"Statutes of limitations" are laws that set time limits on how long you have to file a "civil" lawsuit, like a personal injury lawsuit, or how long the state has to prosecute someone for committing a crime. These time limits usually depend on the legal claim or crime involved in the case, and they're different from state to state. For example, in some states you may have three years to file a personal injury lawsuit after you were hurt in car accident, but in other states you may have two years. As a general rule:

  • The time period begins to run on the date your claim arises or "accrues," like the day of the car accident, or when a crime is committed, and
  • Once the statute of limitations has expired or "run," you can't file a lawsuit (or be prosecuted for a crime)

Below are the statutes of limitations in Indiana for various civil claims and crimes. The list doesn't cover everything. Also, the laws may change at anytime, so be sure to check the current laws or "code and read them carefully, or talk to an attorney if you have any questions.

Civil

Note: Most of the civil statutes of limitations are in Title 34, Article 11, Chapter 2 of the Indiana Code. You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the laws there and in Chapter 2 to find the statute of limitations for civil claims or "causes of action" not listed below.

Description

Statute

Assault and Battery, 2 years

Ind. Code § 34-11-2-4(1)

Contract (in writing), 6 years or 10 years (Depending on the type of contract)

Ind. Code § 34-11-2-9 or Ind. Code § 34-11-2-11

Contract (oral or not in writing), 6 years

Ind. Code § 34-11-2-7(1)

False Imprisonment, 2 years

Ind. Code § 34-11-2-4(1)

Fraud, 6 years

Ind. Code § 34-11-2-7(1)

Enforcing Court Judgments, 20 years

Ind. Code § 34-11-2-12

Legal Malpractice, 2 years

Ind. Code § 34-11-2-3

Libel, 2 years

Ind. Code § 34-11-2-4(1)

Medical Malpractice, 2 years

Ind. Code § 34-18-7-1

Personal Injury, 2 years

Ind. Code § 34-11-2-4(1)

Product Liability, 2 years

Ind. Code § 34-20-3-1

Property Damage, 2 years

Ind. Code § 34-11-2-4(3)

Slander, 2 years

Ind. Code § 34-11-2-4(1)

Trespass, 6 years

Ind. Code § 34-11-2-7(3)

Wrongful Death, 2 years

Ind. Code § 34-23-1-1

Criminal

Note: Generally, the Indiana criminal statutes of limitations are in Title 35, Article 41, Chapter 4 of the Indiana Code. You need to scroll through the page provided to see the code sections noted below. Also, you can scroll through the criminal laws (found in Articles 42 through 49 of Article 12) to find crimes not listed below, and then use Article 41, Chapter 4 to find the statutes of limitations for those crimes.

Description

Statute

Arson, No time limit or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (d)(1)

Assault and Battery, 2 or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (2)

Burglary, No time limit or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (d)(1)

Disorderly Conduct, 2 or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (2)

Kidnapping, 5 years

Ind. Code § 35-41-4-2(a)(1)

Manslaughter, voluntary, No time limit or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (d)(1)

Manslaughter, involuntary, No time limit, 5 years, or 2 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (a)(2) or (d)(1)

Murder, No time limit

Ind. Code § 35-41-4-2(d)(1)

Rape, No time limit or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (d)(1)

Receiving Stolen Property, 5 years

Ind. Code § 35-41-4-2(a)(1)

Robbery, No time limit or 5 years (Depending on the facts of the case)

Ind. Code § 35-41-4-2(a)(1) or (d)(1)

Theft, 5 years

Ind. Code § 35-41-4-2(a)(1)

Tagged as: Consumer Law, Contracts, Criminal Law, legal articles, Lawyers.com, statutes of limitations, lawsuit, Indiana