Statute of Limitations
Indiana Code § 34-11-2-4 provides a 2-year statute of limitations for personal injury claims arising from toxic exposure. Property damage claims carry a more generous 6-year limitations period under IC § 34-11-2-7. The discovery rule applies — the clock begins when the plaintiff knows or should have known of the injury and its connection to coal ash contamination. Indiana's short PI SOL makes timely legal consultation critical.
2 years PI (IC § 34-11-2-4), 6 years property
Where to File in Indiana
Indiana state court claims proceed in Superior or Circuit Courts. Key venues include Vermillion County (Cayuga station), Gibson County (Gibson station), Floyd County (Gallagher station), and Spencer County (Rockport plant). Federal claims may be filed in SDIN (Indianapolis/Evansville/New Albany). Indiana applies a modified comparative fault system under the Indiana Comparative Fault Act — plaintiff recovery is reduced by their percentage of fault and barred if over 50%. Indiana does not cap compensatory damages in environmental tort cases but does cap punitive damages at the greater of $50,000 or three times compensatory damages under IC § 34-51-3-4. The state's strong coal industry presence can influence jury pools in rural coal-producing counties.
Exposure in Indiana
Source: EPA Coal Combustion Residuals National Inventory
Source: Duke Energy / Indiana DEM
Source: Indiana DEM Coal Combustion Residuals Reports