Ind. Code § 34-51-4-8

Time of accrual of prejudgment interest

Applied in 4 court decisions — leading case Johnson v. Eldridge (2003)

Most recently applied in Jacqueline Wisner, M.D. and The South Bend Clinic, L.L.P. v. Archie L. Laney (December 2012)

As added by P.L.1-1998, SEC.47.

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 8. (a) If the court awards prejudgment interest, the court shall determine the period during which prejudgment interest accrues. However, the period may not exceed forty-eight (48) months. Prejudgment interest begins to accrue on the latest of the following dates:

(1) Fifteen (15) months after the cause of action accrued.

(2) Six (6) months after the claim is filed in the court if IC 34-18-8 and IC 34-18-9 do not apply.

(3) One hundred eighty (180) days after a medical review panel is formed to review the claim under IC 34-18-10 (or IC 27-12-10 before its repeal).

(b) The court shall exclude from the period in which prejudgment interest accrues any period of delay that the court determines is caused by the party petitioning for prejudgment interest.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.