Indiana Tolling: Minors, Concealment, and Incapacity

Indiana's two-year clock pauses for the reasons most states recognize — and for a defendant who actively works to hide what they did.

Minors: the clock waits for 18

Under Ind. Code § 34-11-2-4 and related provisions, the statute of limitations for a minor's injury claim generally does not begin running until the minor turns 18. The minor then has two years from that birthday to file — giving a child injured well before adulthood a genuine opportunity to pursue the claim once they're legally able to act on their own behalf.

Fraudulent concealment: when the defendant hides their own fault

Indiana recognizes a genuinely important tolling rule for situations where the person responsible for an injury actively takes steps to prevent the injured party from discovering their involvement. Under Ind. Code § 34-11-5-1, where this kind of concealment occurs, the claimant generally has two years to file from the date that the responsible party's involvement is actually revealed — not from the date of the original injury. This protects someone from losing their right to sue simply because the wrongdoer successfully hid their role for an extended period.

Legal incapacity: the clock waits for competency

Under Ind. Code § 34-11-6-1, someone who is under a legal disability at the time of the injury — a recognized form of incapacity that affects their ability to manage their own legal affairs — generally has two years to file from the date that disability ends, rather than from the date of the original injury.

Where discovery genuinely matters

For most ordinary injury claims, Indiana's two-year clock starts on the date of the injury itself. The asbestos exposure rule is a real, specific exception: there, the clock instead starts when the person knew, or reasonably should have known, they suffered an asbestos-related injury, which can be many years after the actual exposure.

What doesn't pause the clock

A genuinely common and costly misunderstanding: actively negotiating a settlement with an insurance company does not toll or pause Indiana's filing deadline. The clock keeps running the entire time talks are ongoing, regardless of how close the parties seem to a resolution.

Indiana discovery rule & tolling — frequently asked questions

Until what age is Indiana's deadline tolled for a minor?

18. The statute of limitations for a minor's injury claim generally does not begin until they turn 18, and they then have two years from that birthday to file.

What happens if the person responsible for my injury hides their fault?

Under Indiana Code § 34-11-5-1, if the responsible party takes active steps to conceal their involvement, the claimant generally has two years to file from the date that involvement is actually revealed.

Does Indiana toll the deadline for a legally incapacitated person?

Yes. Under Indiana Code § 34-11-6-1, someone under a legal disability at the time of injury generally has two years to file from the date the disability ends.

When does Indiana's two-year clock typically start running?

Generally on the date of the injury itself, though for certain claims like asbestos exposure, the clock instead starts when the injury was discovered or reasonably should have been discovered.

Does negotiating with an insurance adjuster pause Indiana's statute of limitations?

No. Settlement negotiations do not toll or pause the filing deadline. The clock keeps running regardless of how active the negotiations are.

This page provides general guidance only and is not legal advice. Figures are based on Indiana statute (Ind. Code § 34-11-2-4, § 34-11-5-1, § 34-11-6-1), verified per our methodology. Whether tolling applies to a specific situation depends on its facts. Confirm with a licensed Indiana attorney before acting.