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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)
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
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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Bonita Springs, Florida 34134
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