§ 34-24-4-12 Statute of limitations

Codes > Indiana Code > Title 34 > Article 24 : Chapter 4 > 34-24-4-12 Statute

34-24-4-12 Statute of limitations

    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:

        (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.