TIME-SENSITIVE: Indiana Statute of Limitations

Indiana law gives most injury victims two years from the date of injury to file a lawsuit. After that deadline passes, you permanently lose your right to pursue compensation — regardless of how strong your case is.

A serious injury doesn’t just hurt — it upends everything at once. Medical bills arrive before you’re out of the hospital. Missed work means missed income. Insurance adjusters start calling before you’ve had a chance to think clearly. If that injury happened because someone else was careless, reckless, or negligent, Indiana law gives you the right to pursue fair compensation. But that right has a deadline, and the steps you take in the weeks after an injury can make or break your case.

Wagner Reese, LLP has been standing up for injury victims across Indiana since 1997. Our attorneys have collectively recovered more than $200 million for clients and have been recognized year after year by Super Lawyers and The Best Lawyers in America. Our Bloomington personal injury lawyers handle the full spectrum of catastrophic injury and negligence cases — from motor vehicle accidents and medical malpractice to birth injuries and wrongful death. We work on a contingency basis, which means you pay no attorney’s fees unless we recover compensation for you. If you’ve been injured in or around Monroe County, we’re available 24/7 to take your call.

Bloomington Personal Injury Practice Areas

Wagner Reese represents injury victims across every major personal injury practice area in Monroe County and the surrounding region. Select a practice area to learn more about your specific situation.

Car AccidentsCollisions, rear-ends, intersections, DUI crashes Truck AccidentsSemi-trucks, 18-wheelers, commercial vehicles Motorcycle AccidentsNegligent drivers, road hazards, lane violations Bus AccidentsTransit, school, and charter bus crashes Rideshare AccidentsUber and Lyft crashes, multi-party insurance claims Bicycle AccidentsCyclist rights, dooring, driver negligence Pedestrian AccidentsCrosswalk strikes, sidewalk accidents, hit-and-run Premises LiabilitySlip and fall, unsafe conditions, negligent security Medical MalpracticeSurgical errors, misdiagnosis, medication mistakes Birth InjuriesOxygen deprivation, brachial plexus, brain damage Brain InjuriesTBI, concussions, catastrophic neurological harm Nursing Home NeglectAbuse, neglect, falls, and medication errors Sexual Abuse and AssaultCivil claims for survivors, confidential representation Wrongful DeathRepresenting families who have lost someone to negligence

Not sure which category fits your situation? Call us and describe what happened — we’ll tell you exactly where your case stands.

Understanding Indiana Personal Injury Law

Indiana personal injury law is built around one core principle: when someone else’s negligence causes you harm, that person or entity should be held responsible for the consequences. Understanding how Indiana’s legal framework operates before you file a claim helps you make informed decisions and avoid the mistakes insurance companies count on.

Indiana’s Modified Comparative Fault System

Indiana follows a modified comparative fault system governed by the Indiana Comparative Fault Act (Ind. Code §§ 34-51-2-5 and 34-51-2-6). Here’s how fault affects your recovery:

  • 0–50% at fault: You can recover compensation, reduced proportionally. If you’re 20% at fault, your award is reduced by 20%.
  • Over 50% at fault: You are completely barred from recovering any compensation.
  • Intentional torts: Comparative fault does not apply — the defendant bears 100% liability.
  • Government defendants: Contributory negligence standards may govern rather than the Comparative Fault Act, and pre-suit notice rules apply.

This threshold makes it critically important to have an attorney who can build a strong case establishing the other party’s responsibility and minimizing any fault unfairly attributed to you.

Statute of Limitations by Claim Type

Claim Type Filing Deadline Key Notes
General Personal Injury2 YearsFrom date of injury or discovery
Wrongful Death2 YearsFrom date of death
Medical Malpractice2 YearsPre-suit medical review panel required under Indiana’s Medical Malpractice Act
Claims vs. Government180 DaysNotice of tort claim required before any lawsuit can be filed
Minors (under 18)Tolled until 18Clock may begin at age of majority; consult an attorney for specifics

Damage Caps in Indiana

  • Medical malpractice: The Medical Malpractice Act caps total recovery against healthcare providers. An initial amount is paid by the provider’s insurer; additional recovery is available through Indiana’s Patient’s Compensation Fund.
  • Government defendants: The Indiana Tort Claims Act caps recovery and requires pre-suit notice within 180 days.
  • Most other personal injury cases: No cap on compensatory damages, including pain and suffering.

What Compensation Can You Recover After an Injury in Bloomington?

Compensation in a personal injury case is designed to make you whole — to put you as close as possible to where you would have been had the injury never happened. Indiana recognizes two broad categories of compensatory damages.

Damage Type What It Covers Examples
Economic DamagesMeasurable financial losses with a verifiable dollar figureMedical bills, lost wages, lost earning capacity, rehabilitation costs, in-home care, property damage
Non-Economic DamagesHuman costs that don’t appear on any billPain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, disfigurement
Punitive DamagesPunishment for egregious misconduct (rare; subject to Indiana caps)Cases involving drunk driving, gross negligence, or intentional harm

In serious injury cases, non-economic damages often represent the largest share of a fair recovery. Our attorneys work with medical professionals and economists to present these losses clearly and persuasively to insurers and, when necessary, to Monroe County juries.

The Personal Injury Claims Process in Indiana

Most people have never filed a personal injury claim before. The process can feel overwhelming — but when you work with Wagner Reese, we handle every step. Here’s what the path from injury to resolution typically looks like:

1

Free Consultation and Case Evaluation

You call us — we listen. We review the facts of your injury, assess liability, and give you an honest assessment of your options. No cost, no obligation. If we take your case, we handle everything from this point forward.

2

Investigation and Evidence Preservation

We move immediately to secure evidence before it’s lost — police reports, accident scene photos, surveillance footage, medical records, witness statements, employment records, and independent expert analysis in complex cases. The Monroe County Courthouse is familiar territory for our legal team.

3

Demand and Insurance Negotiation

We handle all communication with insurance companies on your behalf. You do not speak to adjusters alone. We prepare a comprehensive demand package and negotiate aggressively. Insurance companies know we are prepared to take cases to trial.

4

Settlement or Litigation

Most cases resolve through settlement. When they don’t — or when the offered amount is inadequate — we file suit and prepare for trial. Wagner Reese’s founding partners are recognized Trial Lawyers of the Year, and our firm has secured numerous million-dollar and multi-million-dollar verdicts for Indiana clients.

5

Recovery and Resolution

Once a settlement is reached or a verdict is entered, we handle all disbursement, lien resolution, and final documentation. Our fee comes out of the recovery — you never write us a check out of pocket.

What to Do After an Injury in Bloomington

The steps you take in the first 48 to 72 hours after being injured have a direct impact on the strength and value of your claim. Here is what matters most — and what to avoid.

Do These Things

  • Seek medical attention immediately — even for minor symptoms
  • Call law enforcement and get a report number
  • Photograph the scene, vehicles, hazards, and your injuries
  • Get names and contact info from witnesses
  • Report the incident to the property owner if applicable
  • Keep every medical bill, receipt, and record
  • Write down your account of what happened while it’s fresh
  • Call Wagner Reese before speaking to anyone else

Avoid These Mistakes

  • Giving a recorded statement to any insurance company
  • Accepting a quick settlement offer without legal advice
  • Posting about the accident on social media
  • Signing any documents from an insurance adjuster
  • Delaying medical treatment — gaps undermine your claim
  • Assuming your own insurance company is on your side
  • Waiting too long — Indiana’s 2-year clock starts immediately
  • Handling the case without an attorney

Initial settlement offers are almost always far below what a case is actually worth. Once you accept, you generally cannot go back and seek more — even if your condition worsens or additional expenses emerge. Call us before you sign anything.

Why Bloomington Injury Victims Choose Wagner Reese

Wagner Reese, LLP was founded in 1997 by Stephen Wagner and Jason Reese with a clear mission: handle the most serious injury cases in Indiana with the depth and dedication they demand. Nearly three decades later, that mission hasn’t changed. Learn more about our firm and our attorneys.

$200M+

Recovered for clients

150+

Combined years of experience

28+

Years serving Indiana

24/7

Attorney availability

$0

Fees unless we win

  • Boutique, selective practice: We take on cases that require experience and resources. We do not operate as a high-volume settlement mill.
  • Peer-referred: Approximately 50 to 60 percent of our cases come from referrals by other attorneys and law firms who trust us with their most complex matters.
  • Recognized at the highest levels: Every attorney at Wagner Reese is recognized by Super Lawyers and The Best Lawyers in America. Our firm holds Tier-One recognition from U.S. News and World Report’s Best Law Firms rankings. Stephen Wagner is recognized among the Top 25 Motor Vehicle Trial Lawyers. Jason Reese is recognized as a Top 25 Medical Malpractice Trial Lawyer. Both founding partners have received Trial Lawyer of the Year honors.
  • Fully contingency-based: You pay nothing unless we recover compensation for you. Our fee is competitive, transparent, and aligned with your outcome.
  • Personal attention: Your case is handled by an attorney — not delegated to a paralegal or resolved as quickly as possible to clear a file.

Frequently Asked Questions — Bloomington Personal Injury Lawyers

The following questions address what Bloomington injury victims most commonly ask when considering a personal injury claim in Indiana.

How long do I have to file a personal injury lawsuit in Indiana?+

In most personal injury cases in Indiana, you have two years from the date of your injury to file a lawsuit. This deadline is set by Indiana’s statute of limitations. If you miss it, you permanently lose your right to pursue compensation — regardless of how clear the other party’s fault may be. There are exceptions: claims against government entities require a notice of tort claim within 180 days before a lawsuit can be filed, and claims involving minors may be tolled until the injured person turns 18. Medical malpractice claims also carry their own procedural requirements under Indiana’s Medical Malpractice Act, including a mandatory pre-suit review panel. Because exceptions and tolling rules can be fact-specific, the safest approach is to contact an attorney as soon as possible after your injury.

How much does it cost to hire a personal injury lawyer in Bloomington?+

Wagner Reese works entirely on a contingency fee basis, which means you pay nothing out of pocket to hire us. Our attorney’s fee is a percentage of the compensation we recover for you — if we don’t recover anything, you owe us nothing. There are no upfront retainer fees, no hourly charges, and no surprise costs. Our initial consultation is also completely free. This fee structure ensures our incentives are fully aligned with yours: we are motivated to maximize your recovery because that is how we are paid. We are transparent about our fee percentage from the outset, and it is competitive relative to other Indiana personal injury firms.

What is Indiana’s modified comparative fault rule and how does it affect my case?+

Indiana’s modified comparative fault system means that your compensation can be reduced — or eliminated — based on your own share of fault for the accident. Under Indiana Code § 34-51-2, if you are found to be partially responsible for your injury, your damages are reduced in proportion to your percentage of fault. For example, if your total damages are $100,000 and you are found to be 20% at fault, your recovery is reduced to $80,000. However, if your share of fault is greater than 50%, you are barred from recovering anything at all. This rule is why insurance companies often try to shift blame onto injured victims — even a small increase in your assigned fault percentage can significantly reduce what they have to pay. Having an experienced attorney is essential to counter these tactics and protect your recovery.

What should I do immediately after being injured in Bloomington?+

The steps you take in the hours and days immediately after your injury have a direct impact on the strength of your claim. Seek medical attention as soon as possible — even if you believe your injuries are minor, some conditions like traumatic brain injuries or soft tissue damage may not present symptoms immediately. A gap between your accident and your first medical visit gives insurance companies room to argue your injuries were not caused by the incident. Call law enforcement and get a report number. Photograph the scene, vehicles, hazards, and any visible injuries. Get contact information from any witnesses. Do not give a recorded statement to any insurance company, and do not accept any settlement offer before consulting an attorney. Contact Wagner Reese before you speak to anyone else — the earlier we are involved, the more we can do to protect your evidence and your rights.

How long does a personal injury case take to resolve in Indiana?+

There is no single answer because case timelines depend heavily on the type and severity of the injury, how disputed liability is, how cooperative the insurance company is, and whether the case resolves through settlement or goes to trial. Many straightforward cases with clear liability and documented damages resolve within several months. More complex cases — such as those involving catastrophic injuries, disputed fault, medical malpractice, or trucking accidents with multiple defendants — can take one to two years or longer. One principle that should guide your decision-making: you should not accept a settlement before you have reached maximum medical improvement, meaning you understand the full extent of your injuries and future medical needs. Settling too early can leave you undercompensated for treatment and lost income you haven’t yet experienced.

What types of compensation can I recover in an Indiana personal injury case?+

Indiana personal injury law allows recovery for both economic and non-economic damages. Economic damages cover the measurable financial losses caused by your injury: current and future medical bills, hospital stays, rehabilitation, prescription medications, in-home care, lost wages for time you were unable to work, and long-term loss of earning capacity if your injuries affect your ability to work in the future. Non-economic damages address the human cost of your injury that does not appear on any invoice — pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and permanent disfigurement. In cases involving especially egregious misconduct, punitive damages may also be available, though they are rare and subject to Indiana caps. In serious injury cases, non-economic damages often represent the largest portion of a fair recovery. Our attorneys work with medical professionals and economic analysts to document and present all categories of loss as fully as possible.

If you or someone in your family has been seriously injured in Bloomington or the surrounding Monroe County area, contact Wagner Reese, LLP today for a free, no-obligation consultation. Our attorneys are available 24 hours a day, seven days a week. Call us at (888) 204-8440 or reach out through our online contact form to get started.