Indiana statute of limitations by claim
In Indiana you generally have 2 years to sue for personal injury, 2 years for property damage, 10 years on a written contract and 6 years on an oral one, but only 2 years for defamation.[1][4] The table lists every common civil claim with the statute and the notes that change it.
| Claim | Deadline | Statute |
|---|---|---|
| Personal injury | 2 years | Ind. Code § 34-11-2-4(a)Injury to a person from the sexual abuse of a child: the later of 7 years after accrual or 4 years after the victim stops being a dependent of the abuser (§ 34-11-2-4(b)). Claims against a city, county or other political subdivision need written notice within 180 days (§ 34-13-3-8). |
| Medical malpractice | 2 years | Ind. Code § 34-18-7-1(b)Applies regardless of minority or disability, except that a child under 6 has until the 8th birthday (§ 34-18-7-1). Indiana courts allow a claim filed within a reasonable time after discovery when the malpractice could not reasonably have been discovered within the 2 years (Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999)). Most claims must first go to a medical review panel through the Department of Insurance. |
| Wrongful death | 2 years | Ind. Code § 34-23-1-1Must be brought by the decedent's personal representative within 2 years. |
| Property damage | 2 years2 years (personal property); 6 years (real property) | Ind. Code §§ 34-11-2-4(a)(2), 34-11-2-7(3)Injury to personal property (such as a car): 2 years (§ 34-11-2-4). Injury to real property, detention of personal property and recovery of personal property: 6 years (§ 34-11-2-7(3)). |
| Written contract | 10 years10 years (6 years for written contracts for the payment of money) | Ind. Code §§ 34-11-2-11, 34-11-2-9Promissory notes, bills of exchange and other written contracts for the payment of money executed after August 31, 1982: 6 years (§ 34-11-2-9). Other written contracts: 10 years (§ 34-11-2-11). Actions on a deposit account: 2 years (§ 34-11-2-9(c), as amended by P.L.77-2024). Sales of goods follow the UCC's 4-year rule (§ 26-1-2-725). |
| Oral contract | 6 years | Ind. Code § 34-11-2-7(1)Covers accounts and contracts not in writing. |
| Credit card / account debt | 6 years | Ind. Code §§ 34-11-2-7(1), 34-11-2-9Accounts not in writing: 6 years (§ 34-11-2-7). Written contracts for the payment of money, such as a signed credit agreement or note: also 6 years (§ 34-11-2-9). |
| Fraud | 6 years | Ind. Code § 34-11-2-7(4)"Actions for relief against frauds." If the defendant conceals the claim, it may be brought within the limitation period after discovery (§ 34-11-5-1). |
| Defamation | 2 years | Ind. Code § 34-11-2-4(a)(1)"Injury to person or character": libel and slander share the 2-year injury period, longer than in most states. |
| Product liability | 2 years | Ind. Code § 34-20-3-1Repose: 10 years after delivery to the initial user or consumer; a claim accruing 8 to 10 years after delivery may be filed within 2 years of accrual (§ 34-20-3-1(b)) Applies to negligence and strict liability claims regardless of minority or disability. Asbestos claims have separate rules (§ 34-20-3-2). |
What is different in Indiana
Indiana’s 180-day tort claim notice is the deadline most often missed: a crash with a county truck or a fall at a public school is barred without written notice to the governing body within 180 days, long before the 2-year limit. Defamation also gets 2 years here, longer than in most states, because the statute covers injury to person or character. Product claims carry a 10-year repose from delivery to the first user, even for minors.
- Claims against a city, county, school corporation or other local unit are barred unless written notice is filed within 180 days of the loss; claims against the State get 270 days. (Ind. Code §§ 34-13-3-6, 34-13-3-8)[10]
- Defamation gets 2 years in Indiana, the same as personal injury, because the statute covers "injury to person or character". (Ind. Code § 34-11-2-4(a))[11]
- P.L.79-2024 opened a window, which closed July 1, 2025, for time-barred child sexual abuse claims against a congressionally chartered organization incorporated before June 16, 1916 by people who took part in its bankruptcy started February 18, 2020. (Ind. Code § 34-11-2-4(c), (d))[12]
- Product liability claims have a 10-year statute of repose from delivery to the first user, which applies even to minors. (Ind. Code § 34-20-3-1)[13]
When the clock starts and stops
Indiana courts apply a discovery rule to tort claims: the claim accrues when the plaintiff knew or, with ordinary diligence, could have discovered the injury and that it was caused by another's act. Medical malpractice is occurrence-based, with a constitutional exception for injuries that could not be discovered in time. (Wehling v. Citizens Nat'l Bank, 586 N.E.2d 840 (Ind. 1992); Martin v. Richey, 711 N.E.2d 1273 (Ind. 1999))
Minors. Indiana pauses the clock while the injured person is a minor: the period starts at age 18. A person under a legal disability (including minority) when the claim accrues may sue within 2 years after the disability is removed (§ 34-11-6-1). Not for medical malpractice (2 years, or until the 8th birthday for a child under 6, § 34-18-7-1) or product liability (§ 34-20-3-1).[6]
Other tolling. Fraudulent concealment allows the claim within the normal period after discovery (§ 34-11-5-1); legal disability (incompetence) gets 2 years after removal (§ 34-11-6-1).
Suing the government in Indiana
Claims against a public body follow their own rules, and a missed notice can end the claim even when the ordinary limitation period is still open.[7][8]
| Defendant | Deadline | Statute |
|---|---|---|
| State agencies | Written notice to the Attorney General and the state agency involved within 270 days after the lossSuit only after the claim is denied (or 90 days pass without action), and within the ordinary limitation period (§§ 34-13-3-11, 34-13-3-13) | Ind. Code § 34-13-3-6 |
| Cities, counties and other local entities | Written notice to the governing body of the political subdivision (and the political subdivision risk management commission if the unit is a member) within 180 days after the lossSuit only after denial or 90 days without action, within the ordinary limitation period (e.g. 2 years for injury) | Ind. Code § 34-13-3-8 |
Criminal statute of limitations in Indiana
Most felonies in Indiana: 5 years for Level 3 to Level 6 felonies. Misdemeanors: 2 years.[9] Prosecutors must file charges within these periods; the victim’s civil deadline is separate.
| Offense | Time limit | Statute |
|---|---|---|
| Felonies | 5 years for Level 3 to Level 6 feloniesLevel 3 to 5 felonies otherwise barred may be charged within 1 year after DNA evidence identifies the offender (§ 35-41-4-2(b)). Time the accused is out of state or concealing evidence is not counted (§ 35-41-4-2(h)). | Ind. Code § 35-41-4-2(a)(1) |
| Misdemeanors | 2 years | Ind. Code § 35-41-4-2(a)(2) |
| No time limit | Murder, and Level 1 and Level 2 felonies (Class A felonies for crimes before July 1, 2014) | Ind. Code § 35-41-4-2(c), (d) |
| Sexual assault | Rape as a Level 3 felony: 5 years, extended to 5 years after DNA evidence, a recording or a confession (§ 35-41-4-2(n)); rape as a Level 1 felony: no limit. Child molesting and similar child offenses: until the victim turns 31 (§ 35-41-4-2(e)). | Ind. Code § 35-41-4-2(c), (e), (m), (n) |
| Theft | No theft-specific period: felony theft has 5 years and misdemeanor theft 2 years; forgery of a payment instrument runs 5 years from its maturity, and theft of public funds by an officeholder is tolled while in office (§ 35-41-4-2(f), (h)). |
Worked example
A pile-up on I-465 near Indianapolis on May 24, 2025: under the personal injury deadline is May 24, 2027. If the injured person was a child born September 3, 2012, the clock would not start until September 3, 2030, making the deadline September 3, 2032.
For a claim of $10,000 or less, Indiana’s small claims (Small claims docket of Circuit or Superior Court; Marion County Small Claims (township) Courts) is usually faster and cheaper; compare the small claims limit by state.[14] To value an injury claim, try the car accident settlement calculator; for medical cases, compare the medical malpractice statute of limitations in other states. All states are on the statute of limitations by state page.
Frequently asked questions
How long do you have to sue for personal injury in Indiana?
What is the statute of limitations on debt in Indiana?
Does the statute of limitations pause for minors in Indiana?
What crimes have no statute of limitations in Indiana?
How long do you have to file a tort claim notice in Indiana?
Sources
- Ind. Code § 34-11-2-4(a): personal injury limitation period
- Ind. Code § 34-18-7-1(b): medical malpractice limitation period
- Ind. Code § 34-23-1-1: wrongful death limitation period
- Ind. Code §§ 34-11-2-11, 34-11-2-9: written contract limitation period
- Ind. Code §§ 34-11-2-7(1), 34-11-2-9: credit card / account debt limitation period
- Ind. Code § 34-11-6-1: tolling for minors
- Ind. Code § 34-13-3-6: claims against the state
- Ind. Code § 34-13-3-8: claims against local government
- Ind. Code § 35-41-4-2(a)(1): criminal limitation periods
- Ind. Code §§ 34-13-3-6, 34-13-3-8
- Ind. Code § 34-11-2-4(a)
- Ind. Code § 34-11-2-4(c), (d)
- Ind. Code § 34-20-3-1
- Indiana small claims (official court self-help)