Rob King & Associates, Trial Lawyers | June 6, 2025 | Personal Injury
If you have been hurt in an accident, you may be entitled to recover compensation for your injuries and other damages. However, your time to file a lawsuit to recover that compensation is limited. The statute of limitations is like a countdown clock, and once it expires, your right to file a claim is gone.
The statute of limitations in Indiana, including in Indianapolis, for personal injury claims is two years, according to Indiana Code § 34-11-2-4(a)(1). Other types of cases have different time limits, and missing the deadline can have some serious consequences.
Dive into the details below to learn more about the statute of limitations in Indianapolis.
Why Do Statutes of Limitations Exist?
You may be wondering why there is a statute of limitations in place at all.
Each state sets its own rules and timeframes, but these rules exist in all states for the purpose of:
- Maintaining efficiency in the court system by requiring claims to be brought in a timely manner
- Ensuring that cases are tried while the evidence is still fresh and witnesses have not forgotten key information
- Preventing a defendant from living in perpetual fear of a lawsuit for past actions
As a matter of public policy, a statute of limitations seeks to ensure that claims are resolved in an efficient and expedient manner. For example, trying to get compensation after a car accident that occurred 20 years ago is likely not an efficient use of the court’s resources. Contact a car accident attorney for legal assistance if you’re trying to recover damages after suffering injuries.
What Happens if the Statute of Limitations Expires?
Missing the statute of limitations can have serious consequences on your ability to recover compensation for your damages after an accident. Once the statute expires, you lose your right to recover compensation.
While you may technically still file a lawsuit, the defendant will ask that your case be dismissed because it was filed too late. If you filed too late, the judge will grant the defendant’s request and throw your case out.
Letting the statute of limitations expire also has a negative effect on your ability to obtain a settlement. Since you can no longer use the threat of a lawsuit as leverage against the insurance company, they are not likely to make you a fair settlement offer.
If they refuse to offer you a settlement, there is not much you can do to force them into negotiations.
Are There Any Exceptions to the Statute of Limitations?
If the statute of limitations has expired in your case, all hope may not be lost. There are a few exceptions that can toll, or pause, the statute from running. If your situation falls under one of these exceptions, you may have a longer time than normal to file your claim.
Some of the most common exceptions that can pause the statute of limitations are:
- Minor victim involved: One of the most common reasons the clock will stop is when the injured victim is a minor. In that case, the statute of limitations will pause until the victim becomes an adult. This means the clock will typically start running again when the child turns 18.
- Defendant left the state: In some cases, the defendant might leave the state to avoid being served with a lawsuit. When this happens, the statute of limitations will pause until they return to the state. The victim should not be punished and lose their right to compensation because the defendant intentionally tried to avoid the lawsuit.
- Legal disability: In situations where the plaintiff is mentally incapacitated, the statute will pause until the disability ends. This can also apply in situations where the plaintiff suffers from other disabilities that prevent them from filing a lawsuit.
- Concealment: Some defendants may intentionally try to hide or conceal damages from the victim. This will pause the statute of limitations until the victim reasonably discovered the injuries.
Speak with a personal injury lawyer to discuss whether any of these exceptions might apply to you.
An Indianapolis Personal Injury Lawyer Can Help
The statute of limitations can be very complicated, especially when exceptions apply. This is why it is so important to get help from an experienced personal injury lawyer after any type of accident, such as car accidents, truck accidents, or slip and fall accidents.
Your lawyer can help identify the specific filing deadline associated with your claim to make sure you do not miss your chance to recover compensation. Reach out to Rob King & Associates, Trial Lawyers, today to schedule a free consultation with an Indianapolis personal injury lawyer.
For more information, please contact Rob King & Associates, Trial Lawyers to schedule a free consultation with a personal injury lawyer in Indianapolis, Indiana, today.
We proudly serve Marion County and its surrounding areas.
Rob King & Associates, Trial Lawyers – Indianapolis Office
22 E Washington St #310
Indianapolis, IN 46204
(317) 916-0000
