Ind. Code § 34-11-2-4
Limitation of actions for injuries to person or character: the cases that interpreted this section
227 citing cases reviewed: 179 interpreted the section (annotated below), 48 cited it only in passing. Cases filed after 2026-05-20 may not have been reviewed yet.
Have a situation under Ind. Code § 34-11-2-4?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Statute of limitations—Injury to personal property
Section 34-11-2-4 sets a two-year limitations period for personal-injury negligence claims, but the period begins after a continuing wrongful course of conduct ends.
Hullinger v. MD · filed 2021-04-05
The statute of limitations governing negligence claims involving personal injury is also two years. Indiana Code § 34-11-2-4. However, like the section 1983 claims, the negligence claims also accrue later due to a continuing wrong doctrine.Read the full opinion on CourtListener →
Section 34-11-2-4 requires an Indiana personal-injury action to be commenced within two years after the cause of action accrues.
Shicks v. Fort Wayne City of · filed 2022-11-21
In Indiana, a personal injury action must commence within two years after the cause of action accrues. Ind. Code § 34-11-2-4. ... Mr. Shicks had until April 13, 2018 to bring a § 1983 claim, but only filed his complaint on June 4, 2021. The statute of limitations bars his claim, and the court must grant summary judgment for the defendants.Read the full opinion on CourtListener →
Section 34-11-2-4 sets a two-year statute of limitations for personal injury claims under Indiana law.
VANDENBOOM v. INDOI AGENCY · filed 2023-06-28
Under Indiana law, personal injury claims have a two-year statute of limitations. Ind. Code § 34-11-2-4. Vandenboom alleges the injuring events "took place between 2016 and Jan. 4th, 2018" (Docket No. 6) and initially filed the present action on October 12, 2022. (Docket No. 1).2 This is well past the statutory limit, and as such, Vandenboom's constitutional claims under § 1983 are barred.Read the full opinion on CourtListener →
Section 34-11-2-4 requires an action for injury to a person to be commenced within two years after the cause of action accrues.
Lanham v. Doe · filed 2024-02-23
Under Indiana law, an action for “injury to person...must be commenced within two (2) years after the cause of action accrues. “ I.C. §34-11-2-4.Read the full opinion on CourtListener →
Section 34-11-2-4 provides a two-year statute of limitations for Indiana personal-injury actions, which applies to § 1983 claims when determining the limitations period.
Connolly v. Wilkening · filed 2025-04-04
Indiana’s personal injury statute of limitations is two years. ... This means that any claim for a violation of 42 U.S.C. § 1983 must be brought within two years of the date of the conduct, or when Plaintiff learned of the conduct.Read the full opinion on CourtListener →
Section 34-11-2-4(a) gives personal-injury claims a two-year limitations period after accrual.
ESTATE OF EDWARD GANT, III, deceased, by LILLIAN GANT, Administrator, et al. v. ISIAH PRICE, et al. · filed 2025-11-17(a)
For § 1983 claims, “the statute of limitations is determined by the law of the state in which the violation took place.” Hoagland v. Town of Clear Lake, Ind., 415 F.3d 693, 699-700 (7th Cir. 2005). Indiana’s statute of limitations for personal injury claims applies here, and that limitations period is two years after accrual. Ind. Code § 34-11-2-4(a).Read the full opinion on CourtListener →
Section 34-11-2-4 imposes a two-year statute of limitations on claims for injury to personal property, measured from accrual, while damage to other property is subject to a different limitations period.
Heath v. Wal-Mart Stores, Inc. · filed 2000-09-26
A two-year statute of limitations controls damages to personal property. Ind.Code § 34-11-2-4. “Actions for injuries to property other than personal property [i.e., real property] ... must be commenced within six (6) years after the cause of action accrues.” Ind.Code § 34-11-2-7 (1998).Read the full opinion on CourtListener →
Section 34-11-2-4 requires a personal-injury action to be brought within two years after accrual, and a tort claim accrues when the plaintiff knew or should have known that an injury occurred.
Steele v. Maren Engineering Corp. · filed 2005-08-15
Plaintiffs claim is governed by Indiana Code 34-11-2-4 which explains that an action for injuries to a person must be brought within two years after the cause of action accrues. Ind.Code § 34-11-2-4. In Indiana, a cause of action grounded in tort accrues and the statute of limitations begins to run when the plaintiff knew or should have known that an injury occurred. In this case plaintiff was injured on February 9, 2001. He had until February 9, 2003, to bring a claim of negligence. Because the lawsuit was filed on February 10, 2003, it was filed beyond the two-year limitations period and any claim of negligence is barred.Read the full opinion on CourtListener →
Section 34-11-2-4 requires actions for injury to the person or character, including Indiana tort and § 1983 injury claims, to be commenced within two years after the cause of action accrues.
Hurt v. WEST LAFAYETTE COMMUNITY SCHOOL CORPORATION · filed 2006-09-27
Indiana’s two-year statute of limitations period for personal injury claims applies to a claim of injury under Indiana tort law or 42 U.S.C. § 1983. Ind.Code § 34-11-2-4; ... This lawsuit was filed on August 30, 2005, more than two years after he reached the age of majority and more than two years after he graduated from West Lafayette High School. Therefore, the Plaintiffs must point to some evidence to show that their claims are not time-barred. ... They have failed to do so.Read the full opinion on CourtListener →
The two-year limitations period applies to claims for injury to personal property, including a parent's derivative claim for loss of services from injury to a minor child.
Campbell v. Supervalu, Inc. · filed 2008-06-30
“[T]he cause of action to the parent is one for property damage[,]” id., and therefore the two-year statute of limitations for injury to personal property applies. See Ind.Code § 34-11-2-4; see generally State v. Guziar, 680 N.E.2d 553, 554 (Ind.Ct.App.1997).Read the full opinion on CourtListener →
Section 34-11-2-4 supplies a two-year limitations period for Indiana personal-injury actions, which the court applied to the proposed § 1983 claim.
Gilman v. Amos · filed 2011-10-21
The court here properly concluded that joining Rieger would be futile, because the claim against him was time-barred: Gilman asserted that Rieger was deliberately indifferent for actions he took in March 2004 but did not seek to join Rieger until June 2008 — well beyond the two-year statute of limitations in Indiana for personal injury actions. Jenkins v. Vill. of Maywood, 506 F.3d 622, 623 (7th Cir.2007); Ind.Code § 34-11-2-4.Read the full opinion on CourtListener →
The section provides a two-year limitation period for actions seeking damages for injury to personal property.
Lewis v. Methodist Hospital, Incorporated · filed 2003-04-07
If, as the district court held, Lewis’s first count in the complaint is properly characterized as a tort, then it is barred by the two-year statute of limitations for injury to personal property found in Ind.Code § 34-11-2-4. ... Bearing in mind the Supreme Court of Indiana’s admonition not to cohapse ah contract claims into tort, we conclude that under prevailing Indiana law Lewis’s first count in his complaint against Methodist Hospital seeks relief for breach of contract and is thus governed by the ten-year statute of limitations.Read the full opinion on CourtListener →
Section 34-11-2-4 requires personal injury claims in Indiana to be brought within two years.
MOTON v. PRYOR · filed 2023-11-14
"In Indiana, such claims must be brought within two years." Id. (citing Ind. Code § 34-11-2-4).Read the full opinion on CourtListener →
Claims sounding in negligence
Section 34-11-2-4(a) imposes a two-year limitations period on claims sounding in negligence.
Tehrani v. 1st Source Insurance, Inc. · filed 2017-11-03(a)
Under Indiana law, claims sounding in negligence are subject to a two-year statute of limitations. Ind. Code § 34-11-2-4(a). However, claims for "relief against frauds" are subject to a six-year statute of limitations. Ind. Code § 34-11-2-7(4).Read the full opinion on CourtListener →
Statute of limitations for slander of title
Section 34-11-2-4(a) gives a two-year limitations period for a slander-of-title claim arising from acts occurring in Indiana.
Francis v. Accubanc Mortgage Corporation · filed 2019-06-14(a)
In Indiana, where the alleged acts occurred, the statutory period is two years. See Ind. Code § 34-11-2-4(a). Accordingly, Plainitffs’ claim for slander of title, which accrued over five years before the filing of the Complaint, is untimely.Read the full opinion on CourtListener →
Subsection (a) provides a two-year limitations period for slander-of-title claims in Indiana.
Francis v. Accubanc Mortgage Corporation · filed 2020-04-30(a)
In Indiana, where the alleged acts occurred, the statutory period is two years. See Ind. Code § 34-11-2-4(a). Accordingly, Plaintiffs’ claim for slander of title, which accrued over five years before the filing of the Complaint, is untimely.Read the full opinion on CourtListener →
Attorney malpractice—Accrual and discovery
Section 34-11-2-4 requires an attorney-malpractice claim to be commenced within two years after accrual, which occurs when the plaintiff knows or could have discovered the injury through ordinary diligence.
RUCKELSHAUS v. COWAN · filed 2019-08-16
An attorney-malpractice claim must be commenced within two years “after the cause of action accrues.” Ind. Code § 34-11-2-4. Under Indiana’s “discovery rule,” a legal-malpractice claim accrues when “the plaintiff knows, or in the exercise of ordinary diligence could have discovered, that he had sustained an injury as the result of the tortious act of another.” ... Here, Ms. Ruckelshaus suffered damage in July 2000 when, following the court’s approval of the Petition, the Trust was dissolved and the Trust funds were distributed. That’s when the Agreement became operative and final. ... Under Indiana law, Ms. Ruckelshaus must be charged with knowledge of what the Agreement that she read and signed says, so her legal malpractice claim accrued when the Petition was granted, and the Agreement became final in 2000.Read the full opinion on CourtListener →
Tolling—Forgetfulness
The limitations period is not tolled merely because a plaintiff forgot about the claim; the applicable tolling statute did not toll Scruggs’s claims.
SCRUGGS v. ALDEN · filed 2020-08-28
Nothing in Indiana's tolling statute operates to toll the statute of limitations for Mr. Scruggs’ claims.Read the full opinion on CourtListener →
Conversion claims—statute of limitations
Section 34-11-2-4 imposes a two-year statute of limitations on conversion claims under Indiana law.
C&T CONSULTING GROUP, LLC D/B/A CTREN v. STERILUMEN, INC. · filed 2024-03-19
Under Indiana law, a two-year statute of limitations applies to conversion claims, see Ind. Code § 34-11-2-4; however, Colorado law bars conversion claims after three or six years, see Colo. Rev. Stat. §§ 13-80-101, -103.5; see also Curtis v. Counce, 32 P.3d 585, 588-89 (Colo. App. 2001) (determining that three-year statute of limitations under § 13-80-101 applied to the plaintiffs conversion claim rather than the six-year time bar under an exception for certain conversion claims in § 13-80-103.5).Read the full opinion on CourtListener →
Section 34-11-2-4 supplies a two-year statute of limitations for § 1983 claims.
GARNER v. LOPEZ-HERNANDEZ · filed 2025-07-22
For § 1983 claims, the statute of limitations is two years.Read the full opinion on CourtListener →
Ind. Code § 34-11-2-4 supplies the two-year limitations period applied to § 1983 claims.
CARLYLE v. AUGUSTINOWICZ · filed 2025-01-08
Mr. Carlyle's motion is GRANTED to the extent that the Court reiterates that the statute of limitations for a § 1983 claim is two years. ... This means that Mr. Carlyle would have had to bring this lawsuit within two years after March 11, 2020—the date on which he alleges Officers Augustinowicz and Shaller violated his constitutional rights.Read the full opinion on CourtListener →
Section 34-11-2-4 supplies a two-year statute of limitations for personal-injury claims in Indiana, which governs § 1983 and § 1985 claims.
Hoagland v. TOWN OF CLEAR LAKE, INDIANA · filed 2004-10-28
The statute of limitations used for § 1983 claims is the statute of limitations for personal injury claims in the state where the alleged § 1983 violations took place, King v. One Unknown Fed. Corr. Officer, 201 F.3d 910, 913 (7th Cir.2000), which is two years in Indiana, Ind.Code § 34-11-2-4.Read the full opinion on CourtListener →
Section 34-11-2-4's two-year limitation for personal-injury claims does not govern an ITCA suit when the claim is controlled by FELA.
Januchowski v. Northern Indiana Commuter Transportation District · filed 2009-05-07
Because the ITCA does not expressly contain a statute of limitation, we find no support for NICTD's argument that Indiana's two-year statute of limitation applies to all tort claims against the State no matter the type of tort. If the legislature had intended for that statute of limitation to apply to all claims under the ITCA, it would have inserted such a requirement into the ITCA. We find that compliance with Indiana's personal injury statute of limitation is not a condition for suit under the ITCA when the claim is controlled by FELA.Read the full opinion on CourtListener →
Statute of limitations—tortious interference and defamation
Subsection (a) provides a two-year limitations period for tortious-interference-with-contract and defamation claims, measured from accrual; for tortious interference, accrual may be when the plaintiff first knew of the injury resulting from the breach.
Dochee v. The Methodist Hospitals, Inc · filed 2024-09-30(a)
The Indiana statute of limitations for a tortious interference with contract claim is two years from the time the cause of action accrued, or when the plaintiff first knew of her injury resulting from a breach of the contract. Ind. Code § 34-11-2-4(a). C & E. Corp. v. Ramco Indus., Inc., 717 N.E.2d 642, 644 (Ind. Ct. App. 1999). ... The Indiana statute of limitations for defamation is two years from the time the cause of action accrued. Ind. Code § 34-11-2-4(a). Burks v. Rushmore, 534 N.E. 2d 1101, 1102 (Ind. 1989).Read the full opinion on CourtListener →
Section 34-11-2-4 gives a tortious-interference-with-contract claim a two-year limitations period running from accrual, or when the plaintiff first knew of the injury resulting from the breach.
Haldar v. University of Notre Dame Du Lac · filed 2025-09-29
Second, “[t]he Indiana statute of limitations for a tortious interference with contract claim is two years from the time the cause of action accrued, or when the plaintiff first knew of her injury resulting from a breach of the contract.”Read the full opinion on CourtListener →
Tort claims—two-year limitation
Section 34-11-2-4(a) generally requires tort claims to be filed within two years after the cause of action accrues.
Herriage v. Forest River Inc · filed 2025-02-12(a)
Though Texas substantive law applies, Indiana’s procedural law—including Indiana’s statute of limitations—applies. See supra note 5. Under Indiana law, the general rule is that tort claims must be brought within two years of the action accruing. Ind. Code § 34-11-2-4(a).Read the full opinion on CourtListener →
Sexual abuse of a child
Subsection (b) creates an exception to the two-year limitations period for an injury resulting from the sexual abuse of a child.
Johnson v. Indiana Department of Child Services, et al. · filed 2026-02-25(b)
I.C. 34-11-2-4(b) establishes an exception to the two year statute of limitation for an injury that results from the sexual abuse of a child.Read the full opinion on CourtListener →
Limitations period for statutory conspiracy claims
Actions for injuries to a person or character must be filed within two years after the cause of action accrues.
BECKEFELD v. Jansma · filed 2005-05-05
Moreover, even if defamation stated a claim upon which relief can be granted, the claims Mr. Beckefeld seeks to present to the court occurred beyond the statute of limitations. ... “Indiana law requires that any action for injuries to the person or character must be commenced within two years after the cause of action accrues. I.C. 34-11-2-4 (formerly Ind.Code § 34-1-2-2(1)).” ... Mr. Beckefeld signed his complaint on March 29, 2005, so, for the purpose of this memorandum, the court will treat any events occurring before March 29, 2003 as beyond the statute of limitations.Read the full opinion on CourtListener →
Section 34-11-2-4(a) requires actions for injury to a person or character to be commenced within two years after the cause of action accrues.
Cahill v. Charity Davis · filed 2024-08-28(a)
The statute of limitations for ordinary negligence claims is two years. See Ind. Code § 34-11-2-4(a) (“An action for . . . injury to person or character . . . must be commenced within two (2) years after the cause of action accrues.” ... Baptist notified Plaintiffs on January 16, 2019, that Charity had accessed their medical records.Read the full opinion on CourtListener →
Notes 151–179 of 179, oldest cases first.
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