Frequently Asked Questions About Indiana Slip and Fall Deadlines
1. How long do I have to file a slip and fall lawsuit in Indiana?
Most Indiana slip and fall lawsuits must be filed within two years of the date of the injury. Indiana Code § 34-11-2-4 establishes the general statute of limitations for personal injury claims. Certain exceptions may apply depending on the circumstances.
2. Is the deadline different if I slipped and fell on government property in Indiana?
Yes. Claims involving government entities can have much shorter notice deadlines. Claims against certain political subdivisions generally require written notice within 180 days, while claims against the State of Indiana generally require notice within 270 days.
3. Does filing an insurance claim stop the two-year deadline?
Generally, no. Filing an insurance claim or negotiating with an insurance company does not automatically stop the statute of limitations. A lawsuit may still need to be filed before the applicable deadline even if settlement negotiations are ongoing.
4. What happens if I miss the statute of limitations for an Indiana slip and fall?
If the applicable deadline expires, the property owner may ask the court to dismiss the lawsuit. This could prevent you from recovering compensation for medical expenses, lost income, pain, future treatment, and other damages. Limited exceptions may apply in certain situations.
5. Why should I contact a lawyer before the slip and fall deadline gets close?
Waiting can make important evidence harder to obtain. Surveillance footage may be overwritten, hazards may be repaired, and witnesses may become difficult to locate. Early investigation can also help determine whether a two-year filing deadline or a shorter government notice requirement applies.