INDIANA

Negligence / Personal Injury
2 Years 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. Ind. Code Ann. § 34-11-2-4
Fraud
6 Years Sec. 7. The following actions must be commenced within six (6) years after the cause of action accrues:
(4) Actions for relief against frauds. Ind. Code Ann. § 34-11-2-7

The discovery rule for fraud claims provides that a cause of action accrues when a party knows or in the exercise of ordinary diligence could discover that the contract has been breached or that an injury had been sustained as a result of the tortious act of another. Indiana Code Ann. § 34-11-2-7(4)

Under discovery rule, cause of action accrues and statute of limitations begins to run when plaintiff knew or, in exercise of ordinary diligence, could have discovered that injury had been sustained as result of tortious act of another.  Doe v. United Methodist Church, 673 N.E.2d 839 (1996).
Toxic Tort
2 Years 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. Ind. Code Ann. § 34-20-3-1
Wrongful Death
2 Years

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, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person resulting from said wrongful act or omission. Ind. Code Ann. § 34-23-1-1

Medical Malpractice
2 Years "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." Indiana Code Ann. § 34-18-7-1

"In general, a plaintiff's lay suspicion that there may have been malpractice is not sufficient to trigger the two-year medical malpractice statute of limitations; however, a plaintiff need not definitely know or be informed that malpractice caused his or her injury to trigger the beginning of the statutory time period. " Houser v. Kaufman, 972 N.E.2d 927 (Ind. App. 2012). For purposes of the limitations period for a medical malpractice claim against a physician, “reasonable diligence” requires a patient to take action if he or she knows of both the injury and/or disease and the treatment that either caused or failed to identify or improve it. Id.

When a doctor has expressly informed a plaintiff that he or she has a specific injury and that there is a reasonable possibility, if not a probability, that the specific injury was caused by a specific act at a specific time, question of when medical malpractice statute of limitations began to run may become one of law; under such circumstances, a plaintiff generally is deemed to have sufficient facts to require him or her to seek promptly any additional medical or legal advice needed to resolve any remaining uncertainty or confusion he or she may have regarding the cause of his injury and any legal recourse he or she may have. Id.

Statute of limitations on medical malpractice claim by patient who alleged that physician who had performed three breast implant procedures had made affirmative misrepresentations that breast implants were saline implants, when in fact implants used contained significant amounts of silicone, began to run almost eight years after final procedure, when patient first discovered that her implants contained silicone.  (Per Selby, J., with one Justice concurring and two Justices concurring in the result.) Halbe v. Weinberg, 717 N.E.2d 876 (Ind. 1999).
Malpractice (Other Professions)
years
Products Liability
2 Years

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. Ind. Code Ann. § 34-20-3-1

Discovery:

Two-year statute of limitations applicable to product liability actions begins to run from the date the plaintiff knew or should have discovered that she suffered an injury or impingement, and that it was caused by the product of another.  Degussa Corp. v. Mullens, 744 N.E.2d 407 (Ind. 2001). Once a potential products liability plaintiff's doctor expressly informs the plaintiff that there is a “reasonable possibility, if not a probability” that an injury was caused by a product, then the statute of limitations begins to run and the issue may become a matter of law. Id.

Although events short of a doctor's diagnosis can provide a plaintiff with evidence of a reasonable possibility that another's product caused his or her injuries, a plaintiff's mere suspicion or speculation that another's product caused the injuries is insufficient to trigger the two-year statute of limitations applicable to product liability actions. Id.

Under Indiana law, discovery rule was limited to cases in which injury to plaintiff was caused by disease which might have been contracted as result of protracted exposure to foreign substance and did not extend to products liability action stemming from alleged defects in seatbelt and fuel markings of passenger airplane.  Alexander v. Beech Aircraft Corp., 952 F.2d 1215. (D. Ind. 1991).


Statute of Repose - (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. Ind. Code Ann. § 34-20-3-1  

Municipal Liability/Sovereign Immunity
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. Also, numerous other limitations apply to damage awards.
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.
No-Fault Insurance
None
Other Relevant Information
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

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