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INDIANA

Negligence / Personal Injury

2 Years with Discovery Rule

Wrongful Death

2 years from date of death or from date of knowledge of injury by radiation or asbestos.

Medical Malpractice

2 years from act or omission subject to certain statutory exceptions. Minors under age 6 until age 8.

Malpractice (Other Professions)

2 Years

Products Liability

2 Years (regardless of age of injured party) with Discovery Rule
SOR: 10 years from date of delivery to consumer except if action accrues more than 8 years but not more than 10 years after delivery, then there is a 2 year maximum.

Intentional Torts

2 Years

Municipal Liability/Sovereign Immunity

2 years. 270 days for notice of claims to Attorney General or the agency involved. Immunity available to government entities in some limited situations. Notice required for claims against state and local governments.

Discovery Rule

SOL runs from date injury is, or should have been, discovered.  See specific rules above as to products liability, asbestos, radiation.

Comparative Negligence

Plaintiff may not recover damages if 50% or more responsible for occurrence.

Charitable Immunity

Abolished.

Disabilities

2 years to commence actions upon removal of disability. Infants (18th birthday) EXCEPT IN PRODUCTS LIABILITY CASES WHERE THERE IS NO TOLL FOR INFANCY.

Damages

Medical Malpractice: $500,000 limit for injury or death which increases depending on the date of malpractice. That limit was increased to $750,000 for malpractice occurring after Jan. 1st, 1990 and to $1,250,000 for malpractice occurring after June 30th, 1999. Act applies to all “qualified” health care providers, and maximum recovery from health care provider is  $250,000. Also, numerous other limitations apply to damage awards.
Damages for lost love and companionship from wrongful death of unmarried adult person without dependents is limited to $300,000.

Punitive Damages

Not recoverable in an action brought under the wrongful death statute. May not be greater than 3 times the amount of compensatory damages awarded in the action or $50,000 (whichever is greater) – any higher award must be reduced by the court. Punitive damages are paid to the clerk of the court who then pays 25% of the award to the plaintiff and 75% to the state’s violent crime victim’s compensation board. Clear and convincing evidence of malice. fraud, gross negligence, or oppressiveness. Many specific rules and limitations apply and must be consulted in any case where the possibility of such damages is present.

Other Relevant Information

2 years with discovery rule for Asbestos and Radiation Related Injuries

Consumer Fraud Complaint

Indiana Office of the Attorney General, Consumer Protection
http://www.in.gov/attorneygeneral/consumer/
(317)232-6330
(800)382-5516