§ 34-24-4-12 — Limitation of actions

Indiana § 34-24-4-12

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 24: CIVIL PROCEEDINGS RELATED TO CRIMINAL
• Ch. 4: Drug Dealer Liability

Text

(a) Except as otherwise provided in this
section, a claim under this chapter (or IC 34-1-70 before its repeal) may
not be brought more than two (2) years after the date the cause of
action accrues. A cause of action accrues under this chapter (or IC 34-1-70 before its repeal) when a person who may bring the cause of
action has reason to know:
(1) of the harm from illegal drug use that is the basis for the cause
of action; and
(2) that the illegal drug use is the cause of the harm.
(b) The statute of limitations under this section is tolled for a:
(1) plaintiff while the individual potential plaintiff is
incapacitated by the use of an illegal drug to the extent that the
individual cannot reasonably be expected to seek recovery under
this chapter (or IC 34-1-70 before its repeal) or as otherwise
provided by any other law; and
(2) defendant until six (6) months after the individual potential
defendant is convicted of a criminal drug offense or as otherwise
provided by law.
[Pre-1998 Recodification Citation: 34-1-70-19.]

Legislative History

As added by P.L.1-1998, SEC.19.