Indiana Statute of Limitations: Filing Deadlines by Case Type
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 for 90 days after the medical review panel issues its 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 (2 Years)
Actions for trespass on real or personal property must be filed within two years under IC 34-11-2-4.
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 agreements: 2 years under IC 34-11-2-1.
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
| Case Type | Time Limit | Statute |
|---|---|---|
| Personal Injury | 2 years | IC 34-11-2-4 |
| Wrongful Death | 2 years | IC 34-23-1-1 |
| Medical Malpractice | 2 years | IC 34-18-7-1 |
| Libel/Slander | 2 years | IC 34-11-2-4 |
| Personal Property Damage | 2 years | IC 34-11-2-4(2) |
| Real Property Damage | 6 years | IC 34-11-2-7 |
| Trespass | 2 years | IC 34-11-2-4 |
| Product Liability | 2 years (10-year repose) | IC 34-20-3-1 |
| Fraud | 6 years | IC 34-11-2-7(4) |
| Written Contract (General) | 10 years | IC 34-11-2-11 |
| Written Contract (Payment of Money) | 6 years | IC 34-11-2-9 |
| Oral Contract | 6 years | IC 34-11-2-7 |
| Employment Agreement | 2 years | IC 34-11-2-1 |
| Debt on Account | 6 years | IC 34-11-2-7 |
| Collection of Rents | 6 years | IC 34-11-2-7 |
| Judgments | 20 years | IC 34-11-2-12 |
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, if the injured person is under 18 years old when the cause of action accrues, the statute of limitations does not begin running until they turn 18. For example, a minor injured at age 16 in a car accident would have until age 20 to file a personal injury lawsuit.
Legal Incapacity
If a person is legally incapacitated (declared incompetent by a court) at the time the cause of action accrues, the statute of limitations is tolled until the disability is removed.
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, the statute of limitations for sex crimes against minors does not expire until the victim reaches 31 years of age.
If DNA evidence revealing the identity of the offender is discovered after the standard limitations period expires, prosecutors may bring charges within one year of the discovery (or the date the evidence should have been discovered).
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
| Offense | Time Limit | Notes |
|---|---|---|
| Murder | No limit | Can be prosecuted at any time |
| Level 1 Felony | No limit | Includes attempted murder, certain kidnapping |
| Level 2 Felony | No limit | Includes certain drug dealing, serious violent offenses |
| Level 3 Felony | 5 years | Includes aggravated battery, certain robbery |
| Level 4 Felony | 5 years | Includes burglary, certain theft |
| Level 5 Felony | 5 years | Includes battery resulting in serious injury |
| Level 6 Felony | 5 years | Includes theft, criminal recklessness |
| Misdemeanor | 2 years | All classes (A, B, C) |
| Sex crimes against minors | Until victim turns 31 | Extended by 1 year upon DNA discovery |
| Level 3 felony rape (DNA evidence) | 10 years from discovery | Updated by SB 151, effective July 1, 2025 |
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 matches Kentucky and is shorter than Ohio (also two years) and Illinois (two years). Michigan allows three years for personal injury claims.
For written contracts, Indiana's 10-year deadline for general written contracts is longer than many neighboring states. Ohio allows eight years, while Illinois provides 10 years for written contracts as well.
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
Sources and References
- Indiana Code IC 34-11-2-4 - Injury or Forfeiture of Penalty Actions(iga.in.gov).gov
- Indiana Code IC 34-11-2-7 - Six Year Limitation(iga.in.gov).gov
- Indiana Code IC 34-11-2-9 - Promissory Notes, Bills of Exchange, Written Contracts for Payment(iga.in.gov).gov
- Indiana Code IC 34-11-2-11 - Written Contract Actions(iga.in.gov).gov
- Indiana Code IC 34-11-2-12 - Judgment Actions (20 Years)(iga.in.gov).gov
- Indiana Code IC 34-18-7-1 - Medical Malpractice Limitations Period(iga.in.gov).gov
- Indiana Code IC 34-18-7-3 - Tolling of Medical Malpractice Statute(iga.in.gov).gov
- Indiana Code IC 34-20-3-1 - Product Liability Statute of Limitations(iga.in.gov).gov
- Indiana Code IC 34-23-1-1 - Wrongful Death Actions(iga.in.gov).gov
- Indiana Code IC 34-11-6-1 - Tolling for Minors(iga.in.gov).gov
- Indiana Code IC 35-41-4-2 - Criminal Periods of Limitation(iga.in.gov).gov
- Indiana Code IC 34-11-2-1 - Employment Agreement Limitation(iga.in.gov).gov
- Indiana Senate Bill 151 (2025) - Statute of Limitations for Rape (DNA Evidence)(trackbill.com)
- Indiana Courts Legislative Update - Statute of Limitations Changes (2025)(courts.in.gov).gov