Deadlines to File an Injury Lawsuit in Indiana

A lawsuit for injury to a person must be filed within two years after the cause of action accrues. Claims for injury from childhood sexual abuse have longer deadlines.

A lawsuit for injury to personal property (such as a vehicle) must be filed within two years after the cause of action accrues.

A malpractice claim against a health care provider must be filed within two years after the date of the alleged act, omission or neglect (an occurrence-based rule), regardless of minority or other legal disability. A child under 6 has until his or her 8th birthday. In certain situations described in § 34-18-8-6(c), the period is extended by 180 days.

The personal representative must file a wrongful death lawsuit within two years.

A claim against the State is barred unless notice is filed with the Attorney General or the state agency involved within 270 days after the loss. A claim against a city, county or other political subdivision is barred unless notice is filed with its governing body (and, where applicable, the Indiana political subdivision risk management commission) within 180 days after the loss. An incapacitated person has 180 days after the incapacity ends. Total liability of all governmental entities and employees is capped at $700,000 per person and $5,000,000 per occurrence for claims accruing on or after January 1, 2008, and punitive damages are not allowed.