How Long Do You Have to File a Personal Injury Claim in Indiana?

After an accident, filing a lawsuit probably isn’t the first thing on your mind. You may have injuries to treat, medical bills arriving, time away from work, and calls from insurance companies.

But if someone else’s negligence caused your injuries, the clock on your legal claim is already running.

Indiana law sets deadlines for filing personal injury lawsuits. If you wait too long, you could lose your ability to pursue compensation, regardless of how strong your case might have been.

What Is Indiana’s Personal Injury Statute of Limitations?

A statute of limitations sets the amount of time you have to file a lawsuit.

For many personal injury cases, Indiana gives you two years from the date of the injury to file your lawsuit. Indiana Code § 34-11-2-4 establishes this two-year deadline for actions involving injury to a person or character.

That rule can apply to many common personal injury claims, including:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Slip and fall injuries
• Other accidents caused by negligence

For example, if you suffered injuries in a car accident on September 15, 2026, the general two-year rule would typically require you to file your lawsuit by September 15, 2028.

However, you shouldn’t assume that every case follows that exact timeline. The facts of your case can affect the deadline, and certain types of claims have additional requirements.

Why You Shouldn’t Wait Two Years to Contact an Attorney

Knowing the Indiana personal injury statute of limitations doesn’t mean you should wait until the deadline approaches before taking action.

Time can make it harder to build a strong case.

Evidence can disappear. Businesses may overwrite surveillance footage. Vehicles may get repaired or destroyed. Accident scenes can change. Witnesses can move, forget important details, or become harder to find.

The sooner you begin investigating what happened, the better chance you have of preserving evidence that could support your claim.

Waiting can also complicate the documentation of your injuries. Medical records often play an important role in connecting an accident to your injuries and establishing how those injuries affected your life.

Large gaps in treatment or delays in seeking appropriate care give an insurance company another reason to challenge and minimize your claim.

Claims Against Government Entities Can Have Earlier Deadlines

The two-year statute of limitations isn’t the only deadline you need to consider.

If your injury involves an Indiana government entity or government employee, the Indiana Tort Claims Act may require you to provide notice well before the normal two-year filing deadline. 

That means someone who assumes they have two full years to act could miss an important requirement much sooner. Indiana places claims against governmental entities within a separate section of its civil law governing causes of action against the government.

Other circumstances may also change how much time you have. That’s one reason it’s important to discuss your specific situation with an attorney instead of relying on a general deadline you found online.

What Happens If You Miss the Deadline?

Missing the applicable statute of limitations can have serious consequences.

If you file after the deadline, the defendant can ask the court to dismiss your lawsuit. You may then lose your opportunity to recover compensation through that claim.

That could affect your ability to seek compensation for losses such as medical expenses, lost income, pain and suffering, and other damages related to your injuries.

Don’t count on an exception applying to your situation. If you think you may have a personal injury claim, finding out your deadline early can help you protect your options.

Talk To An Indiana Personal Injury Attorney

You don’t need to wait until you’ve finished medical treatment or figured out how to handle the insurance company before speaking with an attorney.

Our law office can review the circumstances surrounding your injury, help you understand the deadlines that may apply, and discuss your options for moving forward.

If someone else’s actions injured you, contact The Law Office of Travis J. McConnell today to discuss your personal injury claim.

Frequently Asked Questions

How long do I have to file a personal injury lawsuit in Indiana?

Indiana generally gives you two years to file a lawsuit for personal injuries. The specific deadline can depend on your circumstances, so you shouldn’t assume the general rule applies to every case.

When does the two-year period start?

For many personal injury claims, the two-year period starts on the date the injury occurs. Certain circumstances can affect how the law calculates the deadline, so an attorney should review the facts of your case.

Should I wait until I recover before contacting an attorney?

No. You can contact an attorney while you’re still receiving medical care. Starting early gives your attorney more time to investigate the accident, preserve evidence, communicate with insurers, and track important deadlines.

Do claims against the government have different deadlines?

Yes. Claims involving Indiana governmental entities can involve special notice requirements and deadlines under the Indiana Tort Claims Act.

What if my accident happened almost two years ago?

Contact an attorney as soon as possible. Don’t assume that you have already missed your opportunity or that an exception will extend your deadline. An attorney can review the dates and circumstances and determine what options may remain.