When someone is injured in an accident, their first priority is often survival, healing, and getting life back on track. The thought of taking legal action often doesn’t come up until later, when the medical bills accumulate, the paychecks stop coming, and financial distress sets in.
But how long after an accident can you claim injury? In Indiana, the statute of limitations generally allows two years to file a personal injury claim, but exceptions exist that may shorten or extend this timeframe depending on the situation. How much time you have may depend on several variables specific to your case, such as who or what caused your injuries and, in rare cases, when you first discovered them.
Injuries may not always be immediately apparent after an accident, which is one of the reasons why receiving medical attention after any accident is so critical, not just for your health but for any legal claim you may file.
A personal injury lawyer can evaluate your eligibility for a personal injury claim and guide you through your legal options and deadlines from the start. Don’t leave anything to chance. Below, we’ll explore personal injury claim time limits, hidden risks, and what you can do if the deadline is approaching.
Key Takeaways for Personal Injury Claim Deadlines
- You usually only have one opportunity to pursue compensation for an injury, so knowing your legal time limit is essential.
- Delayed symptoms and slow-developing injuries don’t always pause or reset the legal clock.
- Indiana gives injured people two years to file most personal injury lawsuits, but shorter deadlines may apply in certain cases.
- Every state sets its own deadlines, so waiting too long, even by a few days, can prevent you from filing altogether.
- If you’re unsure whether it’s too late, an experienced attorney can evaluate your situation and explain your next steps.
Why the Personal Injury Claim Time Limit Matters More Than You Think
Statutes of limitations are fixed legal deadlines that rarely pause. They are not based on personal healing or emotional readiness. Once the deadline passes, your claim may be barred permanently, no matter how strong your case might have been.
In Indiana, the statute of limitations for most personal injury cases allows you two years from the date of the injury to file a lawsuit in most cases. This law applies to most car crashes, slips and falls, and other types of negligence-based accidents. But there are exceptions.
Some injuries take time to appear
Not every injury shows up right away. Whiplash, traumatic brain injuries, internal bleeding, and even fractures can take time to reveal their full impact. Delayed onset doesn’t automatically extend your deadline, which is why prompt documentation is so important. The earlier you report your symptoms to a doctor and document them, the stronger your case will be, even if you don’t pursue it right away.
Discovery rules can sometimes affect the clock
In rare cases, the “discovery rule” may apply. This means the two-year clock starts when the injury was discovered, not when the accident occurred. However, these situations are fact-specific and legally complex. Relying on this rule without legal advice can be risky.
Tolling may pause the legal deadline in rare cases
Tolling is a legal doctrine that can pause the statute of limitations under specific conditions. In Indiana, tolling applies in a few tightly defined scenarios. If tolling is granted, the legal deadline to file may be extended, but it doesn’t apply automatically. Tolling usually applies when the injured person is a minor, mentally incapacitated, or a victim of fraud.
What If Your Symptoms Don’t Appear Until Later?
It’s surprisingly common for accident victims to feel fine in the immediate aftermath, only to develop serious symptoms days or weeks later. This delay can cause confusion, especially if you didn’t seek medical care right after the incident.
Here are a few examples of injuries that may develop or worsen over time:
- Soft tissue injuries, such as muscle strains or whiplash
- Concussions or mild traumatic brain injuries
- Spinal damage that initially feels like minor back pain
- Internal bleeding or organ damage with subtle warning signs
These kinds of injuries can lead to lasting medical needs, job loss, and financial strain. Even if symptoms take time to surface, they may still be legally connected to the original accident. But to prove that, you need solid medical documentation and timely legal action.
Once you suspect an injury, don’t wait. Get checked by a doctor and contact a lawyer. A short delay might be understandable, but a long one can be used against you.
Key Deadlines That Could Affect Your Case
While Indiana’s standard deadline is two years, that may not be the only timeline that affects your case. Certain situations carry shorter or more complicated timelines. If you miss one, you might lose your chance to file.
If a government entity is involved
When the accident involves a city bus, government vehicle, or public employee, you may need to file a formal notice within 180 days under Indiana’s Tort Claims Act. This applies whether you’re suing the state or a local municipality. Missing this window may prevent you from filing altogether.
Wrongful death lawsuits
Wrongful death claims must also be filed within two years of the date of death. These lawsuits are brought by family members and are subject to special legal rules under Indiana law. The sooner these cases are reviewed, the more options surviving family members may have.
For minors and incapacitated individuals
If the injured person is a child or temporarily mentally incapacitated, the clock may be paused until they regain legal capacity. Even so, parents and guardians should seek legal help as soon as possible. Delays can impact the ability to gather evidence and secure witness testimony.
Common Mistakes That Can Jeopardize Your Injury Claim Timeline
Missing the filing deadline is just one risk. There are several common missteps that can weaken your case or shorten the time you have to file. These mistakes often come from not realizing how fast the legal process moves or how little room there is for error once the clock starts.
Avoiding these mistakes can protect your legal options:
- Not getting medical treatment right away: Waiting to see a doctor may cast doubt on whether the accident caused your injuries. Insurance companies may use the delay to dispute your claim.
- Failing to document injuries and symptoms: Without timely medical records, it’s harder to show the severity or cause of your injuries. Even basic symptoms should be documented early.
- Assuming minor injuries don’t matter: What starts as soreness or stiffness can turn into a chronic condition. If you don’t report it early, you may lose the chance to connect it to the accident.
- Delaying legal help: Deadlines, forms, and evidence gathering often happen long before a lawsuit is filed. Without guidance, you may miss critical steps early on.
- Trying to negotiate directly with insurers for too long: The longer you wait to get legal help, the more leverage insurance adjusters may gain during settlement talks.
The past can’t be changed, but the right legal guidance can help you take control of what comes next. Acting quickly gives you the best chance to protect your health, your rights, and your financial future.
The Legal Clock Starts Sooner Than Most People Realize
You don’t need to file a lawsuit the day after your accident, but you also can’t wait indefinitely. One of the biggest misconceptions about personal injury claims is that time starts running only when symptoms get worse or when a formal diagnosis is made. That’s rarely the case.
In nearly all situations, the legal timeframe begins on the date of the accident. The law assumes that’s the moment when the injury occurred or should have been reasonably discovered. This is why early documentation, even of symptoms that seem minor, plays a critical role.
Courts don’t extend deadlines simply because you didn’t know you were injured. They look at what a “reasonable person” would have known or done in your situation. The more time that passes, the harder it becomes to show that your claim was delayed for valid reasons.
How Long After an Accident Can You Claim Injury for Hidden or Delayed Symptoms?
Some injuries don’t follow a clear timeline. Whiplash may take 48 hours to show up. Soft tissue damage can linger for months before getting worse. Brain injuries might appear as headaches, confusion, or fatigue — symptoms people often dismiss until they interfere with work or daily life.
You may still be able to file a claim if you can link the delayed symptoms to the accident. But the burden of proof gets heavier over time.
Even if you’re within the legal time limit, these cases often require:
- Detailed medical evaluations
- Witness statements from those who knew your condition before and after
- Testimony from healthcare providers or accident reconstruction experts
That’s why working with a lawyer early, even if you’re not sure how serious the injury is, can help preserve your options if symptoms progress later.
What If You’re Being Blamed for the Accident?
Injury cases often involve disputes about fault. If it’s determined that you share partial blame for your accident and injury, that doesn’t necessarily end your right to compensation, but it can reduce what you recover.
Indiana follows a modified comparative fault rule, which means:
- You may still recover compensation if you’re less than 51% at fault
- Your compensation is reduced in proportion to your share of the blame
- If you are 51% or more at fault, you likely cannot recover damages
For example, if you’re found to be 30% at fault for a crash, the total compensation you would have received had you been blameless will be reduced by 30%.
Insurance adjusters often use this rule to lower payouts. An experienced lawyer can push back against unfair fault claims and help document the full story, especially if the incident report or witness testimony is unclear.
FAQs About Personal Injury Lawsuit Deadlines
Can I still file if the accident happened more than two years ago?
Only in rare cases. Courts may allow late filings if the injured person was legally incapacitated, a minor, or unaware of the injury for valid reasons. These are fact-intensive cases, and success is never guaranteed.
How much does it cost to talk to a personal injury lawyer about deadlines?
Most personal injury lawyers offer free consultations and work on a contingency fee basis, meaning you don’t pay anything up front, and your lawyer only gets paid if you receive a settlement or award.
Can I start a claim even if I haven’t finished medical treatment?
Yes, you can begin a personal injury claim while still receiving treatment. In fact, starting early helps preserve your rights before the statute of limitations runs out. Your claim can be updated as your condition evolves, especially if long-term care or future complications are expected.
What if I moved to a different state after the accident?
If your accident happened in one state but you now live in another, you typically must follow the statute of limitations in the state where the injury occurred. Moving doesn’t reset or extend your deadline, so it’s important to contact a lawyer licensed in the original state.
Does the claim deadline change if I’m suing more than one person?
No, the statute of limitations usually applies the same way, even if multiple parties are involved. You still must file your lawsuit within the time allowed by law. However, different deadlines might apply if a government entity is involved or if different types of claims are included.
Getting Legal Help Before It’s Too Late
Even if your accident was months ago, it might not be too late to take action. But time limits are real, and they don’t stop for uncertainty, slow-healing injuries, or busy schedules. When it comes to personal injury claims, the sooner you ask questions, the more options you may have.
If you’re starting to wonder whether the window has passed or if symptoms are only now getting worse, don’t wait any longer. You may still have a valid case. But every day you delay can make it harder to gather evidence, document medical findings, or challenge fault.
Contact Hurst Limontes for Trusted Legal Guidance
William W. Hurst, Personal Injury Lawyer in Indianapolis
At Hurst Limontes, we’ve spent decades helping injured Hoosiers take control after an accident. We know how easy it is to miss a deadline and how much it can cost. That’s why we act quickly, handle the legal work for you, and help protect your right to full and fair compensation.
If you’ve been injured and aren’t sure where to begin, we’re here to help. Call (317) 636-0808 or contact us online for a free consultation and case review today.
Our attorneys are based in Indianapolis, but we serve clients throughout Indiana, including Carmel, Zionsville, Lawrenceburg, Evansville, South Bend, Muncie, Terre Haute, Avon, Meridian Hills, and Fort Wayne.
