What is the statute of limitations in Indiana?
Indiana civil limitations are codified in I.C. Title 34, Article 11.
1. Personal Injury — 2 Years
I.C. § 34-11-2-4(a): An action for injury to a person or character; injury to personal property; or a forfeiture of penalty given by statute, must be commenced within 2 years after the cause of action accrues.
2. Written Contract — 10 Years (Pre-9/1/1982 contracts) / 6 Years (Post)
For written contracts (other than promissory notes) executed before September 1, 1982 — 10 years (I.C. § 34-11-2-11). For those executed on or after, generally 6 years (I.C. § 34-11-2-9). Promissory notes payable to a particular person: 6 years (I.C. § 34-11-2-9).
3. Oral Contract — 6 Years
I.C. § 34-11-2-7: Actions on accounts and contracts not in writing — 6 years.
4. Property Damage — 2 or 6 Years
I.C. § 34-11-2-4: Personal property — 2 years. Real property injury — 6 years under § 34-11-2-7.
5. Fraud — 6 Years (Discovery Rule)
I.C. § 34-11-2-7(4): Actions for relief against frauds — 6 years. Indiana applies discovery rule (Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind. 1992)).
6. Medical Malpractice — 2 Years (Limited Discovery)
I.C. § 34-18-7-1: A claim for medical malpractice must be filed within 2 years from the date of the alleged act, omission, or neglect, with very limited discovery exceptions (Booth v. Wiley (Ind. 2007)). Minors under 6: until age 8. Medical Review Panel: required pre-suit process for claims over $15,000 (I.C. § 34-18-8-4).
7. Wrongful Death — 2 Years
I.C. § 34-23-1-1: An action for wrongful death must be commenced within 2 years after the death of the person.
8. Other Notable Periods
9. Tolling
I.C. § 34-11-6-1 tolls for minority (under 18) and unsound mind.
This is legal information, not legal advice.
- You have a claim against an Indiana governmental entity (180/270-day notice)
- Your medical malpractice claim must go through Medical Review Panel
- You discovered an injury more than 2 years after a procedure
- I.C. § 34-11-2-4
- I.C. § 34-11-2-7
- I.C. § 34-11-2-9
- I.C. § 34-18-7-1
- I.C. § 34-23-1-1
- I.C. § 34-13-3-8
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.