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Indiana Statute of Limitations

Indiana

Preliminary Note: Statutes of limitations restrict the time period that a person can file a lawsuit. These statutes not only vary by state, but they also vary by cause of action. The following guide provides limitations periods for each state, but only for particular causes of action; specifically, those related to personal injury, medical malpractice, and products liability claims. The sections discussing special rules for minors only apply to the causes of action listed for that particular state.

Wrongful Death

A cause of action for wrongful death accrues on the date of death and must be filed within two years of that date.

Personal Injury Actions

These actions must be brought within two years of the date of the injury.

Medical Malpractice Actions

Actions against health care providers must be filed within two years of the date that the act giving rise to the injury occurred, regardless of age. Minors under six, however, have until their eighth birthday to file suit. This statute of limitations does not apply in instances involving fraudulent concealment.

Products Liability Actions

Products liability actions must be brought within two years of the accrual of the injury or within 10 years of the delivery of the product, regardless of age.

Asbestos Actions

Asbestos-related disease or injury is a new injury and is a separate cause of action that carries a two-year statute of limitations from development of the injury or disease.

Special Rules for Minors

Except in cases of wrongful death, the statute of limitations on ordinary negligence claims begins to run on the minor’s 18th birthday.

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