Indiana · Coal ash, exposure and possible
Coal ash, exposure and possible claims in Indiana
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| Filing deadline | 2 years PI (IC § 34-11-2-4), 6 years for injury to real property (IC § 34-11-2-7)IC § 34-11-2-4 |
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Deadlines vary with the facts of each case. A lawyer can confirm yours.
Updated
01 · Your filing deadline
What is the deadline in Indiana?
Indiana Code § 34-11-2-4 provides a 2-year statute of limitations for personal injury claims arising from toxic exposure. Claims for injury to real property carry a 6-year limitations period under IC § 34-11-2-7; injury to personal property is 2 years (IC § 34-11-2-4). 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. A lawyer can confirm yours.
Indiana's short PI SOL makes legal consultation advisable.
Source: IC § 34-11-2-4
Deadlines vary; a lawyer can confirm yours. An older diagnosis or a past filing window does not, by itself, establish whether you have a claim.
02 · Where cases are heard
Where would my case be heard?
Indiana is one of the most coal-dependent states in the nation, and its coal ash legacy reflects that dependence. Duke Energy operates the Cayuga, Gibson, and Gallagher generating stations with massive coal ash impoundments, while AEP operates the Rockport plant. Indiana's coal ash sites contain some of the largest volumes of stored coal combustion residuals in the Midwest, with documented groundwater contamination at multiple facilities.
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%. The state's strong coal industry presence can influence jury pools in rural coal-producing counties.
How this works nationally
For the overall process and updates, read the Coal ash, exposure and possible overview. This page covers the local information available for Indiana.
What happens when I check?
You answer a few short questions about what happened. If you send them, your answers are kept on file. If a participating law firm takes these cases, it may contact you. People's Justice is not a law firm.
Live in Indiana? Read what applies in your state.
Register your interest. If a participating law firm takes these cases, it may contact you.
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- IC § 34-11-2-4