Indiana Statute of Limitations: Filing Deadlines by Case Type

Indiana gives personal injury victims two years to file suit under IC 34-11-2-4, general written contracts a 10-year window under IC 34-11-2-11, and fraud or oral contract claims six years under IC 34-11-2-7. Missing any deadline bars your claim permanently.

Hurt in Indiana? If you are still within the deadline above, you can estimate what your injury claim may be worth with our free Indiana personal injury settlement calculator. It gives an instant range based on your medical costs and Indiana's fault rule (general information, not legal advice).

What Is a Statute of Limitations?

A statute of limitations is a law that sets a maximum time period for filing a legal action. Once that deadline passes, the right to bring the case is lost. Indiana enforces these deadlines strictly in both civil and criminal matters.

In civil cases, if you miss the filing deadline, the defendant can ask the court to dismiss your claim. The court will almost always grant that request. In criminal cases, prosecutors lose the ability to bring charges once the statutory period expires, with certain exceptions for the most serious offenses.

Understanding these deadlines is critical for anyone involved in a legal dispute in Indiana. The sections below cover every major category of civil and criminal statute of limitations under Indiana law.

Indiana Civil Statute of Limitations

Indiana Title 34, Article 11 governs civil statutes of limitations. These deadlines determine how long you have to file a lawsuit after an injury, breach of contract, or other civil wrong. The clock typically starts on the date the incident occurs or, in some cases, the date you discover the harm.

Personal Injury (2 Years)

Under IC 34-11-2-4, you have two years from the date of injury to file a personal injury lawsuit in Indiana. This applies to car accidents, slip and fall injuries, assault and battery, and most other cases involving bodily harm.

The two-year deadline applies regardless of how minor or severe the injury is. If you fail to file within this window, the defendant can move to dismiss, and the court will grant it.

Wrongful Death (2 Years)

Indiana gives the personal representative of a deceased person two years from the date of death to file a wrongful death lawsuit under IC 34-23-1-1. Damages can include medical expenses, funeral costs, and lost earnings of the deceased.

Medical Malpractice (2 Years)

Medical malpractice claims in Indiana fall under a separate statute, IC 34-18-7-1. A patient must file a proposed complaint within two years of the alleged act or omission by a healthcare provider.

There is an important exception for young children. A minor under six years of age at the time of the malpractice has until their eighth birthday to file a claim.

Filing a proposed complaint with the Indiana Department of Insurance tolls the statute of limitations through a period of 90 days following the claimant's receipt of the medical review panel's opinion (IC 34-18-7-3).

Libel and Slander (2 Years)

Defamation claims, including both libel (written) and slander (spoken), must be filed within two years under IC 34-11-2-4.

Property Damage

Indiana distinguishes between personal property and real property when setting filing deadlines.

Personal property damage carries a two-year statute of limitations under IC 34-11-2-4(2). This covers damage to vehicles, electronics, clothing, and other movable belongings.

Real property damage allows six years to file under IC 34-11-2-7. Real property includes land, buildings, and permanent structures attached to land.

Trespass

The deadline for a trespass claim depends on what was interfered with, because Indiana does not have a single trespass limitations statute.

Trespass to personal property (chattels) is an injury to personal property, so it carries the two-year deadline in IC 34-11-2-4(2).

Trespass to real property is not covered by IC 34-11-2-4 at all. That section reaches only injury to person or character, injury to personal property, and a forfeiture of penalty given by statute. A trespass on land falls instead under IC 34-11-2-7(3), which covers actions for injuries to property other than personal property and allows six years.

Product Liability (2 Years, With a 10-Year Repose)

Product liability lawsuits must be filed within two years after the cause of action accrues under IC 34-20-3-1. Indiana also imposes a 10-year statute of repose, measured from the date the product was first delivered to the initial user or consumer.

If the cause of action accrues between 8 and 10 years after initial delivery, the plaintiff has two years from the accrual date to file, even if the 10-year repose period has passed.

Fraud (6 Years)

Claims based on fraud must be filed within six years under IC 34-11-2-7(4).

Contracts

Indiana applies different deadlines depending on the type of contract.

Written contracts (general): 10 years under IC 34-11-2-11. This covers most written agreements, mortgages, and deeds of trust.

Written contracts for the payment of money: 6 years under IC 34-11-2-9. This applies to promissory notes, bills of exchange, and deposit accounts executed after August 31, 1982.

Oral contracts: 6 years under IC 34-11-2-7.

Employment claims: 2 years under IC 34-11-2-1, which covers an action relating to the terms, conditions, and privileges of employment, including hiring or the failure to hire, suspension, discharge, discipline, promotion, demotion, retirement, wages, or salary. That statute expressly excepts actions based upon a written contract, so a suit for breach of a written employment agreement is not limited to two years. It runs on the general written-contract deadline of 10 years under IC 34-11-2-11 instead.

Debt Collection and Judgments

Actions to collect on an account must be filed within six years (IC 34-11-2-7). Be aware that a written acknowledgment of the debt or a partial payment can restart the limitations clock.

Actions to collect on a judgment are allowed for 20 years under IC 34-11-2-12. Creditors may also renew a judgment in court for an additional 10-year period.

Collection of Rents (6 Years)

Actions for the use, rents, and profits of real property must be filed within six years under IC 34-11-2-7.

Complete Civil Statute of Limitations Table

Tolling Provisions in Indiana

Indiana law pauses (tolls) the statute of limitations under certain circumstances. When the clock is tolled, the deadline is extended by the amount of time the tolling condition existed.

Minors

Under IC 34-11-6-1, a person who is under a legal disability when the cause of action accrues, which includes being under 18, may bring the action within two years after the disability is removed. Read the statute closely: it grants a two-year window measured from the 18th birthday, not a fresh start on the original filing period. For a claim that already carries a period longer than two years, the minority rule adds nothing beyond that two-year window.

For example, a minor injured at age 16 in a car accident would have until age 20 to file a personal injury lawsuit.

Two of the claim types described above are carved out of this rule entirely. Medical malpractice runs under IC 34-18-7-1, which states that it applies to all persons regardless of minority or other legal disability, subject only to the separate provision giving a minor under six years of age until the eighth birthday. Product liability runs under IC 34-20-3-1, which likewise applies to all persons regardless of minority or legal disability and says so notwithstanding IC 34-11-6-1. Being a minor does not toll either of those deadlines.

Legal Incapacity

If a person is under another legal disability, such as having been declared incompetent by a court, when the cause of action accrues, IC 34-11-6-1 gives that person two years after the disability is removed to bring the action.

Defendant Leaves the State

If a defendant leaves Indiana after the cause of action accrues, the time the defendant spends outside the state does not count toward the limitations period.

Fraudulent Concealment

When a defendant actively conceals wrongdoing, Indiana courts may toll the statute of limitations until the plaintiff discovers or should have discovered the concealed wrong.

Discovery Rule

Indiana applies a limited discovery rule. In medical malpractice cases, if the injury is not and could not have been discovered within the standard two-year period, the statute of limitations resets to two years from the date of discovery. Indiana courts have found that a strict application of the medical malpractice deadline without a discovery rule would be unconstitutional.

Indiana Criminal Statute of Limitations

Indiana Code IC 35-41-4-2 sets time limits for when prosecutors must bring criminal charges. The seriousness of the offense determines the length of the limitations period.

No Time Limit (Murder and Level 1/Level 2 Felonies)

There is no statute of limitations for murder in Indiana. Prosecutors can bring murder charges at any time, regardless of how many years have passed since the crime occurred.

The same applies to Level 1 and Level 2 felonies (or Class A felonies for crimes committed before July 1, 2014). These are Indiana's most serious criminal offenses, including attempted murder, kidnapping, and certain drug dealing charges.

Five Years (Level 3 Through Level 6 Felonies)

For Level 3, Level 4, Level 5, and Level 6 felonies (or Class B, C, and D felonies for crimes before July 1, 2014), prosecutors must file charges within five years of the offense. This covers a wide range of crimes, including burglary, robbery, theft, forgery, and many drug offenses.

Two Years (Misdemeanors)

All misdemeanor charges in Indiana must be filed within two years of the offense.

Sex Crimes Against Minors

Indiana provides extended filing deadlines for sex crimes committed against children. Under IC 35-41-4-2(e), the statute of limitations for the listed sex crimes against minors (including child molesting, vicarious sexual gratification, child solicitation, child seduction, sexual misconduct with a minor, and incest) does not expire until the victim reaches 31 years of age.

These child sex offenses are excluded from the general one-year DNA-discovery extension available for other felonies. Instead, under IC 35-41-4-2(p), if DNA evidence, a recording, or a confession identifying the offender is discovered after the age-31 deadline has passed, prosecutors may still bring charges within five years of the earliest of those discoveries.

2025 Legislative Update: Senate Bill 151

The Indiana legislature passed Senate Bill 151, effective July 1, 2025, which extended the window for prosecuting rape as a Level 3 felony when new DNA evidence is discovered. Under the previous law, charges could be brought within five years of discovering new DNA evidence, a recording, or a confession. The updated law extends this window to 10 years from the discovery of DNA evidence for Level 3 felony rape cases.

Tolling of Criminal Statute of Limitations

The criminal statute of limitations is paused when the accused is a nonresident of Indiana, is absent from the state, or conceals themselves or evidence of the crime. The limitations period resumes when the defendant returns to Indiana or is identified.

A prosecution is considered timely commenced on the earliest of these dates:

• The filing of an indictment, information, or complaint before a court with jurisdiction
• The issuance of a valid arrest warrant
• The arrest of the accused by a law enforcement officer without a warrant, if the officer has authority to make the arrest

If a complaint, indictment, or information is dismissed due to an error, defect, or irregularity, a new prosecution may be commenced within 90 days of the dismissal, even if the limitations period has otherwise expired.

Complete Criminal Statute of Limitations Table

How Indiana Compares to Neighboring States

Indiana's civil statutes of limitations are generally in line with its neighbors, though some differences are worth noting.

For personal injury, Indiana's two-year deadline is the same as Ohio's two years under ORC 2305.10 and Illinois's two years under 735 ILCS 5/13-202. Michigan is more generous, allowing three years under MCL 600.5805(2). Kentucky is the strictest of the group: KRS 413.140 is captioned "Actions to be brought within one year," and subsection (1)(a) gives a plaintiff just one year to sue for an injury to the person.

For written contracts, Indiana's 10-year deadline for general written contracts is among the longest in the region. Illinois also allows 10 years under 735 ILCS 5/13-206, while Ohio allows six years under ORC 2305.06.

On the criminal side, Indiana's approach of eliminating the statute of limitations for Level 1 and Level 2 felonies is fairly aggressive. Some neighboring states only eliminate time limits for murder and a handful of specific offenses.

More Indiana Laws

• Indiana Car Accident Laws
• Indiana Dog Bite Laws
• Indiana Expungement Laws
• Indiana Slip and Fall Laws
• Indiana Workers Compensation Laws

Frequently Asked Questions

What is the statute of limitations for personal injury in Indiana?

Indiana gives you two years from the date of injury to file a personal injury lawsuit. This deadline is set by IC 34-11-2-4 and applies to car accidents, slip and fall cases, assault, battery, and most other claims involving bodily harm.

Is there a statute of limitations on murder in Indiana?

No. There is no statute of limitations for murder in Indiana. Prosecutors can bring murder charges at any time, no matter how many years have passed. The same applies to Level 1 and Level 2 felonies.

How long do I have to sue for breach of contract in Indiana?

It depends on the type of contract. General written contracts allow 10 years to file (IC 34-11-2-11). Written contracts for the payment of money, such as promissory notes, allow 6 years (IC 34-11-2-9). Oral contracts also allow 6 years (IC 34-11-2-7). Claims about the terms and conditions of employment have a shorter 2-year deadline under IC 34-11-2-1, but that statute expressly excepts actions based upon a written contract, so a suit for breach of a written employment contract runs on the 10-year written-contract deadline instead.

Does the statute of limitations pause if I am a minor in Indiana?

Partly. Under IC 34-11-6-1, a person who is under a legal disability when the claim accrues may bring the action within two years after the disability is removed, which for a minor means two years from the 18th birthday. That is a two-year window, not a restart of a longer filing period, so it adds nothing to a claim that already allows more than two years. It also does not apply to medical malpractice or product liability: IC 34-18-7-1 and IC 34-20-3-1 both apply regardless of minority. For example, a child injured at age 10 in a car accident would have until age 20 to file a personal injury claim.

What changed in Indiana's statute of limitations in 2025?

Indiana passed Senate Bill 151, effective July 1, 2025, which extended the time to prosecute Level 3 felony rape cases when new DNA evidence is discovered. The previous 5-year window from the discovery of DNA evidence was extended to 10 years.