Key Takeaways
- Deadline – Indiana has a strict two-year deadline for the filing of a personal injury lawsuit , and the clock starts on the date that the injury occurs, not when medical treatment concludes.
- Exceptions – Some factors can drastically shorten your time to act, like the 180-day notice requirement for government claims and unique procedural hurdles for medical malpractice.
- Seeking legal assistance – Hiring an attorney early ensures that crucial evidence like surveillance video or defective machinery can be secured and cataloged, while protecting you from insurance companies looking to stall.
The Clock Is Ticking on the Indiana Personal Injury Deadline
2 years
the general deadline to file an Indiana personal injury lawsuit —
counted from the date of injury, not the date treatment ends
If you’ve been injured in Indiana and someone else may be at fault, you generally have two years from the date of the injury – not the date your treatment ends – to file a personal injury lawsuit. Some people mistakenly believe that the entire case will need to be resolved within two years, but the statute of limitations only applies to the filing.
So, if you have been injured and you believe another party may be at fault, it’s imperative that you seek legal counsel as quickly as possible.
How Long to File a Personal Injury Claim in Indiana – Crucial Exceptions
While the two-year window is the general rule for Indiana’s statute of limitations, certain factors can alter your timeline.
- Government entities and the Tort Claims Act – Any accidents that involve city, county, or state vehicles or property unfortunately have a much smaller window for claims. Per the Indiana Tort Claims Act, injured individuals involved in an incident with public entities must file a claim within 180 days of the event, or else the case will be entirely barred.
- Medical malpractice and medical review panels – Medical malpractice claims must undergo review by a medical review panel, per the Indiana Medical Malpractice Act. Injured parties who wait until the last minute to file can make it extremely difficult for attorneys to investigate the case, retain appropriate experts, and pursue justice for personal injury or wrongful death.
- Claims involving minors – Sometimes, parents mistakenly believe that they can wait until a child turns 18 before pursuing a claim. While some aspects of the Indiana statute of limitations for personal injury can be extended in light of a minor being involved, details vary significantly depending on the type of claim. It’s best to speak with a lawyer as soon as possible so a clear timeline can be established.
Deadlines at a glance
| Situation | Filing deadline / rule |
|---|---|
| Standard personal injury claim | 2 years from the date of injury |
| Claims involving government entities (Indiana Tort Claims Act) | 180-day notice requirement |
| Medical malpractice | Two-year rule applies, plus a mandatory medical review panel |
| Claims involving a minor | May be extended – details vary by claim type |
What Happens If the Filing Deadline Is Missed?
⚠ Warning: If the statute of limitations expires for your personal injury claim, or your tort claim notice is missed, the claim will be permanently barred and you will lose your rights to compensation.
As deadlines approach, some people mistakenly believe that a lawyer will be able to file a quick document to “save” a case with only days remaining. Unfortunately, this isn’t true. Since some cases are exceptionally complex, particularly medical malpractice cases, many law firms will have to turn them down when not given time to prepare.
Our team has had to do this when we did not have sufficient time to gather records, investigate, analyze the evidence, and hire the appropriate experts to pursue a claim. We have an ethical obligation to ensure there is a good-faith basis to proceed with a case, and the available time plays a critical role, giving all the more reason to reach out to us early.
The Hidden Dangers of Waiting
Waiting to file a claim doesn’t just put you at risk of passing the Indiana personal injury deadline, as it can also pose problems for an otherwise viable case.
- Disappearing evidence – Over the course of two years a lot can happen. Witnesses move, memories fade, surveillance videos are overwritten, and critical electronic data from vehicles can be lost. Plus, in product liability cases, injury-causing machines might be repaired or put back into service, destroying evidence. When you work with an experienced legal team from the start, though, they will ensure all bases are covered and vital information is retained for your case.
- Insurance stall outs – Insurance companies are always worried about their bottom line and will fiercely protect their interests. While some insurance companies will warn you about upcoming statutes of limitations, many others will not be forthcoming, will drag out communications, stop responding, or delay negotiations in the hope that deadlines pass. Stephenson Rife fights to shield clients by managing all insurance communications and working to prevent adjusters from lowering payouts.
FAQs on Indiana Personal Injury Cases
What if I didn’t discover my injury or medical issue right after the incident occurred?
In some instances, it may appear that the statute of limitations has expired, but the limitations are actually eligible to be extended, such as in medical malpractice cases when certain information comes to light. Having said that, you should not bank on such scenarios and always assume the strictest timeline will apply to your case, meaning you should seek a lawyer promptly.
How much does it cost for an attorney to evaluate my deadline and investigate my claim?
Stephenson Rife operates on a contingency fee basis and provides free initial consultations, meaning it costs you nothing out of pocket for our review of your case timeline and the evidence preservation process.
Contact Our Team for Help
| If you’re worried about how long you have to file a personal injury claim in Indiana, be proactive and contact our attorneys today. We can examine your case and let you know the next steps to take. |