Indiana Supreme Court: Fraudulent Concealment Tolls Wrongful Death Act Statute of Limitations Period

Indiana Supreme Court: Fraudulent Concealment Tolls Wrongful Death Act Statute of Limitations Period

Today's discussion is a follow up to a prior discussion of the case Alldredge v. Good Samaritan Home, Inc. which found its way to the Indiana Supreme Court. The court held that the Fraudulent Concealment Statute acts to toll claims for wrongful death thereby permitting a full two-year period to file a claim after learning of the wrongful act as opposed to requiring a reasonable time to file a claim after discovery of the concealment. The opinion is also an example of a masterfully well-written decision that blends sound legal reasoning with florid prose making for an enjoyable read.

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Wrongful Death Act and Fraudulent Concealment

Wrongful Death Act and Fraudulent Concealment

This week we examine the landmark Indiana Court of Appeals decision in Alldredge v. The Good Samaritan Home, Inc. which applied the fraudulent concealment doctrine from medical malpractice cases to the Indiana Wrongful Death Act and held that the two-year limitation to bring an action is tolled until such time as discovery could reasonably be made.

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