One issue that can be fatal to any cause of action is the statute of limitations.

In Indiana, an action for injury to person, character or personal property must be brought within 2 years of the occurrence of the injury. I.C. § 34-11-2-4 (West).

Likewise, an action against physicians, dentists, surgeons, hospitals or sanitariums must be brought within 2 years from the date of the act, omission or neglect. I.C. § 34-11-2-3 (West).

These rules may look simple but they are complicated by other legal considerations.

For example, the Indiana Tort Claims Act governs lawsuits against governmental entities. The Act requires that notice be given to all governmental entities being sued within 180 days from the date of the act, omission or neglect. Governmental entities include the Department of Transportation, police departments, school corporations and county-owned hospitals to name a few. While it is true that a person has 2 years from the date of the act to file a complaint, the person must give notice to the governmental entity within 180 days from the act to preserve the right to file the complaint.

Like anything else, there are exceptions to the 2 year rule. These exceptions include cases where a minor has been injured or where a person has not discovered the injury within 2 years of the act. Many cases are fact sensitive – that is why it is important to contact a legal professional who can guide you through the maze known as the statute of limitations

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