Indiana Statutes of Limitations
By Susan Buckner, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 24, 2024
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State statutes of limitations set time periods for prosecutors and plaintiffs to file criminal charges and civil actions. Statutes of limitations help protect a defendant’s right to a speedy trial by requiring a prosecutor to file charges within a short period of time. They also ensure civil cases reach court on time while evidence is available and witnesses’ memories are fresh.
Indiana’s statutes of limitations resemble those of most other states. Depending on the nature of the claim, Indiana code sections have a range of limitation periods for tort cases. Personal injury claims have a two-year statute of limitations. In other words, claimants must file a personal-injury lawsuit within two years of a car accident or other injury.
Criminal statutes of limitation prevent prosecutors from filing charges after a certain amount of time. Murder and other violent felonies have no time limit. Most felonies have a five-year statute, and all misdemeanors have a two-year statute of limitations. A defendant can claim a charge is invalid if too many years have passed. You should consult a criminal defense attorney before making this claim.
Under Indiana law, a prosecution begins when a grand jury issues an indictment or when the prosecutor issues a valid warrant. If the defendant is unavailable, the statute is tolled. Tolling pauses the time limit until police find the defendant.
Civil cases begin when a plaintiff knows a harm or injury occurred, such as an accident or contract violation. Sometimes, a plaintiff is unaware that an incident causes an illness or injury. For instance, a medical malpractice case may cause a wrongful death, but the family may not realize it until months or years later. The “discovery rule” extends the legal action deadline from the discovery date.
Get Legal Advice from an Indiana Personal Injury Attorney
If you have a civil or criminal case and are unsure if the statute of limitations is about to expire, you need legal advice from a criminal defense attorney or a personal injury attorney. Get legal advice from a lawyer in your area as soon as possible.