of limitations for personal injury cases like yours in order to protect your legal rights.

What Is the Statute of Limitations in Indiana?

Indiana Statute of Limitations for Personal Injury and Negligence: Ind. Code § 34-11-2-4 (a) (1)

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The statute of limitations in Indiana for personal injury and negligence cases is two years. Cases not brought within this time period will likely be thrown out of court.

“(a) An action for: (1) injury to person or character … must be commenced within two (2) years after the cause of action accrues.” (Ind. Code Ann. § 34-11-2-4)

Deadline for Fraud Actions

6 Years

“The following actions must be commenced within six (6) years after the cause of action accrues:

“(4) Actions for relief against frauds.” (Ind. Code Ann. § 34-11-2-7)

The discovery rule applies to fraud cases:

“Under Indiana’s discovery rule, a cause of action accrues and the statute of limitations begins to run when the plaintiff knew or, in the exercise of ordinary diligence, could have discovered that an injury had been sustained as a result of the tortious act of another.” (Doe v. United Methodist Church, 673 N.E.2d 839 (1996))

Toxic Tort

2 Years

“Except as provided in section 2 of this chapter, a product liability action must be commenced:

“(1) within two (2) years after the cause of action accrues; or

“(2) within ten (10) years after the delivery of the product to the initial user or consumer.

“However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues.” (Ind. Code Ann. § 34-20-3-1)

Statutes of Repose

• Construction Defects: Ten years from substantial completion of an improvement to real property or 12 years after the completion and submission of plans and specifications to the owner if the action is for a deficiency in the design of the improvement to real property (I.C. § 32-30-1-5)
• Product Defects: Ten years after delivery or two years after the injury in question (I.C. § 34-20-3-1)

Wrongful Death

2 Years

“When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission.” (Ind. Code Ann. § 34-23-1-1)

Is There a Time Limit to File a Medical Malpractice Suit?

Yes: Under Indiana code, a statute of limitations defines the deadline for a malpractice claim against a medical professional.

What Is the Indiana Medical Malpractice Statute of Limitations?

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The statute of limitations in Indiana for medical malpractice is two years.

“A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor’s eighth birthday to file.” (Indiana Code Ann. § 34-18-7-1)

“In general, a plaintiff’s lay suspicion that there may have been malpractice is not sufficient to trigger the two-year period” defined by the medical malpractice statute of limitations. However, “a plaintiff need not definitely know or be informed that malpractice caused his or her injury to trigger the beginning of the statutory time period.” (Houser v. Kaufman, 972 N.E.2d 927 (Ind. App. 2012))

For purposes of the limitations period for a medical malpractice claim against a physician, reasonable diligence requires a patient to take action if they knows of both the injury and/or disease and the treatment that either caused or failed to identify or improve it.

Indiana Malpractice Statute of Limitations (Non-Medical)

There is a two-year statute of limitations on claims of non-medical malpractice, such as legal malpractice. There may be certain exceptions to this limitation based on the discovery rule, but for the most part, a delay in pursuing a malpractice claim could be detrimental.

Product Liability

2 Years

“Except as provided in section 2 of this chapter, a product liability action must be commenced:

“(1) within two (2) years after the cause of action accrues; or

“(2) within ten (10) years after the delivery of the product to the initial user or consumer.

“However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues.” (Ind. Code Ann. § 34-20-3-1)

The two-year statute of limitations applicable to product liability actions begins to run from the date the plaintiff knew or should have discovered that they suffered an injury or impingement and that it was caused by the product. Once the plaintiff’s doctor expressly informs them that there is a reasonable possibility that the injury was caused by a product, the statute of limitations begins to run. (Degussa Corp. v. Mullens, 744 N.E.2d 407 (Ind. 2001))

Who Can Be Sued Under the Indiana Product Liability Act?

Product liability claims may be filed against manufacturers, retailers, and marketers when a product causes direct harm. In order for the seller to be held liable, they must be engaged in actively selling the product and the consumer must be part of a subset of people that could be expected to be harmed while using the unaltered product.

Asbestos and Radiation Injuries

The statute of limitations is two years for asbestos- and radiation-related injuries. The discovery rule applies.

Can I Sue a Government Entity in Indiana?

You can pursue a claim for damages against a municipality in some instances, which are outlined in the state’s Tort Claims Act. An experienced attorney will be able to tell you if your case meets the requirements of this law.

How Long Do I Have to File a Tort Claim Under the Indiana Tort Claims Act Statute of Limitations?

People wishing to file a claim against the state or a state agency must submit written notice to the attorney general or the agency involved within 270 days of the incident in question. Local municipalities may have shorter deadlines, often as little as 180 days.

Comparative Negligence

A plaintiff may not recover damages if they are 50% or more responsible for their injuries.

Charitable Immunity

Indiana charitable organizations are not immune to prosecution.

Legal Disabilities

In cases of legal disability, plaintiffs have two years from the removal of that disability to take legal action. For minor plaintiffs, this begins at their 18th birthday except in product liability cases, in which the statute of limitations is not tolled.

Malpractice Damages

Medical malpractice awards are limited by statute; the amount will vary depending on the circumstances of the specific case.

Punitive Damages

In wrongful death cases, punitive damages are not allowed. In personal injury cases, punitive damages may be awarded but may not be greater than three times the amount of compensatory damages awarded in the action or $50,000 (whichever is greater). Punitive damages are paid to the clerk of the court, who then pays 25% of the award to the plaintiff and 75% to the state’s violent crime victim compensation board.

No-Fault Insurance

Indiana is not a no-fault state.

Consumer Fraud Complaints

Consumers may file complaints with the Attorney General’s Office online or by mail. You can also call (317) 232-6330 or 1-800-382-5516 for more information.

Frequently Asked Questions