That fender-bender on I-70 was a couple months ago, but your neck still doesnât feel right. Or maybe a year after the accident youâre realizing that the repair shop didnât fix your car right the first time around. Are you allowed to sue the repair shop or that other driver for damages? And, if so, what is your deadline for filing either lawsuit? Each state has its own laws that limit the amount of time between an injury occurring and the filing of a civil suit. This is a quick summary of civil statute of limitation laws in Indiana.
Civil Statutes of Limitation
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 similar to those of other states. Depending on the particular type of case or procedure, Indiana's statutes of limitations range from two to 20 years. The point at which the proverbial clock starts ticking is typically the date of the incident or discovery of the harm.
Statutes of Limitation in Indiana
The chart below highlights some civil statutes of limitations in Indiana. See Details on State Civil Statute of Limitations and Time Limits to Bring a Case: The Statute of Limitations for more general information.
Injury to Person | 2 yrs. §34-11-2-4(1) |
Libel/Slander | 2 yrs. §34-11-2-4(1) |
Fraud | 6 yrs. §34-11-2-7(4) |
Injury to Personal Property | 2 yrs. §34-11-2-4(2) |
Professional Malpractice | 2 yrs. §34-11-2-3 |
Trespass | 2 yrs. §34-11-2-4 |
Collection of Rents | 6 yrs. §34-11-2-7 |
Contracts | Written: 10 yrs. §34-11-2-11; 6 yrs. for contract for payment of money §34-11-2-9; Oral: 6 yrs., 2 yrs. employment agreements §§34-11-2-7 and 34-11-2-1 |
Collection of Debt on Account | 6 yrs. §34-11-2-7 |
Judgments | 20 yrs. §34-11-2-12 |
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
These statutes of limitation are an attempt to create general fairness and predictability when it comes to filing lawsuits. Potential defendants should not have a legal matter hanging over their head indefinitely and be put on notice that they might have committed some harm against another party. Plaintiffs, on the other hand, must decide whether or not to press a lawsuit in a timely matter.
Indiana Civil Statute of Limitations Laws: Related Resources
As noted above, even if have a valid claim for civil damages, it may not matter if you donât file your lawsuit in time. For more introductory material on this topic, you can visit FindLawâs section on Statute of Limitations in Civil Cases.
Make Sure You Don't Miss Filing Deadlines: Contact an Injury Attorney Today
Indiana's civil statute of limitations depends on the type of case being filed, whether a personal injury claim, contract dispute, or other non-criminal case. Remember, time is truly of the essence when dealing with filing deadlines. If you are dealing with an civil case in Indiana, it's in your best interests to contact an Indiana litigation attorney today.