Indiana Code 34-24-4-12. Limitation of actions
Current as of: 2023 | Check for updates
|
Other versions
Sec. 12. (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:
(2) that the illegal drug use is the cause of the harm.
(1) of the harm from illegal drug use that is the basis for the cause of action; and
Terms Used In Indiana Code 34-24-4-12
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
(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.]
As added by P.L.1-1998, SEC.19.