Is there a statute of repose for catastrophic injury cases?
Yes, there is a statute of repose for catastrophic injury cases in Indiana. A statute of repose is a law that sets an absolute deadline for filing a lawsuit for a personal injury, medical malpractice, product liability, or other civil lawsuit. In Indiana, the statute of repose for catastrophic injuries is two years from the date the injury is discovered or should have been discovered through reasonable diligence. This is measured from the date of the event that caused the injury or the last date of treatment associated with the injury. Additionally, the statute of repose for a minor injury like a broken bone or scarring resulting from an accident or injury is two years from the date of the injury. An injured party must file a lawsuit within two years or they will be barred from doing so. In some limited cases, under Indiana law, the statute of repose period can be extended. For example, if a defendant is found to have committed fraudulent misrepresentation or concealment of information about the catastrophic injury, the statute of repose period will be extended. This extension allows the injured person more time to take legal action. In conclusion, yes, Indiana does have a statute of repose that applies to catastrophic injury cases. It is two years from the date the injury was discovered or should have been discovered through reasonable diligence. There are limited exceptions that may extend the statute of repose.
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