Indiana Tort Reform — Statute of Limitations, Damage Caps & Laws (2026)

Indiana Tort Reform laws determine how much time you have to file a mass tort claim, whether your state caps the damages you can recover, and how your own fault percentage affects your payout.

This Indiana tort reform guide covers every rule that matters if you are considering a mass tort lawsuit — statute of limitations deadlines, damage caps, comparative fault, and which major active lawsuits affect Indiana residents the most. Understanding Indiana tort reform before you talk to a lawyer helps you know what to expect.

Verified against Indiana statutes and official sources as of May 2026.

Indiana Tort Reform Statute of Limitations

The statute of limitations is the deadline to file a lawsuit. Under Indiana tort reform rules, the time limit depends on the type of injury. Missing your deadline means you lose your right to sue entirely, regardless of how strong your case may be.

Personal injury details: For minors, the statute is tolled until the child turns 18, then the 2-year period begins. For claims against state government entities, a notice of tort claim must be filed with the Attorney General within 270 days of injury. For claims against local government entities (county or city), notice must be filed within 180 days.

Wrongful death details: The discovery rule may apply when the cause of death is not immediately known. For minors or incapacitated claimants, the 2-year period is tolled until the disability is removed.

Product liability details: Subject to a 10-year statute of repose from delivery to initial user or consumer. If the cause of action accrues between 8 and 10 years after delivery, the plaintiff has 2 years from accrual regardless of the repose period. These time limits apply regardless of minority or legal disability.

Medical malpractice details: Courts apply a discovery rule — if the patient could not reasonably have discovered the negligence within the 2-year window, the statute begins when discovery occurs or should have occurred through reasonable diligence. For claims exceeding 15000 in damages, the plaintiff must file a complaint with the Indiana Department of Insurance before filing suit, which triggers a mandatory medical review panel process.

The statute is tolled during the panel review. After the panel issues its opinion, the claimant has 90 days to file a lawsuit. Attorney fees are capped at 32 percent of the final award.

Discovery rule: YES. Indiana courts apply the discovery rule to personal injury, property damage, and medical malpractice claims. The statute of limitations begins when the plaintiff knew or should have known through reasonable diligence that a tortious act caused the injury, rather than when the act itself occurred. Indiana courts have held that barring claims where discovery was impossible within the standard period would violate the state constitution.

Statute of repose: YES. Product liability: 10 years after delivery of the product to the initial user or consumer (IC 34-20-3-1). Construction: 10 years after the date of substantial completion of the improvement to real property, or 12 years after completion and submission of plans and specifications to the owner for design deficiency claims.

If injury occurs during the 9th or 10th year after substantial completion, the action may be brought within 2 years of injury but no more than 12 years after substantial completion (or 14 years for design claims).

These Indiana tort reform deadlines apply to most mass tort claims. However, some MDLs have their own rules — for example, the Camp Lejeune Justice Act created a special two-year filing window.

Always verify your specific deadline with a licensed attorney, as Indiana tort reform statutes may have exceptions not listed here.

Indiana Tort Reform Damage Caps

Damage caps limit how much money you can recover in a lawsuit, even if a jury awards you more. Indiana tort reform damage cap rules affect mass tort settlements and verdicts directly.

Understanding these limits helps you set realistic expectations for potential compensation under Indiana tort reform law.

Non-economic damages details: Exception: wrongful death of an unmarried adult age 23 or older with no dependents is capped at 300000. No cap on wrongful death claims where the deceased has dependents or is under age 23. Government tort claims are capped at 700000 per claimant and 5000000 aggregate for all claimants.

Punitive damages details: Only 25 percent of the punitive damage award goes to the plaintiff — the remaining 75 percent is paid to the Indiana Violent Crimes Victims Compensation Fund (IC 34-51-3-6). Punitive damages are not available against government entities. The Indiana Supreme Court has upheld the constitutionality of both the cap and the allocation provision.

Total damages details: Government tort claims are subject to a 700000 cap per individual claimant and a 5000000 aggregate cap for all claimants combined. Punitive damages are prohibited against government entities.

Medical malpractice cap details: This is a total cap covering all damages — economic, non-economic, past and future medical bills, lost wages, pain and suffering, disability, and loss of quality of life. The healthcare provider pays the first 500000 and the Indiana Patient’s Compensation Fund pays up to 1300000.

This cap applies uniformly regardless of severity of injury, age of victim, or egregiousness of conduct — there is no gross negligence exception. Historical caps: 1250000 before 2017, 1650000 from 2017-2019. The cap is a fixed statutory amount, not adjusted for inflation.

Indiana tort reform caps can significantly reduce your recovery in a mass tort case. If Indiana caps non-economic damages, your pain and suffering award is limited regardless of injury severity.

Some caps have been challenged as unconstitutional in Indiana courts — check with a local attorney for the current status of any Indiana tort reform cap.

Indiana Tort Reform Comparative Fault Rule

Comparative fault determines whether you can recover damages if you share some responsibility for your injuries. Under Indiana tort reform rules, defendants in mass tort cases often argue that the plaintiff contributed to their own harm (for example, by continuing to use a product after a recall).

Indiana follows a modified comparative fault (51% bar) system. You can recover damages as long as your fault does not reach 51% or more. If you are 50% at fault, you can still recover (reduced by 50%). If you are 51% or more at fault, you recover nothing. This is the most common system in the United States.

Under Indiana’s modified comparative fault system, a plaintiff who is 51 percent or more at fault is completely barred from recovery. If the plaintiff is 50 percent or less at fault, their damages are reduced by their percentage of fault. Example: if damages are 100000 and plaintiff is 30 percent at fault, plaintiff recovers 70000. If plaintiff is 50 percent at fault, plaintiff recovers 50000.

If plaintiff is 51 percent or more at fault, plaintiff recovers nothing. IMPORTANT EXCEPTION: Claims against the State of Indiana or its political subdivisions or government agencies apply the stricter contributory negligence standard — even 1 percent fault by the plaintiff bars all recovery against the government entity.

Joint and several liability: Modified several liability system. Indiana generally follows proportionate (several) liability where each defendant is liable only for their percentage of fault. However, exceptions exist: defendants found to have acted with willful, wanton, or reckless conduct, or whose fault exceeds 50 percent, may be subject to joint and several liability. Government entities and healthcare providers in medical malpractice may still face joint and several liability. Indiana passed reforms in its 2025 legislative session further limiting joint and several liability exceptions.

Notable Indiana Mass Tort Verdicts & Settlements

1) Lake County 2024 — 42500000 verdict against Tesla employee who made a left turn across double yellow lines causing a crash that resulted in traumatic brain injury (reducing victim to mental capacity of a 10-year-old) and partial foot amputation. 2) Indiana v. Mylan (EpiPen) — AG Todd Rokita won a 6250000 settlement against global pharmaceutical companies for conspiring to inflate EpiPen prices by more than 600 percent.

3) Indiana Opioid Settlements 2022-2026 — Indiana’s share of the national opioid settlements totals approximately 508000000 from Johnson & Johnson, AmerisourceBergen, Cardinal Health, and McKesson, plus up to 100000000 from Purdue Pharma/Sackler family.

Note: Individual settlement and verdict amounts vary dramatically based on the specific facts of each case. These examples are provided for general context only and do not predict what you might recover.

Active Mass Tort Cases Affecting Indiana Residents

Several major active Multidistrict Litigation (MDL) cases have significant numbers of plaintiffs from Indiana:

1) Opioids — Indiana received approximately 508000000 in settlement funds; the state established the Indiana Commission to Combat Substance Use Disorder to administer funds, with a 46000000 spending plan for 2024-2026 covering treatment programs, transitional housing, and evidence-based programs. 2) AFFF/PFAS — Indiana has significant PFAS exposure; the state’s Class B Foam Collection Initiative collected 36779 gallons of AFFF from 253 fire departments across the state as of February 2024; firefighters and communities near military bases are affected.

3) Camp Lejeune — GENERAL PARTICIPATION; Indiana veterans stationed at Camp Lejeune are eligible under the Camp Lejeune Justice Act. 4) Talc/Johnson & Johnson — GENERAL PARTICIPATION; Indiana plaintiffs are part of the national talc MDL. 5) Social Media Youth Harm — GENERAL PARTICIPATION; Indiana joined multi-state efforts regarding social media harm to minors.

If you live in Indiana and were affected by any of these products or exposures, you may be eligible to file a claim. Indiana tort reform deadlines and damage caps still apply to your case, so check our individual MDL pages for specific eligibility criteria.

Indiana Tort Reform Legislation

1) Indiana Medical Malpractice Act (1975) — Indiana was the first state to pass medical malpractice tort reform; established damage caps, mandatory medical review panels, and the Patient’s Compensation Fund (IC 34-18). 2) Indiana Tort Claims Act (1974) — Addressed sovereign immunity, established 700000 per-claimant cap and 5000000 aggregate cap against government entities, prohibited punitive damages against government (IC 34-13-3). 3) Indiana Product Liability Act (IPLA) — Established 10-year statute of repose for product liability, 2-year SOL, and comparative fault framework for product cases (IC 34-20).

4) HEA 1160 (2023) — Third-party litigation funding reform; requires disclosure of foreign financing in lawsuits, bars foreign entities of concern from funding Indiana litigation. 5) Comparative Fault Act (IC 34-51-2) — Codified the modified 51 percent bar rule. 6) Punitive Damages Statute (IC 34-51-3) — Established 3x cap and 75/25 allocation to Violent Crimes Compensation Fund. 7) 2025 Legislative Session — Further reforms to joint and several liability, narrowing exceptions for gross negligence and alcohol-related conduct.

These Indiana tort reform laws directly affect how mass tort claims are filed, what damages you can recover, and how long you have to act.

Always verify the current status of any law with the Indiana State Bar Association or a licensed attorney.

Additional Indiana Tort Rules

1) MEDICAL MALPRACTICE PRE-SUIT REQUIREMENT: For claims exceeding 15000, plaintiff must file a proposed complaint with the Indiana Department of Insurance before filing in court; this triggers a mandatory medical review panel process; the SOL is tolled during review; plaintiff has 90 days after the panel opinion to file suit. 2) GOVERNMENT TORT CLAIMS NOTICE: Notice must be filed within 270 days for state claims or 180 days for local government claims; substantial compliance with notice requirements is sufficient.

3) CONTRIBUTORY NEGLIGENCE AGAINST GOVERNMENT: Indiana applies contributory negligence (not comparative fault) to tort claims against the state and its political subdivisions — any fault by the plaintiff bars recovery entirely. 4) PUNITIVE DAMAGES ALLOCATION: 75 percent of any punitive damages award is paid to the Indiana Violent Crimes Victims Compensation Fund; plaintiff receives only 25 percent.

5) MEDICAL MALPRACTICE ATTORNEY FEES: Capped at 32 percent of the final award. 6) PATIENT’S COMPENSATION FUND: Healthcare providers who qualify pay into the fund; the fund covers damages from 500000 to 1800000 per occurrence. 7) WRONGFUL DEATH CAP FOR UNMARRIED ADULTS: Recovery limited to 300000 when the deceased is an unmarried adult age 23 or older with no dependents.

8) THIRD-PARTY LITIGATION FUNDING DISCLOSURE: HEA 1160 (2023) requires disclosure of any foreign litigation financing. 9) ASBESTOS CLAIMS: 2-year SOL from date plaintiff knows of asbestos-related injury (discovery rule applies). 10) NONRESIDENT DEFENDANT TOLLING: If the defendant leaves Indiana and becomes a nonresident, the period of nonresidence does not count toward the SOL.

Indiana Tort Reform Resources & Contacts

• Indiana State Bar Association: https://www.inbar.org/
• Indiana Attorney General: https://www.in.gov/attorneygeneral/
• Indiana Courts: https://www.in.gov/courts/
• JPML (Federal MDL Data): jpml.uscourts.gov
• NCSL Tort Reform Tracker: ncsl.org
• Cornell LII — Tort Law: law.cornell.edu

This Indiana tort reform guide was last verified against official sources in May 2026. If you notice outdated information, please contact us.

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Attorney Advertising. The information on this page is provided for general informational purposes only and does not constitute legal advice. No attorney-client relationship is created by accessing or using this content. Every case is unique, and results depend on the specific facts and circumstances involved. Past settlement amounts and case outcomes do not guarantee similar results in your case. If you believe you have a legal claim, you should consult with a licensed attorney in your jurisdiction who can evaluate your specific situation.