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Negligence / Personal Injury
2 Years2 Years with Discovery Rule
Products Liability
2 YearsSOL: 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.
Unspecified or Other Torts
2 Years2 years from date of death or from date of knowledge of injury by radiation or asbestos.
Medical Malpractice
2 Years2 years from act or omission subject to certain statutory exceptions. Minors under age 6 until age 8.
Asbestos
2 Years2 years with discovery rule
Discovery Rule
SOL runs from date injury is, or should have been, discovered. See specific rules above as to products liability, asbestos, radiation.
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.
Comparative Negligence
Plaintiff may not recover damages if 50% or more responsible for occurrence.
Charitable Immunity
Abolished.
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
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.
Sovereign Immunity
Immunity available to government entities in some limited situations. Notice required for claims against state and local governments.
Consumer Fraud Complaint
Indiana Office of the Attorney General, Consumer Protection
(317)232-6201 |
