Wrongful Death Deadline vs. Personal Injury Statute of Limitations

By the FigureMyTax Editorial Team · How we calculate

Indiana's two deadlines run on the same general 2-year clock — except when a medical malpractice claim swaps in its own occurrence-based rule.

The same general period

Indiana's wrongful death deadline is generally 2 years from the date of death, under Ind. Code §34-23-1-2 — the same general period that governs an ordinary personal injury claim.

Medical malpractice runs on its own clock

Wrongful-death claims against a qualified health care provider remain subject to the Medical Malpractice Act's deadline rather than the standard wrongful death rule: 2 years from the date of the alleged act, omission, or neglect — an occurrence-based deadline that doesn't wait for the date of death. A minor under 6 generally has until their eighth birthday to file, extending well past the standard 2-year window.

Criminal proceedings don't extend the civil deadline

Criminal charges can be filed before, during, or after a wrongful death lawsuit — for example, a drunk driver facing both wrongful death and vehicular manslaughter charges — but the criminal case is legally separate and doesn't extend or affect the civil filing deadline.

This is general information, not legal advice, and deadline rules allow little room for error. Confirm the exact deadline for your situation with a licensed Indiana attorney immediately.