Limitation of actions
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.
As added by P.L.1-1998, SEC.19.
Last modified: May 24, 2006