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What Is the Statute of Limitations in Indiana?
A statute of limitations in Indiana is a legal restriction that bars parties from pursuing a criminal or civil case after a specific timeframe. In other words, it is a state’s time limit for bringing cases to court.
Statute of limitations ensures that trials are fairly conducted based on current and credible evidence and witness statements. If a case is filed after the applicable statute of limitations has expired, the defendant can file a motion to dismiss, which the court may grant, except when the case is subject to a statutory exception.
How Long Is the Statute of Limitations in Indiana?
In Indiana, the statute of limitations for legal actions varies depending on the type of case (e.g., civil or criminal) and its severity.
According to Indiana Code §34-11-2, the time limits for filing a lawsuit range between two (2) and 20 years. Specifically, the statute of limitations for personal injury cases is 2 years per IC §34-11-2-4. However, there are certain exceptions. For instance, a civil action for injuries resulting from sexual abuse as a child may be pursued within seven (7) years after the abuse or four (4) years after the plaintiff is no longer a dependent of the abuser.
On the other hand, Indiana’s criminal statute of limitations for all misdemeanors and most felonies is 2 years and 5 years, respectively. Notwithstanding, some crimes are considered extremely serious, such as murder, and are not subject to a statute of limitations. The table below details the statute of limitations of different case types according to Indiana laws.
| Case Type | Statute of Limitations | Note |
|---|---|---|
| Class A, B, and C Misdemeanors | Two (2) years | This statute of limitations applies to all misdemeanors regardless of the nature of the offense. |
| Felonies | Five (5) years to indefinite | Level 3, 4, 5, and 6 (Class B, C, and D) felonies have a 5-year limitation. Meanwhile, Level 1 or 2 (Class A) felonies have no statute of limitations due to their severity. Examples of these felonies include, but are not limited to, murder (attempted or conspiracy to commit), aggravated rape, burglary with a deadly weapon, and drug offenses involving large quantities or death. |
| Infractions | ||
| Civil Statutes | 2 to 20 years | The shortest statute of limitations for civil cases in Indiana is two (2) years, which applies to personal injury, wrongful death, professional malpractice, and similar claims. The statute of limitations extends to 5 years for the recovery of real estate, 10 years for actions based on written contracts, and 20 years for the enforcement of judgments. |
What Crimes Have No Statute of Limitations in Indiana
Due to the nature and gravity of some crimes, they are not subject to a statute of limitations under Indiana law. As a result, prosecutors can pursue charges for such crimes at any time, regardless of when they were committed. This ensures that the accused does not escape justice due to time limitations. Level 1 and Level 2 felonies are the only crimes with no statute of limitations in Indiana. Examples of these crimes include, but are not limited to:
- Murder
- Kidnapping
- Home invasion
- Aggravated rape
- Child sex trafficking
- Drug offenses involving large quantities or death.
Criminal Statute of Limitations in Indiana
The criminal statute of limitations in Indiana is the time limit imposed on prosecutors for filing criminal charges. This time limit varies based on the severity and type of crime.
Generally, misdemeanors carry the shortest statute of limitations, set at two (2) years. Meanwhile, the statute of limitations for felonies is significantly longer, ranging from 5 to 30 years. For instance, level 3, 4, 5, and 6 felonies have a 5-year period of limitation, and charges for certain sex crimes against children may be filed before the victim’s 31st birthday. Nonetheless, different factors can affect a crime’s statute of limitations, such as:
- Discovery of DNA evidence: an additional one-year extension (for level 3, 4, 5, and 6 felonies) and a 5-year extension (for certain sex crimes against children), even if the relevant statute of limitations has expired.
- Perpetrator confession: 5-year extension for certain sex crimes against children.
- Tolling: the state is allowed to toll (pause) a crime’s statute of limitations under specific circumstances, such as if:
- The defendant is not in Indiana or is in hiding
- The defendant or another party conceals evidence.
- The accused holds a public office, and the offense is for theft of public funds or bribery in public office.
It is worth noting that some crimes, including murder, child sex trafficking, and kidnapping, do not have a statute of limitations due to their severity. Different types of crimes and their respective statute of limitations per Indiana Code §35-41-4-2 are detailed in the table below:
| Offense | Statute of Limitations |
|---|---|
| Class A, B, and C misdemeanors | 2 years |
| Level 3, 4, 5, and 6 (Class B, C, and D) felonies | 5 years |
| Child molesting Vicarious sexual gratification Child Solicitation Child Seduction Sexual misconduct with a minor incest | Until the victim’s 31st birthday |
| Level 1 or Level 2 (Class A) felony | No limitation |
Is There a Statute of Limitations on Attempted Murder?
There is no statute of limitations for attempted murder in Indiana. According to IC § 35-41-5-1, attempted murder is a level 1 felony. The prosecution for this type of felony may commence at any time per IC §35-41-4-2 (c). As a result, there is no time limitation on how long someone can be charged with attempted murder in Indiana. A prosecutor can file attempted murder charges against a suspect regardless of how long ago the crime was committed.
Statute of Limitations on Sexual Assault in Indiana
Different factors can affect the statute of limitations for sexual assault in Indiana, such as the victim's age when the abuse occurred, dependency on their abuser, and when the abuse was discovered.
In the cases where victims were abused when they were adults, the statute of limitations for filing sexual abuse claims in Indiana is 2 years under IC §34-11-2-4. This short deadline is due to the assumption that adults generally have an understanding of what sexual assault entails and have the resources to pursue a claim. Meanwhile, minors are considered to have a “legal disability” due to their age and are allowed an extended filing deadline. As a result, an individual who experienced sexual abuse as a minor has a 7-year deadline for filing claims.
Indiana treats cases where individuals were sexually abused by someone they are dependent on, such as a parent or guardian, differently. Such cases have a 4-year rape reporting deadline after the victim's dependency on their abuser ceases. This rule also interacts with the 7-year deadline, and victims can select whichever limit gives them more time when their case fits both rules.
Meanwhile, Indiana’s discovery rule gives victims of sexual assault an extended time limit to pursue a claim after the date they discovered they were abused. For instance, if an individual’s repressed memory prevents them from recognizing a past sexual assault, they may be granted additional time to file a claim starting from the date of discovery. However, the court has complete discretion to decide if the statute of limitations should be extended. Furthermore, the extended time limit varies based on the victim's age, 7 years for an adult sexual assault case and 2 years for a child sexual assault case.
It is worth noting that sexual assaults that are classified as Level 1 or Level 2 felonies, such as aggravated rape and child sex trafficking, do not have a statute of limitations.
Civil Statute of Limitations in Indiana
The civil statute of limitations in Indiana determines how long you have to file a civil lawsuit.
It prescribes civil lawsuit deadlines in Indiana, ensuring that tort claims are filed within a reasonable timeframe when evidence and witness statements are still reliable and available. Consequently, when plaintiffs file a case after the applicable statute of limitations has expired, the action is generally subject to dismissal.
However, plaintiffs who cannot file a civil lawsuit before its legal deadline due to a legal disability may have the applicable statute of limitations tolled (paused) until their disability ends. Examples of “legal disabilities” include being a minority or having a mental disability. In such cases, the plaintiff will be allowed two years after their “disability” ends to file their claim.
According to IC §34-11-2, some civil statute of limitations in Indiana include the following:
| Claim Type | Statute of Limitations | Section (§) of Indiana Code |
|---|---|---|
| Personal injury, personal property damage, libel/slander, trespass, and wrongful death | 2 years | §34-11-2-4 |
| Professional malpractice | 2 years | §34-11-2-3 |
| Employment agreements | 2 years | §34-11-2-1 |
| Recovery of real estate | 5 years | §34-11-2-5 |
| Fraud, oral contract, and debt collection | 6 years | §34-11-2-7 |
| Contract for Money | 6 years | § 34-11-2-9 |
| Written contracts | 10 years | §34-11-2-11 |
| Judgments | 20 years | §34-11-2-12 |
Statute of Limitations for Medical Malpractice in Indiana
In Indiana, the statute of limitations for medical malpractice prescribes the statutory period governing how long patients have to sue a doctor due to medical malpractice. According to IC §34-18-7-1, the statute of limitations for medical malpractice is 2 years after the alleged act, omission, or neglect occurred.
Several exceptions to Indiana’s medical malpractice statute of limitations allow patients additional time to file a malpractice claim. For instance, family members of children under the age of 6 who are victims of alleged medical malpractice have until the child’s eighth birthday to file a claim. Medical malpractice claim deadlines are also subject to Indiana’s discovery rule, which allows patients to file a claim when they discover injuries or conditions resulting from alleged medical malpractice, even after the two-year statute of limitations has expired
Medical malpractice claim deadlines are subject to Indiana’s discovery rule. This rule permits patients to file a claim upon discovering an injury caused by alleged malpractice, even if the two-year statute of limitations has expired.
On the other hand, plaintiffs seeking over $15,000 are required to file a complaint with the Indiana Department of Insurance containing proof of the alleged medical malpractice before they can file a claim. A medical panel will review the complaint and issue its opinion within 30 days. During the review period, Indiana's medical malpractice statute of limitations will be “tolled” until the medical panel issues its opinion. Some examples of common medical malpractice cases in Indiana are outlined below:
| Type of Medical Malpractice | Example |
|---|---|
| Misdiagnosis | Incorrect, delayed, and missed diagnoses, as well as failure to recognize complications |
| Childbirth Injuries | Oxygen deprivation, cephalohematoma, cerebral palsy, hemorrhages, and brachial plexus injury |
| Medication Errors | Using the wrong medication, mislabeled medication, using the wrong dose of a medication, and failing to warn of possible side effects. |
| Anesthesia Errors | Dosage errors, aspiration, intubation and extubation errors, and anesthesia awareness |
| Surgery Errors | Wrong-site surgery, vascular injury, retained surgical instruments, and failure to timely diagnose infection or sepsis, |
Statute of Limitations for Debt in Indiana
The debt statute of limitations in Indiana determines how long creditors have to sue their debtors over unpaid debts. In other words, it dictates how long debt can be collected in Indiana. These deadlines vary depending on whether the debt involves an oral or written contract and other factors.
According to IC §34-11-2-7, the statute of limitations for debts with an oral contract, rental debt, and credit card debt is 6 years. Meanwhile, debts with a written contract are also subject to a 6-year statute of limitations under IC §34-11-2-9. However, the statute of limitations for debts with a written contract that were incurred before September 1, 1982, is 10 years. Similarly, the statute of limitations for written contract debts that do not involve monetary payments is 10 years per IC §34-11-2-11.
It is also worth noting that unpaid credit card debts in Indiana can have long-lasting effects, although they have a statute of limitations. According to the federal Fair Credit Report Act, they are typically reported on the debtor's credit report for up to 7 years. Furthermore, the statute of limitations for debts restarts when debtors make a written acknowledgment to pay or make payments on them before their statute of limitations expires.
The table below provides examples of different types of debts and their respective statutes of limitations under Indiana:
| Type of Debt | Statute of Limitations |
|---|---|
| Credit Card Debt | 6 years |
| Auto Loan | 4 years |
| Personal Loan | 4 years |
| Medical Bills | 6 years |
| Written Contracts | 6 years |
| Oral Contract | 6 years |
| State Tax Debt | 10 years |
Statute of Limitations for Child Abuse and Child Support in Indiana
In Indiana, child abuse cases are subject to criminal prosecution and civil lawsuits. Each type of case (civil and criminal) has varying statute of limitations timeframes depending on the kind of alleged abuse suffered. According to the Indiana Department of Child Services and Child Welfare Policy, several sexual offense falls under the statutory definition of child abuse. The statute of limitations for most of these offenses expires when the victim reaches 31 years old. These include child molestation, child solicitation, child seduction, incest, and sexual misconduct.
Meanwhile, the statute of limitations for civil action for injuries an individual incurred as a result of child abuse they suffered is 7 seven years after the abuse or 4 years after they are no longer a dependent of the abuse perpetrator. As a result, there is no general timeframe for child abuse statute of limitations in Indiana.
On the other hand, the statute of limitations for child support enforcement in Indiana is 10 years after the child’s 18th birthday or the child's emancipation. Additionally, every judgment, including those concerning child support, has a 20-year statute of limitations.