Nursing Home Negligence or Abuse
Statute of Limitations Ind. Code Ann. § 34-11-2-4
- Two years from when the injury was discovered, or reasonably should have been discovered.
- The limitations may be affected by the death of a claimant. Generally, a claim may be filed by the decedent’s representative within 18 months after the date of death, regardless of the statute of limitations expiration. Ind. Code §34-11-7-1
Damages Cap Ind. Code Ann. §34-51-3-3
- Punitive damages capped at three times compensatory damages or $50,000, whichever is greater.
- Punitive damages cannot be awarded in the absence of compensatory damages.
Medical Malpractice
Statute of Limitations Ind. Code Ann. §34-18-7-1
- Two years from the date of the act, omission, or neglect.
Damages Cap
- For claims on or after July 1, 1999, the limit for each qualified provider is $250,000 and the total cap against all qualified providers is $1.25 million. Ind. Code Ann. §34-18-14-3
- Punitive damages capped at three times compensatory damages or $50,000, whichever is greater. Ind. Code Ann. §34-51-3-3
- Punitive damages cannot be awarded in the absence of compensatory damages.
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Wrongful Death
Statute of Limitations Ind. Code Ann. §34-18-7-1
- Two years from date of death.
Damages Cap Ind. Code Ann. §34-23-1-2
- No punitive damages can be brought. Damages for lost love and companionship are capped at $300,000.
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