Indiana Statute of Limitations: Filing Deadlines by Case Type (2026 Guide)

A comprehensive guide to Indiana's statute of limitations for civil claims. Find out how long you have to file a lawsuit for personal injury, breach of contract, medical malpractice, debt collection, property damage, and other claims under Indiana law.

Written by Daniel L. Simmons, J.D. · Last updated January 15, 2026

Fact-checked by the CourtDateCalculator.online legal editorial team. Reviewed for accuracy against Indiana Code.

Table of Contents

  1. Overview of Indiana Deadlines
  2. Civil Statute of Limitations by Case Type
  3. Personal Injury Claims
  4. Contract Disputes
  5. Medical Malpractice
  6. Property Damage
  7. Debt Collection
  8. Wrongful Death
  9. Claims Against Government Entities
  10. Criminal Statute of Limitations
  11. Tolling and Exceptions
  12. Legal References
  13. Frequently Asked Questions

Overview of Indiana Statute of Limitations

Indiana's statute of limitations sets strict deadlines for filing lawsuits in both civil and criminal cases. These deadlines are codified primarily in the Indiana Code (IC) Title 34, Article 11 and vary depending on the type of claim. Missing a deadline can result in your case being dismissed, regardless of how strong your claim may be.

The time limits range from as short as 180 days for claims against government entities to 10 years for written contract disputes. Indiana is notable for having one of the longest statute of limitations periods for written contracts among U.S. states. Some claims, such as medical malpractice, have unique procedural requirements including a mandatory medical review panel process.

Key point: The statute of limitations clock typically starts on the date the injury occurred or the date the injury was discovered (or should have been discovered). Always verify the applicable deadline with a qualified Indiana attorney before relying on any general information.

Civil Statute of Limitations by Case Type

The following table summarizes the most common civil statute of limitations deadlines in Indiana. These are general time limits and special rules may apply depending on the specific facts of your case.

Case Type Statute of Limitations Indiana Code
Personal Injury 2 years IC § 34-11-2-4
Wrongful Death 2 years IC § 34-23-1-1
Breach of Written Contract 10 years IC § 34-11-1-1
Breach of Oral Contract 6 years IC § 34-11-1-2
Property Damage 6 years IC § 34-11-2-8
Medical Malpractice 2 years IC § 34-18-7-1
Legal Malpractice 2 years IC § 34-11-2-3
Fraud 6 years IC § 34-11-2-8
Defamation (Libel/Slander) 2 years IC § 34-11-2-4
Product Liability 2 years / 10 years repose IC § 34-20-3-1
Sexual Assault (Adult) 2 years IC § 34-11-2-4
Debt Collection (Written Contract) 10 years IC § 34-11-1-1
Debt Collection (Oral Contract) 6 years IC § 34-11-1-2
Claims Against Government 180 days (notice of claim) IC § 34-13-3-7
Childhood Sexual Abuse Age 20, or 4 years from discovery IC § 34-11-2-25

Important: This table provides general time limits for common civil claims in Indiana. Special rules may apply for claims involving minors, government entities, medical malpractice, products liability, and other specific situations. Always consult with a qualified Indiana attorney for advice on your particular case.

Personal Injury Claims in Indiana

Under IC § 34-11-2-4, Indiana's statute of limitations for personal injury claims is 2 years from the date the injury occurred. This applies to a wide range of cases, including:

  • Car accidents and motor vehicle collisions
  • Truck accidents and commercial vehicle crashes
  • Slip and fall / premises liability cases
  • Assault and battery
  • Dog bites and animal attacks
  • Workplace injuries (outside of workers' compensation)
  • Product liability injuries

Discovery Rule

Indiana courts recognize the "discovery rule" in certain circumstances, which delays the start of the statute of limitations until the plaintiff discovered, or through reasonable diligence should have discovered, the injury and its cause. Indiana applies the discovery rule more narrowly than some other states. It is commonly applied in:

  • Medical malpractice (hidden injuries)
  • Toxic exposure cases
  • Occupational diseases
  • Foreign object cases in medical malpractice

Modified Comparative Fault

Indiana follows a modified comparative fault rule under IC § 34-51-2-6. If you are found to be more than 50% at fault for your own injury, you are barred from recovering any damages. If you are 50% or less at fault, your recovery is reduced by your percentage of fault. This is important to keep in mind when evaluating personal injury claims in Indiana.

Minors

If the injured person is under 18 at the time of the injury, the statute of limitations is generally tolled (paused) until they reach the age of majority. Under IC § 34-11-8-1, the 2-year clock then starts on their 18th birthday, giving them until age 20 to file a lawsuit. However, there are important exceptions for medical malpractice claims.

Government claims exception: If your personal injury claim is against a government entity (city, county, state agency, or public school), you must file a notice of claim within 180 days under the Indiana Tort Claims Act. The regular 2-year deadline does not apply to government defendants.

Contract Disputes in Indiana

Indiana law distinguishes between written and oral contracts, with significantly different statute of limitations periods for each. Indiana is notable for having one of the longest limitations periods for written contracts in the United States.

Written Contracts

Under IC § 34-11-1-1, the statute of limitations for breach of a written contract is 10 years from the date the cause of action accrues (i.e., the date of the breach). This applies to employment agreements, lease agreements, business contracts, promissory notes, and other written agreements. The 10-year period is one of the longest in the country and provides significant time to enforce written contractual rights.

Oral Contracts

Under IC § 34-11-1-2, the statute of limitations for breach of an oral contract is 6 years from the date the cause of action accrues. While longer than many states' oral contract deadlines, it is still significantly shorter than the 10-year period for written contracts. Oral contracts are enforceable in Indiana for most purposes, though certain types of agreements must be in writing under Indiana's Statute of Frauds (IC § 32-21-1-1).

UCC Sales of Goods

For contracts involving the sale of goods, Indiana's version of the Uniform Commercial Code (IC § 26-1-2-725) sets a 4-year statute of limitations. The parties may reduce this to not less than 1 year, but may not extend it beyond 4 years.

Contracts Under Seal

Indiana previously had a longer limitations period for contracts under seal, but the state has largely abolished the distinction between sealed and unsealed instruments. Most contracts are now governed by the standard written or oral contract deadlines.

Note: The statute of limitations for contract claims in Indiana generally begins on the date the breach occurred, regardless of when the breach was discovered. However, parties may include provisions in contracts that modify the limitations period, subject to certain restrictions and reasonableness requirements.

Medical Malpractice in Indiana

Indiana's medical malpractice statute of limitations is governed by IC § 34-18-7-1, part of the Indiana Medical Malpractice Act. Indiana has a unique system that includes both a statute of limitations and a mandatory pre-suit review process.

Statute of Limitations

The statute of limitations for medical malpractice claims is 2 years from the date of the alleged act, omission, or neglect. This is a relatively strict deadline with limited exceptions for discovery.

Statute of Repose

Indiana imposes a 10-year statute of repose under IC § 34-18-7-1(b). No claim may be filed more than 10 years after the date of the last act or omission that gave rise to the claim, regardless of when the injury was discovered. This is an absolute bar with very limited exceptions.

Medical Review Panel Requirement

Before filing a medical malpractice lawsuit in Indiana, plaintiffs must generally submit their claim to the Indiana Department of Insurance and undergo review by a medical review panel. The panel process works as follows:

  • The plaintiff files a proposed complaint with the Indiana Department of Insurance
  • A panel of three healthcare providers (and a non-voting attorney chairperson) is selected
  • The panel reviews the evidence and issues an opinion on whether the evidence supports a finding that the defendant failed to meet the applicable standard of care
  • The panel's opinion is admissible as evidence in any subsequent lawsuit but is not binding

Exceptions to the Panel Requirement

The medical review panel requirement may be bypassed if:

  • The claim is for less than $15,000 in damages
  • Both parties agree in writing to bypass the panel
  • The claim is based on battery (intentional, unauthorized treatment)

Indiana Patient's Compensation Fund

Indiana maintains the Patient's Compensation Fund (PCF) to pay medical malpractice damages that exceed the healthcare provider's individual liability coverage. Qualified providers who pay the required surcharge into the PCF are eligible for excess liability coverage. The total recovery from all sources is currently capped at $1,800,000 for acts of malpractice occurring after June 30, 2019, with the provider's individual liability capped at $500,000 and the PCF covering the remainder up to the total cap.

Warning: Medical malpractice cases in Indiana have strict procedural requirements, including the mandatory medical review panel process and the statute of repose. The 10-year statute of repose is an absolute deadline that cannot be tolled in most cases. Consult with an experienced Indiana medical malpractice attorney immediately if you believe you have a claim.

Property Damage Claims in Indiana

Under IC § 34-11-2-8, the statute of limitations for property damage claims in Indiana is generally 6 years. This applies to:

  • Damage to real property (land, buildings, structures)
  • Damage to personal property (vehicles, equipment, belongings)
  • Trespass to real property
  • Conversion (theft or unauthorized use of personal property)
  • Vandalism and intentional property damage
  • Vehicle accidents causing property damage

The clock generally starts on the date the damage occurred. For latent damage that is not immediately discoverable (such as construction defects), Indiana's discovery rule may apply, but Indiana courts apply it more narrowly than some other states. A separate statute of repose may also limit the time to file for construction-related claims.

Debt Collection in Indiana

The statute of limitations for debt collection in Indiana depends on the type of debt. Indiana is notable for having one of the longest debt collection time limits in the country due to its 10-year limit for written contracts.

Type of Debt Statute of Limitations Legal Basis
Written contract (loans, promissory notes) 10 years IC § 34-11-1-1
Oral contract 6 years IC § 34-11-1-2
Open-ended account (credit cards with written agreement) 10 years IC § 34-11-1-1
Auto loan deficiency 10 years IC § 34-11-1-1
Promissory note 10 years IC § 34-11-1-1

When Does the Clock Start?

For most debts in Indiana, the statute of limitations starts from the date of last payment or the date of default, whichever is later. Unlike some states, making a partial payment or acknowledging the debt in writing may restart the statute of limitations clock in Indiana. This is a critical distinction for debtors with old debts.

Important: After the statute of limitations expires, debt collectors can still attempt to collect the debt, but they cannot successfully sue you. However, making a partial payment or providing a written acknowledgment of the debt may restart the clock. Do not make any payment or written acknowledgment on an old debt without first consulting an Indiana attorney.

Wrongful Death Claims in Indiana

Under IC § 34-23-1-1, the statute of limitations for wrongful death claims in Indiana is 2 years from the date of the decedent's death. This applies when a person's death is caused by the wrongful act or omission of another.

Indiana's wrongful death statute has specific rules about who may file a claim:

  • The personal representative or executor of the decedent's estate must file the claim
  • Damages are distributed to the surviving spouse, children, or other next of kin
  • Indiana does not allow parents to recover for the wrongful death of an adult child without dependency in some circumstances

Adult Wrongful Death Act vs. Child Wrongful Death Act

Indiana has two separate wrongful death statutes:

  • Adult Wrongful Death Act (IC § 34-23-1-1): Applies to deaths of adults. Recovery is limited to the decedent's estate and may include medical expenses, funeral costs, lost earnings, and the decedent's conscious pain and suffering. If there is no surviving spouse or dependent next of kin, damages may be limited.
  • Child Wrongful Death Act (IC § 34-23-1-2): Applies to deaths of unmarried minors without dependents. Parents may recover for the loss of the child's love, companionship, and services, as well as medical and funeral expenses.

Common Wrongful Death Scenarios

  • Fatal car or truck accidents
  • Medical malpractice resulting in death
  • Workplace fatalities
  • Defective products causing death
  • Intentional acts of violence
  • Premises liability incidents

Note: If the wrongful death claim is against a government entity, the 180-day notice of claim deadline under the Indiana Tort Claims Act applies instead. You must file a notice of claim before you can pursue a wrongful death lawsuit against a government entity.

Claims Against Government Entities in Indiana

Indiana imposes a significantly shorter deadline for claims against government entities under the Indiana Tort Claims Act (IC § 34-13-3). The notice requirements vary depending on the type of government entity:

Claims Against Political Subdivisions

Under IC § 34-13-3-7, you must file a written notice of claim with the relevant political subdivision (city, county, town, or other local government entity) within 180 days of the date the injury occurred. The notice must include:

  • The name of the claimant and the address
  • The date, time, and place of the occurrence
  • A description of the injury or damage
  • The names of the government employees involved (if known)
  • The amount of damages claimed

Claims Against the State

Under IC § 34-13-3-6, claims against the State of Indiana must be filed within 270 days of the date the injury occurred. Claims against the state are generally brought in the Indiana Court of Claims.

Scope of Governmental Immunity

The Indiana Tort Claims Act grants governmental entities immunity from liability for certain activities, including:

  • Legislative or judicial functions
  • Adoption or enforcement of laws and regulations
  • Collection of taxes
  • Law enforcement activities (with exceptions)
  • Inspection and regulatory functions
  • Weather conditions (with limited exceptions for known hazards)

Critical: Missing the 180-day (or 270-day for state claims) notice deadline almost always permanently bars your claim against a government entity. Unlike private lawsuits, there is very little room for late filings or exceptions. If you believe you have a claim against a government entity, act immediately and consult with an Indiana attorney.

Criminal Statute of Limitations in Indiana

Indiana's criminal statute of limitations is governed by IC § 35-41-4-2 and related provisions. The deadlines vary based on the severity and type of the offense:

Crimes with No Statute of Limitations

Indiana law permits prosecution at any time for the following offenses (Level 1 or Level 2 felonies, formerly Class A):

  • Murder
  • Aggravated rape
  • Kidnapping
  • Child sex trafficking
  • Home invasion
  • Drug offenses resulting in death

Statute of Limitations by Offense Level

Offense Type Statute of Limitations Legal Basis
Level 3–6 felonies (formerly Class B, C, D) 5 years IC § 35-41-4-2(a)(4)
Misdemeanors (all) 2 years IC § 35-41-4-2(a)(5)
Forgery 5 years IC § 35-41-4-2(a)(3)
Arson 5 years IC § 35-41-4-2(a)(3)
Theft / Receiving stolen property 5 years IC § 35-41-4-2(a)(3)
Identity fraud 5 years from discovery IC § 35-41-4-2(a)(6)

Crimes Against Children (Extended Limits)

For certain sex crimes against children, the state must file charges before the victim's 31st birthday. These include:

  • Child molesting (IC 35-42-4-3)
  • Vicarious sexual gratification (IC 35-42-4-5)
  • Child solicitation (IC 35-42-4-6)
  • Child seduction (IC 35-42-4-7)
  • Sexual misconduct with a minor (IC 35-42-4-9)
  • Incest (IC 35-46-1-3)

If the state discovers DNA evidence for these offenses or the perpetrator confesses, it has 5 years to file charges, even if the statute has expired.

DNA Evidence Tolling

If the state discovers DNA evidence for Level 3, Level 4, or Level 5 felonies that are otherwise time-barred, the state has an additional 1 year to file charges from the date the DNA evidence is discovered.

When Does Criminal Prosecution Officially Begin?

Under Indiana law, prosecution is considered officially commenced on the earliest of the following dates:

  • Information or indictment filed — The state files formal charges with the court
  • Arrest warrant issued — A court issues a valid arrest warrant
  • Valid arrest made — Law enforcement makes a valid arrest of the accused person

This is broader than some states, as Indiana counts the arrest date as the start of prosecution, not just the filing of formal charges.

Challenging Expired Criminal Charges

If you believe the statute of limitations has expired on criminal charges filed against you, your defense attorney can file a motion to dismiss. The court will examine the date the alleged offense occurred, the date prosecution was commenced (filing, warrant, or arrest), and whether any tolling provisions applied.

Note: Indiana eliminated the statute of limitations for murder and certain serious sex offenses where DNA evidence is available. For child sex crimes, the deadline is extended to allow prosecution until the victim turns 31. If DNA evidence is discovered or the perpetrator confesses, the state has 5 years to file charges even if the original statute has expired.

Tolling and Exceptions in Indiana

Under certain circumstances, Indiana law allows the statute of limitations to be "tolled" (paused or extended). Common tolling doctrines include:

Minority (Under 18)

If the plaintiff is under 18 at the time the cause of action accrues, the statute of limitations is tolled until they reach the age of majority. This is codified at IC § 34-11-8-1. The clock starts on the plaintiff's 18th birthday. However, for medical malpractice claims involving children under 6 years old, the claim must be filed by the child's 8th birthday under IC § 34-18-7-1.

Mental Incapacity

If the plaintiff is of unsound mind at the time the cause of action accrues, the statute of limitations may be tolled under IC § 34-11-8-2. The tolling applies only if the incapacity existed at the time the claim accrued, not if it arose afterward.

Defendant's Absence from the State

Under IC § 34-11-6-1, if the defendant is out of the state at the time the cause of action accrues, the statute of limitations does not begin to run until the defendant returns. If the defendant leaves after the cause of action accrues, the time of absence is not counted.

Discovery Rule

Indiana courts recognize the discovery rule in many types of cases. Under this doctrine, the statute of limitations does not begin until the plaintiff discovered, or through reasonable diligence should have discovered, the facts giving rise to the claim. This is particularly relevant in:

  • Medical malpractice (hidden injuries, foreign objects)
  • Toxic exposure and environmental contamination
  • Fraud and misrepresentation
  • Professional malpractice (legal, accounting)
  • Occupational diseases

Fraudulent Concealment

If the defendant fraudulently concealed the facts giving rise to the claim, the statute of limitations is tolled until the plaintiff discovered or should have discovered the claim. Indiana requires the plaintiff to prove that the defendant took affirmative steps to conceal the wrongdoing and that the plaintiff exercised reasonable diligence but still could not have discovered the claim earlier.

Defendant Not Present in State or in Hiding (Criminal)

Under IC § 35-41-4-2, the criminal statute of limitations is tolled when the defendant is not present in Indiana or is in hiding. This prevents criminals from avoiding prosecution by fleeing the state or concealing themselves.

Concealment of Evidence (Criminal)

The criminal statute of limitations is also tolled when the defendant or another party conceals evidence of the offense. The clock does not run while evidence is being concealed.

Theft of Public Funds / Bribery in Public Office (Criminal)

For the offenses of theft of public funds or bribery in public office, the statute of limitations is tolled if the accused person is elected or appointed to office under law or the constitution. This ensures that public officials cannot use their position to avoid prosecution for financial crimes.

Warning: Tolling doctrines are complex and fact-specific. Do not assume the statute of limitations has been extended in your case without consulting an Indiana attorney. Courts apply these doctrines narrowly, and the burden of proving tolling is on the plaintiff.

Indiana Statute of Limitations: Frequently Asked Questions

What is the statute of limitations for personal injury in Indiana?
In Indiana, the statute of limitations for personal injury claims is 2 years from the date of the injury under Indiana Code Section 34-11-2-4. This applies to car accidents, slip and fall cases, assault, dog bites, and other injury claims. Indiana follows the discovery rule in limited circumstances, meaning the clock may start when the injury was discovered or should have been discovered. If your claim is against a government entity, you must file a notice of claim within 180 days under the Indiana Tort Claims Act.
What is the statute of limitations for medical malpractice in Indiana?
Under Indiana Code Section 34-18-7-1, the statute of limitations for medical malpractice is 2 years from the date of the alleged act, omission, or neglect. Indiana also has a 10-year statute of repose that bars claims filed more than 10 years after the last treatment, regardless of when the injury was discovered. Before filing a lawsuit, you must generally submit your claim to the Indiana Department of Insurance and undergo review by a medical review panel, unless the claim is under $15,000 or both parties agree to bypass the panel.
What is the statute of limitations for breach of contract in Indiana?
In Indiana, the statute of limitations for breach of a written contract is 10 years under Indiana Code Section 34-11-1-1, one of the longest in the country. For breach of an oral contract, the limit is 6 years under IC 34-11-1-2. The clock generally starts on the date the breach occurred. Indiana's 10-year written contract deadline is significantly longer than most other states.
What is the statute of limitations for debt collection in Indiana?
In Indiana, the statute of limitations for debt collection depends on the type of debt. Written contracts have a 10-year limit under IC 34-11-1-1, while oral contracts have a 6-year limit under IC 34-11-1-2. Credit card debts with a written agreement generally fall under the 10-year limit. The clock typically starts from the date of the last payment or the date of default. Making a partial payment or acknowledging the debt in writing may restart the clock in Indiana.
How long do I have to file a claim against a government entity in Indiana?
Under the Indiana Tort Claims Act, you must file a notice of claim within 180 days of the injury for claims against political subdivisions (cities, counties, etc.) under IC 34-13-3-7. For claims against the State of Indiana, the notice must be filed within 270 days under IC 34-13-3-6. The notice must include a description of the loss, the governmental entity involved, and the amount claimed. Missing this deadline generally bars your claim permanently.
Can the statute of limitations be extended in Indiana?
Yes, under certain circumstances. The statute of limitations can be tolled (paused) if the plaintiff is a minor, is of unsound mind, if the defendant has left the state, or if the discovery rule applies. Indiana also recognizes fraudulent concealment as a basis for tolling. However, these doctrines are applied narrowly by courts, and the burden of proving tolling is on the plaintiff. Always consult with an Indiana attorney to determine if tolling applies to your case.
What is the statute of limitations for childhood sexual abuse in Indiana?
Under Indiana Code Section 34-11-2-25, victims of childhood sexual abuse may file a lawsuit until the victim reaches age 20, or within 4 years after the victim discovers that the injury was caused by the sexual abuse, whichever is later. Indiana has strengthened these protections in recent years to give victims more time to come forward and seek justice.
Does Indiana have a statute of repose?
Yes, Indiana has statutes of repose for several types of claims. For medical malpractice, there is a 10-year statute of repose under IC 34-18-7-1(b) that bars claims filed more than 10 years after the last act of treatment, regardless of when the injury was discovered. For products liability, there is a 10-year statute of repose under IC 34-20-3-1 that bars claims filed more than 10 years after the product was first delivered to the initial user. These are absolute deadlines that generally cannot be tolled or extended.
What is the criminal statute of limitations in Indiana?
In Indiana, the criminal statute of limitations varies by offense severity under IC 35-41-4-2. Murder, aggravated rape, kidnapping, child sex trafficking, home invasion, and drug offenses resulting in death have no time limit. Level 3 through Level 6 felonies have a 5-year limit. All misdemeanors have a 2-year limit. Certain sex crimes against children must be prosecuted before the victim's 31st birthday. If DNA evidence is discovered for time-barred felonies, the state has an additional year to file charges. Prosecution officially begins when the state files charges, a warrant is issued, or a valid arrest is made.
What happens if I miss the statute of limitations deadline in Indiana?
If you miss the statute of limitations deadline in Indiana, the defendant can file a motion to dismiss the case, and the court will almost certainly dismiss it with prejudice, meaning you cannot refile. This applies to both civil and criminal cases. In civil cases, your claim is permanently barred. In criminal cases, the defendant can challenge the charges as time-barred. There are very limited exceptions, such as tolling for minority, mental incapacity, or the discovery rule, but these are applied narrowly by Indiana courts.

Statute of Limitations in Other States

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Disclaimer: The information on this page is provided for general informational purposes only and does not constitute legal advice. Statute of limitations laws are subject to change and may be affected by recent legislation, court decisions, or the specific facts of your case. Special rules may apply for claims against government entities, medical malpractice under the Indiana Medical Malpractice Act, cases involving minors, and other specific situations. Always consult with a qualified Indiana attorney for advice on your particular situation. CourtDateCalculator.online is not a law firm and is not engaged in the practice of law.