What is the personal injury statute of limitations in Indiana?

1. General Personal Injury

Ind. Code § 34-11-2-4 imposes a 2-year SOL for personal injury, running from when the cause of action accrues.

2. Wrongful Death

Wrongful death actions under Ind. Code § 34-23-1-1 carry a 2-year SOL from the date of death.

3. Medical Malpractice

Ind. Code § 34-18-7-1 imposes a 2-year occurrence-based SOL with limited discovery exceptions. The Indiana Medical Malpractice Act requires submission of a proposed complaint to a medical review panel before suit for damages over $15,000.

4. Discovery Rule

Indiana applies the discovery rule to medical malpractice and continuing torts only when the injury was not discoverable through reasonable diligence (Booth Tarkington Civic Theatre v. Bombadil).

5. Minor / Disability Tolling

Ind. Code § 34-11-6-1 tolls limitations during minority and legal disability; minors generally have until age 20 to file, with medical malpractice minors under 6 having until age 8.

6. Government Defendant

The Indiana Tort Claims Act (Ind. Code § 34-13-3-8) requires written notice within 180 days for political subdivisions and 270 days for the state. Damages capped at $700,000 per person.

7. Product Liability

Ind. Code § 34-20-3-1 imposes a 2-year SOL with a 10-year statute of repose from delivery to initial user.

8. Equitable Tolling / Fraudulent Concealment

Indiana recognizes fraudulent concealment as tolling accrual until discovery; equitable estoppel applies sparingly.

9. Borrowing Statute

Ind. Code § 34-11-4-2 borrows the shorter SOL of the state where the cause of action arose for non-resident plaintiffs.

This is legal information, not legal advice.