## How the limitation period applies

The controlling primary authority for US-IN wrongful death SOL (IC 34-23-1-1) is **34-23-1-1**.

> **34-23-1-1.** When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury

## Related statutes

### 34-23-1-1 — IC 34-23-1-1

> When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury

## Use the calculator

DocketMath's statute-of-limitations tool can model these timelines once you identify the controlling claim type and accrual date. Use the source panel for the verified primary-source citations.

[Open the Statute of Limitations calculator](/tools/statute-of-limitations)

## Sources

- [34-23-1-1 — IC 34-23-1-1](https://law.justia.com/codes/indiana/title-34/article-23/chapter-1/section-34-23-1-1/)
- [34-23-1-1 — IC 34-23-1-1](https://codes.findlaw.com/in/title-34-civil-law-and-procedure/in-code-sect-34-23-1-1.html)

Verified across multiple secondary sources cross-referenced for agreement: `law.justia.com`, `codes.findlaw.com`.

**Corroboration method:** spa_subagent_dual_fetch.


Statute of Limitations for Wrongful Death in Indiana.

Statute of Limitations for Wrongful Death in Indiana

ANO-831 deepen pass: per-claim citation+notes populated; legal_malpractice cite corrected (§34-11-2-4 → §34-11-2-3 per Shideler v. Dwyer); product_liability cite corrected (§34-11-2-4 → §34-20-3-1 IPLA); trespass period corrected (2 yr PI default → 6 yr §34-11-2-7 for real property). raw_statute_text propagated from top-level §34-11-2-4 onto claim_types that derive from it (PI, premises, libel, slander, property_damage).

Sec. 4. (a) An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.

Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues: (1) Actions on accounts and contracts not in writing.

Sec. 11. (a) Except as provided in subsection (b), an action upon contracts in writing other than those for the payment of money, and including all mortgages other than chattel mortgages, deeds of trust, judgments of courts of record, and for the recovery of the possession of real estate, must be commenced within ten (10) years after the cause of action accrues. However, an action upon contracts in writing other than those for the payment of money entered into before September 1, 1982, not including chattel mortgages, deeds of trust, judgments of courts of record, or for the recovery of the possession of real estate, must be commenced within twenty (20) years after the cause of action accrues.

Sec. 4. (b) Except as provided in subsections (c) and (d), an action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.

Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues: (1) Actions on accounts and contracts not in writing. (2) Actions for use, rents, and profits of real property. (3) Actions for injuries to property other than personal property, damages for detention of personal property and for recovering possession of personal property. (4) Actions for relief against frauds.

An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues.

Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues: (4) Actions for relief against frauds.

Sec. 3. An action of any kind for damages, whether brought in contract or tort, based upon professional services rendered or which should have been rendered, may not be brought, commenced, or maintained, in any of the courts of Indiana against physicians, dentists, surgeons, hospitals, sanitariums, or others, unless the action is filed within two (2) years from the date of the act, omission, or neglect complained of.

(b) A claim, whether in contract or tort, may not be brought against a health care provider based upon professional services or health care that was provided or that should have been provided unless the claim is filed within two (2) years after the date of the alleged act, omission, or neglect, except that a minor less than six (6) years of age has until the minor's eighth birthday to file.

Sec. 4. (a) An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues. (b) Except as provided in subsections (c) and (d), an action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse. (c) An action for injury to a person that: (1) results from the sexual abuse of a child; (2) is barred due to the expiration of the statute of limitations period described in subsection (b); and (3) is brought against a congressionally chartered organization that was incorporated before June 16, 1916; may be commenced in accordance with subsection (d). (d) An action described in subsection (c) may be commenced before July 1, 2025, by a person who, before January 1, 2024, participated in a bankruptcy proceeding or bankruptcy settlement that: (1) was initiated on February 18, 2020; and (2) involved the organization described in subsection (c)(3). As added by P.L.1-1998, SEC.6. Amended by P.L.44-2013, SEC.1; P.L.79-2024, SEC.1.

(a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1 , this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort. (b) Except as provided in section 2 of this chapter, a product liability action must be commenced: (1) within two (2) years after the cause of action accrues; or (2) within ten (10) years after the delivery of the product to the initial user or consumer. However, if the cause of action accrues at least eight (8) years but less than ten (10) years after that initial delivery, the action may be commenced at any time within two (2) years after the cause of action accrues.

Sec. 9. (a) As used in this section, "deposit account" has the meaning set forth in IC 28-9-2-5. (b) Except as provided in subsection (c), an action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August 31, 1982, must be commenced within six (6) years after the cause of action accrues. An action upon promissory notes, bills of exchange, and other written contracts for the payment of money executed on or after September 19, 1881, and before September 1, 1982, must be commenced within ten (10) years after the cause of action accrues.

Sec. 4. (a) An action for: (1) injury to person or character; (2) injury to personal property; or (3) a forfeiture of penalty given by statute; must be commenced within two (2) years after the cause of action accrues. (b) Except as provided in subsections (c) and (d), an action for injury to a person that results from the sexual abuse of a child must be commenced within the later of: (1) seven (7) years after the cause of action accrues; or (2) four (4) years after the person ceases to be a dependent of the person alleged to have performed the sexual abuse.

Sec. 725. (1) An action for breach of any contract for sale must be commenced within four (4) years after the cause of action has accrued.

When the death of one is caused by the wrongful act or omission of another, the action shall be commenced by the personal representative of the decedent within two (2) years, and the damages shall be in such an amount as may be determined by the court or jury

The statute of limitations is tolled during the time the plaintiff is incapacitated,

The statute of limitations for fraud may be extended until the fraud is discovered.

Under Indiana Code § 34-11-2-4(a), actions for injury to person or character, injury to personal property, or forfeiture of a statutory penalty must be commenced within two (2) years after the cause of action accrues. Subsections (b)–(d) provide enlarged and revival periods specific to child-sexual-abuse claims and a narrow congressionally-chartered-organization carve-out, but the baseline two-year period controls ordinary personal-injury and negligence actions.

Under Indiana law, an action upon a written contract (other than a written contract for the payment of money, which is governed by IC 34-11-2-9) must be commenced within ten (10) years after the cause of action accrues, per IC 34-11-2-11(a). A pre-September-1-1982 carve-out and a real-estate surveyor-line carve-out apply per the verbatim text.

An Indiana civil action for slander (spoken defamation) is an 'injury to character' and is subject to the two-year limitations period at Ind. Code § 34-11-2-4(a)(1). Indiana does not have a separate, claim-type-specific civil statute of limitations for slander or defamation; such claims route to the general two-year personal-injury/injury-to-character lane at § 34-11-2-4(a)(1).

Indiana's SOL for personal injury is 2 years under Ind. Code § 34-11-2-4.

Indiana's SOL for breach of a written contract is 10 years under IC 34-11-2-11.

Indiana's SOL for wrongful death is 2 years under IC 34-23-1-1.

Indiana's SOL for medical malpractice is 2 years under IC 34-18-7-1.

Indiana's SOL for professional-services malpractice is 2 years under IC 34-11-2-3.

Indiana's SOL for product liability is 2 years under IC 34-20-3-1.

Indiana's SOL for premises liability (injury to person) is 2 years under IC 34-11-2-4.

Indiana's SOL for breach of an oral contract (accounts and contracts not in writing) is 6 years under IC 34-11-2-7.

Indiana's SOL for a UCC contract for the sale of goods is 4 years under IC 26-1-2-725.

Indiana's SOL for fraud (relief against frauds) is 6 years under IC 34-11-2-7.

Indiana's SOL for libel (injury to character) is 2 years under IC 34-11-2-4.

Indiana's SOL for slander (injury to character) is 2 years under IC 34-11-2-4.

Indiana's SOL for property damage (injury to personal property) is 2 years under IC 34-11-2-4.

Indiana's SOL for trespass (injury to personal property) is 2 years under IC 34-11-2-4.

Under IC § 34-11-2-9(b), an action upon promissory notes, bills of exchange, or other written contracts for the payment of money executed after August 31, 1982 — including student loan promissory notes — must be commenced within six (6) years after the cause of action accrues.

Under Ind. Code § 34-11-2-7(1), an action on an account or a contract not in writing — which includes credit-card debt and open-account debt — must be commenced within six (6) years after the cause of action accrues.

Indiana tolls the SOL for persons under legal disabilities (including minors) at the time a cause of action accrues; they have two years after the disability is removed to bring suit.

Independent source confirms IC § 34-11-6-1 text for minor/legal-disability tolling.

Indiana tolls the SOL for the period a defendant is a nonresident of Indiana without a registered agent for service of process, per IC § 34-11-4-1.

onecle.com independently confirms IC § 34-11-4-1 nonresident-defendant tolling text.

Indiana tolls the SOL when a defendant conceals the cause of action; the limitations period restarts from discovery, per IC § 34-11-5-1.

onecle.com independently confirms IC § 34-11-5-1 fraudulent-concealment tolling text.

Indiana Supreme Court recognized the common-law discovery rule in Doe v. Shults-Lewis, 718 N.E.2d 738 (Ind. 1999); cause of action accrues when plaintiff knew or with ordinary diligence could have discovered the injury.

IC § 34-11-5-1 uses discovery-based accrual language ('after the discovery of the cause of action'), confirming Indiana applies a discovery rule to tolled actions.

An action on an account stated or open account in Indiana must be commenced within six years under Ind. Code § 34-11-2-7(1).

Sec. 1. The time during which the defendant is a nonresident of the state is not computed in any of the periods of limitation except during such time as the defendant by law maintains in Indiana an agent for service of process or other person who, under the laws of Indiana, may be served with process as agent for the defendant.

Sec. 1. If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.

Sec. 1. A person who is under legal disabilities when the cause of action accrues may bring the action within two (2) years after the disability is removed.

Statute of Limitations for Wrongful Death in Indiana

Current verified answer

Authority and key facts

How the limitation period applies

Related statutes

34-23-1-1 — IC 34-23-1-1

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