Title 34, CIVIL LAW AND PROCEDURE

Sec. 19. Section 18 of this chapter does not apply if there is a structured settlement under section 23 of this chapter. [Pre-1998 Recodification Citation: 34-4-16.5-17.1.] As added by P.L.1-1998, SEC.8.

Note: This version of section effective until 7-1-2027. See also following version of this section, effective 7-1-2027. Sec. 2. This chapter applies to a claim or suit in tort against any of the following: (1) The bureau of motor vehicles commission established by IC 9-14-9-1. (2…

Sec. 2.3. This chapter applies to a claim or suit in tort against the following: (1) The host committee for the NCSL 2020 Legislative Summit established under IC 2-5-41-7 (expired). (2) A member of the host committee. (3) The state coordinator of the host committee. As added by P…

Sec. 2.5. The addition of section 2(5) of this chapter by SEA 146-2016, SECTION 1, does not apply to a claim or suit in tort against a postsecondary educational institution if filed before March 30, 2016. As added by P.L.129-2016, SEC.2. Amended by P.L.111-2021, SEC.103.

Sec. 20. (a) A political subdivision may purchase insurance to cover the liability of itself or its employees, including a member of a board, a committee, a commission, an authority, or another instrumentality of a governmental entity. Any liability insurance so purchased shall b…

Sec. 21. In any action brought against a governmental entity in tort, the court may allow attorney's fees as part of the costs to the governmental entity prevailing as defendant, if the court finds that plaintiff: (1) brought the action on a claim that is frivolous, unreasonable,…

Sec. 22. (a) For purposes of this chapter, the following shall be treated as political subdivisions: (1) A community action agency (as defined in IC 12-14-23-2). (2) An individual or corporation rendering public transportation services under a contract with a commuter transportat…

Sec. 23. (a) With the consent of the claimant, a political subdivision may compromise or settle a claim or suit by means of a structured settlement under this section. (b) A political subdivision may discharge settlement of a claim or suit brought under this chapter by: (1) an ag…

Sec. 24. There is appropriated from the state general fund sufficient funds to: (1) settle claims and satisfy tort judgments obtained against the state; (2) pay interest on claims and judgments; and (3) subject to approval by the budget director, pay: (A) liability insurance prem…

Sec. 25. The attorney general shall present vouchers for the items or expenses described in section 24 of this chapter to the state comptroller. The state comptroller shall issue warrants on the treasury for the amounts presented. [Pre-1998 Recodification Citation: 34-4-16.5-22(b…

Note: This version of section amended by P.L.94-2026, SEC.77. See also preceding version of this section amended by P.L.74-2026, SEC.167. Sec. 3. (a) A governmental entity or an employee acting within the scope of the employee's employment is not liable if a loss results from the…

Sec. 4. (a) The combined aggregate liability of all governmental entities and of all public employees, acting within the scope of their employment and not excluded from liability under section 3 of this chapter, does not exceed: (1) for injury to or death of one (1) person in any…

Sec. 5. (a) Civil actions relating to acts taken by a board, a committee, a commission, an authority, or another instrumentality of a governmental entity may be brought only against the board, the committee, the commission, the authority, or the other instrumentality of a governm…

Sec. 6. (a) Except as provided in sections 7 and 9 of this chapter, a claim against the state is barred unless notice is filed with the attorney general or the state agency involved within two hundred seventy (270) days after the loss occurs. However, if notice to the state agenc…

Sec. 7. (a) An offender must file an administrative claim with the department of correction to recover compensation for the loss of the offender's personal property alleged to have occurred during the offender's confinement as a result of an act or omission of the department or a…

Sec. 8. (a) Except as provided in section 9 of this chapter and subsection (b), a claim against a political subdivision is barred unless notice is filed with: (1) the governing body of that political subdivision; and (2) unless IC 27-1-29 has expired under IC 27-1-29-29, the Indi…

Sec. 9. If a person is incapacitated and cannot give notice as required in section 6 or 8 of this chapter, the person's claim is barred unless notice is filed within one hundred eighty (180) days after the incapacity is removed. [Pre-1998 Recodification Citation: 34-4-16.5-8.] As…

Sec. 1. (a) This chapter applies to a suit brought for: (1) publishing; (2) speaking; (3) uttering; or (4) conveying by words, acts, or in any other manner; a libel or slander by any radio or television station or company in Indiana. (b) Section 3 of this chapter does not apply t…

Sec. 2. At least three (3) days before filing a complaint in a suit described in section 1 of this chapter, the aggrieved party shall serve notice: (1) in writing; (2) on the manager of the radio or television station; (3) at the principal office of the radio or television statio…

Sec. 3. The plaintiff in a suit described in section 1 of this chapter may recover only actual damages if it appears, upon trial of the action, that: (1) the words or acts were conveyed and broadcast in good faith; (2) the falsity of the words or acts was due to mistake or misapp…

Sec. 1. In every case contesting the right to an office, judgment shall be rendered upon the rights of the parties, and for any damages the relator shows the relator is entitled to, to the time of the judgment. [Pre-1998 Recodification Citation: 34-1-59-6.] As added by P.L.1-1998…

Sec. 2. (a) If judgment is rendered in favor of a person who claims to be the person entitled to hold the office: (1) that person shall proceed to exercise the functions of the office after the person has been qualified, as required by law; and (2) the court shall order the defen…

Sec. 3. If the defendant refuses or neglects to deliver the books and papers, pursuant to the order, the court or judge shall enforce the order by attachment and imprisonment. [Pre-1998 Recodification Citation: 34-1-59-8.] As added by P.L.1-1998, SEC.12.

Sec. 4. (a) This section applies to a judgment rendered in favor of the plaintiff. (b) If the plaintiff did not claim damages in the information, the plaintiff may file an action for the damages at any time within one (1) year after the judgment. [Pre-1998 Recodification Citation…

Sec. 5. (a) This section applies whenever: (1) a person is found guilty of usurping, intruding into, or unlawfully exercising: (A) an office or a franchise within Indiana; or (B) an office in a corporation created by the authority of this state; (2) a public officer thus charged …

Sec. 6. (a) If judgment is rendered against a corporation or against any persons claiming to be a corporation, the court may cause the costs to be collected: (1) by execution against the persons claiming to be a corporation; or (2) by attachment against the directors or other off…

Sec. 7. When an information is filed by the prosecuting attorney, the prosecuting attorney is not liable for costs. However, when an information is filed upon the relation of a private person, the private person is liable for costs, unless the costs are adjudged against the defen…

Sec. 1. A health care provider who fails to qualify under this article is not covered by this article and is subject to liability under the law without regard to this article. If a health care provider does not qualify, the patient's remedy is not affected by this article. [Pre-1…

Sec. 2. (a) Except as provided in subsection (b), for a health care provider to be qualified under this article, the health care provider or the health care provider's insurance carrier shall: (1) cause to be filed with the commissioner proof of financial responsibility establish…

Sec. 3. (a) Except as provided in subsection (b), the officers, agents, and employees of a health care provider, while acting in the course and scope of their employment, may be qualified under this chapter if the following conditions are met: (1) The officers, agents, and employ…

Sec. 4. (a) As used in this section, "employee of a governmental entity" has the meaning set forth in IC 34-6-2.1-54. (b) As used in this section, "governmental entity" has the meaning set forth in IC 34-6-2.1-77. (c) A claim against a governmental entity or an employee of a gove…

Sec. 5. (a) Except as provided in subsection (b), the receipt of proof of financial responsibility and the surcharge constitutes compliance with section 2 of this chapter: (1) as of the date on which they are received; or (2) as of the effective date of the policy; if this proof …

Sec. 6. Within five (5) business days after the department of insurance receives the information required under section 2 of this chapter for the qualification of a health care provider, the commissioner shall notify the health care provider of the following: (1) Whether the prov…

Sec. 7. (a) The commissioner shall adopt rules under IC 4-22-2 to establish the following: (1) Criteria for determining, upon application, whether a corporation, limited liability company, partnership, or professional corporation is subject to IC 34-18-2-14(7) and thus is eligibl…

Sec. 1. (a) This section applies to all persons regardless of minority or legal disability. Notwithstanding IC 34-11-6-1, this section applies in any product liability action in which the theory of liability is negligence or strict liability in tort. (b) Except as provided in sec…

Sec. 2. (a) A product liability action that is based on: (1) property damage resulting from asbestos; or (2) personal injury, disability, disease, or death resulting from exposure to asbestos; must be commenced within two (2) years after the cause of action accrues. The subsequen…

Sec. 0.2. The addition of IC 34-4-30-3 (before its repeal, now codified at section 4 of this chapter) by P.L.316-1987 does not apply to a cause of action accruing before April 27, 1987. As added by P.L.220-2011, SEC.560.

Sec. 0.5. As used in this chapter, "loss" includes expenses incurred in securing a computer system or computer network against unauthorized intrusion. As added by P.L.153-2017, SEC.8.

Sec. 1. If a person has an unpaid claim on a liability that is covered by IC 24-4.6-5 or suffers a pecuniary loss as a result of a violation of IC 25-37.5, IC 35-43, IC 35-42-3-3, IC 35-42-3-4, IC 35-45-9, or IC 35-46-10, the person may bring a civil action against the person who…

Sec. 1.5. (a) If a prospective adoptive parent suffers pecuniary loss as a result of a violation of IC 35-46-1-9.5, the prospective adoptive parent may bring a civil action against a person who benefits from adoption related expenses in violation of IC 35-46-1-9.5, even if the pe…

Sec. 2. (a) For purposes of determining the amount of damages recoverable under section 1(1) of this chapter, there is an irrebuttable presumption that a retailer who brings a civil action under this chapter (or IC 34-4-30 before its repeal) as the result of a violation of IC 35-…

Sec. 3. It is not a defense to an action for punitive damages that the defendant is subject to criminal prosecution for the act or omission that gave rise to the civil action. However, a person may not recover both: (1) punitive damages; and (2) the amounts provided for under sec…

Sec. 4. This chapter does not apply to a person who suffers pecuniary damages as a result of the operation of a vehicle in violation of IC 35-43-1-2 or IC 35-43-2-2, unless the damage was intentionally inflicted. [Pre-1998 Recodification Citation: 34-4-30-3(b).] As added by P.L.1…

Sec. 5. If a victim suffers a pecuniary loss as a result of a violation of IC 35-42-2-10 (female genital mutilation), the victim may bring a civil action against the person in violation of IC 35-42-2-10, even if the person has not been prosecuted or convicted of the offense under…

Sec. 1. (a) This section applies to: (1) all officers who may collect money by virtue of their office, including: (A) clerks of the circuit and superior courts; (B) sheriffs; and (C) constables; (2) executors; (3) administrators; (4) guardians; and (5) trustees. (b) Persons descr…

Sec. 10. The garnishee may not be compelled to pay or perform any contract in any other manner or at any other time, than the garnishee would be bound to do for the defendant. [Pre-1998 Recodification Citation: 34-1-11-28.] As added by P.L.1-1998, SEC.20.