Indiana Civil Statute of Limitations

Every state has time limits, called statutes of limitations, for filing lawsuits and other civil actions. Indiana's civil statute of limitations laws are generally like other states. Indiana's statutes of limitations range from two to 20 years, depending on the particular type of case. The limitations period begins when the incident happens. For instance, a personal injury case has a two-year statute of limitations, starting when the accident happens.

If the plaintiff could not reasonably discover the injury within the statutory time frame, Indiana law allows them to bring a cause of action after learning of the harm. For example, a toxic exposure might cause an illness not discovered until many years later. The plaintiff still has two years to bring legal action against the manufacturer.

Statutes of limitation ensure that tort claims get filed on time. Plaintiffs must bring claims in a reasonable period of time, while evidence is available and witness memories are fresh. Defendants should not have the threat of litigation hanging over their heads indefinitely.

Indiana's criminal statutes of limitation protect a defendant's right to a speedy trial. The criminal statutes of limitation put time limits on the prosecution. Contact an Indiana personal injury attorney if you need help filing a lawsuit.

Tolling

If a plaintiff can't file a civil lawsuit because they are under a legal disability, the Indiana statute of limitations pauses, or is "tolled," until the disability ends. A legal disability is:

  • Minority (under 18)
  • Mental incapacity

The person has two years after the disability ends to file their claim.

Indiana Civil Statutes of Limitation

The chart below highlights some civil statutes of limitations in Indiana. For more general information, see Details on State Civil Statute of Limitations and Time Limits to Bring a Case: The Statute of Limitations.

Two years

Ind. Code § 34-11-2-4

Five years

Ind. Code § 34-11-2-5

Recovery of real estate

Six years
10 years

(Ind. Code § 34-11-2-11)

Written contracts

20 years

(Ind. Code § 34-11-2-12)

Judgments

Note: State laws are subject to change through the passage of new legislation, court rulings (including federal decisions), ballot initiatives, and other means. FindLaw strives to provide the most current information available. You should consult an attorney or conduct your own legal research to verify the state laws before making any legal decisions.

Civil Statute of Limitations Laws: Related Resources

Get Legal Advice From an Indiana Personal Injury Attorney

The Indiana statute of limitations for personal injury claims is short. If you believe you have a personal injury or other tort claim, you need legal advice from an Indiana litigation attorney so you don't miss your filing deadlines.

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