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.
[Pre-1998 Recodification Citation: 34-4-37-10.]
As added by P.L.1-1998, SEC.47.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 4. Prejudgment Interest
34-51-4-1. Applicability of Chapter to Tort Actions
34-51-4-2. Applicability of Chapter to Claims Against Patient's Compensation Fund
34-51-4-3. Applicability of Chapter to Punitive Damages Claims
34-51-4-4. Liability of State or Political Subdivision
34-51-4-5. Applicability of Chapter Upon Timely Offer of Settlement by Defendants
34-51-4-6. Applicability of Chapter Upon Timely Offer of Settlement by Plaintiffs
34-51-4-7. Award of Prejudgment Interest as Part of Judgment