Statutes of Limitations On Personal Injury Cases

Under Indiana Code § 34-11-2-4, a personal injury claim must be filed in court within two years of the date the cause of action accrues. In most cases, that date is the date of the accident or incident that caused the injury. If a lawsuit is not filed within this period, the court will dismiss it and the injured person loses the right to recover compensation regardless of how strong the underlying claim may be.

This deadline applies to the vast majority of personal injury cases in Indiana, including car accidents, slip and falls, dog bites, and premises liability incidents. It is not a guideline. It is a hard cutoff.

Why Two Years Passes Faster Than It Seems

Two years may sound like substantial time, but the period is consumed quickly. Medical treatment, recovery, working with insurance companies, and gathering evidence all take time. Many injured people find themselves approaching the deadline without having filed a lawsuit, sometimes because they were still negotiating with an insurer who was drawing out the process deliberately.

When the Clock Starts Running

In most Indiana personal injury cases, the statute of limitations clock starts on the date of the injury. If a car accident occurred on June 1, 2024, the lawsuit must be filed by June 1, 2026. Missing the deadline by even one day is fatal to the claim.

Cases reviewed by a Fishers personal injury lawyer near the statute of limitations period often involve injured people who were unaware that the deadline was approaching or who assumed that ongoing settlement negotiations paused the clock. Settlement negotiations do not toll the statute of limitations in Indiana.

Exceptions That May Extend the Deadline

Indiana law recognizes a limited number of situations in which the statute of limitations may be tolled or extended:

• Minors injured before age 18 generally have until two years after their 18th birthday to file
• Individuals who are mentally incapacitated at the time of the injury may have the deadline tolled during the period of incapacity
• Cases involving fraud or concealment by the defendant may invoke the discovery rule, which starts the clock when the injury was or reasonably should have been discovered
• Claims against government entities in Indiana require a notice of tort claim to be filed within 270 days of the incident under a separate statutory requirement

Why Acting Early Is Always Better

Even when the deadline has not yet passed, delaying action creates real problems. Witness memories fade, surveillance footage is overwritten, physical evidence is lost, and accident scenes change. A strong personal injury claim is built on fresh evidence gathered promptly after the incident.

The Cost of Delay Beyond the Legal Deadline

Once the statute of limitations expires, no amount of evidence, no strength of claim, and no compelling set of facts will save the case. Indiana courts dismiss time-barred claims without reaching the merits. The insurance company’s attorneys will file a motion to dismiss and the court will grant it. There is no equitable exception for simply not knowing the deadline existed.

Pavlack Law, LLC represents injured people in Fishers and throughout Indiana, identifying the applicable deadlines in each case from the beginning and building the case timeline accordingly.

Getting Help After an Injury in Fishers

If you were injured in an accident in Fishers, speaking with a Fishers personal injury lawyer as soon as possible after the incident protects your right to pursue compensation and gives your case the time it needs to be properly prepared. Our team is ready to evaluate your situation.