Indiana Asbestos & Mesothelioma Lawsuits: Deadlines, Claims, and Legal Options

From the steel mills of Gary to the auto plants of Indianapolis, the Hoosier State's industrial heartland was built with deadly asbestos materials that continue claiming lives today. Our comprehensive database documents 3,073 asbestos exposure sites across 367 Indiana communities—from Gary's massive U.S. Steel Corporation and Gary Works facilities to Indianapolis's General Motors Allison Division and Fort Wayne's General Electric plants that powered America's manufacturing boom for generations.

Whether you worked at U.S. Steel's Gary Works, Inland Steel Company, Indianapolis Power & Light's generating stations, Cummins Engine in Columbus, or any of the steel mills, auto plants, and manufacturing facilities that made Indiana America's industrial heartland, you may have been unknowingly exposed to deadly asbestos fibers. From the refineries of Whiting to the power plants scattered throughout the state, Indiana's industrial development relied heavily on asbestos-containing materials.

Indiana provides legal avenues for mesothelioma families, though with some limitations. The state applies a modified comparative fault rule with a 51% bar, has abolished joint and several liability, and caps punitive damages with most going to the state rather than victims. Understanding Indiana's unique legal framework is crucial for protecting your family's rights.

Time is critical. Indiana's two-year statute of limitations runs from discovery of the asbestos connection, and the state's modified collateral source rule can reduce awards based on insurance payments. Don't let corporate defendants benefit from delay—your family deserves experienced advocates who understand both Indiana's steel and automotive industrial history and its specific legal requirements.

This page is part of our broader mission. I started this firm after learning that the cancers that killed my father and grandparents were caused by asbestos—something we didn't realize until it was too late to hold anyone accountable. That experience is why we built this site: to make sure no other family misses their chance.

— Firm Founder, Justinian Lane

If you’re trying to make sense of complex legal and medical terms, our Asbestos Lexicon explains the terminology in plain English. For a deeper understanding of how mesothelioma lawsuits actually work—from proving liability to calculating damages—visit our Complete Guide to Mesothelioma Lawsuits.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS

Indiana Asbestos Law Summary

Indiana Asbestos Law Details

Indiana allows individuals diagnosed with mesothelioma or other asbestos-related diseases to pursue compensation through a detailed legal framework governed by state tort law. The state applies a modified comparative fault rule, eliminates joint liability in most cases, and limits punitive damages through statutory caps. While Indiana provides a clear path to recovery, plaintiffs must navigate complex restrictions involving government defendants, collateral source offsets, and a 51% fault bar that can impact their ability to collect compensation.

Statutes of Limitations and Repose

Indiana applies a two-year statute of limitations for both personal injury and wrongful death asbestos claims. For personal injury, the two-year clock begins when the injured person knew or reasonably should have known that their illness was caused by asbestos exposure (Ind. Code § 34-11-2-4). For wrongful death, the statute runs two years from the date of death (Ind. Code § 34-23-1-1).

Importantly, Indiana has enacted a special statute for asbestos cases brought against defendants that mined or sold raw asbestos. Under Ind. Code § 34-20-3-1, these claims are not subject to the product liability statute of repose, which would otherwise bar claims 10 years after the product’s delivery. This means plaintiffs can sue asbestos miners and sellers regardless of how much time has passed.

However, construction-related asbestos claims are subject to a 10-year statute of repose under Ind. Code § 32-30-1-5. If the exposure arose from construction activity or a building defect, the claim must be brought within 10 years of the structure’s substantial completion, with few exceptions.

Eligibility to Sue

Anyone diagnosed with mesothelioma, asbestosis, or another asbestos-related disease due to exposure in Indiana may file a personal injury lawsuit. After death, a wrongful death claim can be brought by the personal representative of the estate on behalf of surviving spouses, children, and dependents under Ind. Code § 34-23-1-1. The estate may also bring a survival claim for medical expenses, lost wages, and pain and suffering incurred before death.

Workers’ Compensation Limitations

Like most states, Indiana bars employees from suing their employers for work-related injuries under its Workers’ Compensation Act (Ind. Code § 22-3-2-6). However, exceptions may apply in cases involving intentional misconduct. Injured workers can still sue third parties, such as asbestos product manufacturers or property owners. If the employer pays workers’ compensation benefits and a third-party lawsuit recovers damages, the employer may assert a lien to recover what it paid.

The Indiana Supreme Court has also recognized the viability of take-home exposure claims, allowing family members exposed to asbestos carried home on workers’ clothing to sue third-party defendants under general negligence principles (Stegemoller v. ACandS, Inc., 767 N.E.2d 974 (Ind. 2002)).

Damages and Caps

Indiana allows recovery of both economic and noneconomic damages in asbestos cases. There is no cap on compensatory damages in typical personal injury or wrongful death asbestos claims.

However, Indiana law caps damages in claims against governmental entities under Ind. Code § 34-13-3-4. The cap is currently $700,000 per person (adjusted periodically), and no punitive damages are permitted in such cases.

Punitive damages are allowed in private-party asbestos claims, but are capped by statute. Under Ind. Code § 34-51-3-4, punitive damages may not exceed the greater of three times compensatory damages or $50,000. Moreover, 75% of the punitive award is paid to the state’s Violent Crime Victim Compensation Fund, and only 25% goes to the plaintiff (Ind. Code § 34-51-3-6).

Comparative Fault and Joint Liability

Indiana follows a modified comparative fault rule with a 51% bar: plaintiffs can recover damages only if they are found 50% or less at fault (Ind. Code § 34-51-2-6). If the plaintiff’s fault exceeds 50%, they are barred from recovery.

The state has abolished joint and several liability for most civil claims. Under Ind. Code § 34-51-2-8, each defendant is liable only for their proportionate share of damages, based on their percentage of fault. If one defendant is unable to pay, the plaintiff generally cannot collect the shortfall from others unless fault was intentionally concealed or otherwise manipulated.

Collateral Source Rule

Indiana has modified the collateral source rule. Under Ind. Code § 34-44-1-2, defendants may introduce evidence that the plaintiff has received compensation from other sources (such as insurance or Medicare), and those amounts may be used to reduce the final award. However, subrogated benefits and life insurance proceeds are excluded, meaning those amounts cannot reduce the jury award. Juries are generally instructed to consider only net losses.

Standards of Proof and Causation

Indiana courts apply the traditional tort standard: plaintiffs must show duty, breach, causation, and damages. For causation, Indiana uses a “substantial factor” test when multiple exposures are involved. The plaintiff must show that each defendant’s product or conduct was a significant contributing cause of the disease.

Expert testimony is typically required, particularly for mesothelioma, and must comply with Indiana Rule of Evidence 702, which aligns with the Daubert standard. Judges act as gatekeepers, evaluating whether the testimony is scientifically valid and properly applied to the facts of the case.

Wrongful Death and Survival

Indiana recognizes both wrongful death and survival claims under Ind. Code §§ 34-23-1-1 and 34-9-3-4. The wrongful death statute allows the decedent’s family to recover for loss of support, services, and companionship, while survival claims permit recovery for medical bills, lost wages, and pain and suffering incurred prior to death.

In adult wrongful death cases where there are no surviving dependents, Indiana imposes a $300,000 cap on noneconomic damages under Ind. Code § 34-23-1-2(c). However, if the deceased leaves a spouse, child, or dependent, this cap does not apply.

How Indiana’s Laws Work in Practice

Meet Frank, a 72-year-old retired pipefitter from Gary, Indiana. From the mid-1970s through the late 1990s, he worked in steel mills and power plants across northwest Indiana, frequently cutting and replacing asbestos-wrapped insulation on steam lines and boilers. In May 2024, he was diagnosed with pleural mesothelioma after experiencing chest pain and fatigue for several months.

Under Indiana law, Frank has two years from the date he knew or should have known that his disease was caused by asbestos exposure to file a personal injury lawsuit (Ind. Code § 34-11-2-4). Because he was diagnosed in May 2024 and immediately informed by his doctors of the likely cause, his legal team determines his deadline to file suit as May 2026.

Because Frank’s exposure occurred decades ago, his attorneys must evaluate whether the claim could be barred by Indiana’s product liability statute of repose. Fortunately, since some of the defendants mined or distributed raw asbestos, those claims are exempt from the repose period under Ind. Code § 34-20-3-1. But for exposure tied to construction projects, the 10-year repose period under Ind. Code § 32-30-1-5 may still apply—so those claims will need to be filed carefully.

If Frank were to pass away before filing, his estate could still bring a survival action for medical costs and lost wages, and his family could pursue a wrongful death claim for the loss of his financial and emotional support. If he had no surviving dependents, Indiana law would limit noneconomic damages in the wrongful death claim to $300,000 under Ind. Code § 34-23-1-2(c).

Frank’s legal team must prove that asbestos exposure was a substantial factor in causing his illness. Because he worked around multiple asbestos-containing products, his attorneys will use expert testimony to demonstrate that each product contributed meaningfully to his cumulative exposure. Indiana courts follow Daubert standards for expert admissibility (Ind. R. Evid. 702), so the testimony must be scientifically sound and relevant to the case.

Since Frank’s employer paid workers’ compensation benefits, they’re immune from direct suit. But he can still sue third parties, like the manufacturers and suppliers of the insulation and gaskets he handled. If successful, the employer may assert a lien on any damages Frank recovers to recoup what was paid in benefits.

Frank can recover economic and noneconomic damages, including pain and suffering, lost income, and medical costs. Because the defendants are private companies, there’s no general cap on compensatory damages. If the evidence shows that a company knowingly concealed the dangers of asbestos, Frank may also seek punitive damages. However, those are capped at three times compensatory damages or $50,000, whichever is greater—and 75% of any punitive award is paid to the state’s Violent Crime Victim Compensation Fund.

Finally, if Frank’s medical bills were paid by Medicare or private insurance, the jury may not hear about those payments—but under Indiana’s modified collateral source rule, the trial court could reduce his final award based on those amounts unless they fall into a protected exception.

This is a hypothetical example based on real Indiana law. Every case is different. If you or a loved one has been diagnosed with mesothelioma, call 833-4-ASBESTOS to learn how Indiana’s laws may affect your legal rights.

Why Choose Our Firm to Handle Your Family's Indiana Mesothelioma Case?

Our proprietary database contains detailed records of 3,073 asbestos exposure sites across 367 Indiana communities—from Gary's 113 documented sites including U.S. Steel and numerous steel mills to Indianapolis's 415 sites spanning automotive and power generation facilities. While other firms spend months investigating your exposure history, we often know within days which companies owe you compensation.

The Result? Faster trust claims, stronger lawsuits, and maximum recovery for your Indiana family—because we've already done much of the detective work your case requires.

Learn more about our firm and our database

Indiana Database Highlights:

If you or someone in your family has been diagnosed with mesothelioma or another asbestos-related disease, our firm can begin helping your Indiana family today. Here's how:

Asbestos Trust Claims

Hundreds of companies have set aside billions specifically for asbestos victims. These claims often resolve faster than lawsuits and don't require going to court. Our Indiana database contains detailed records of which trust-affiliated companies supplied materials to sites across the state—from Gary's steel mills to Indianapolis's automotive manufacturing facilities.

For example, if you worked at U.S. Steel Corporation's Gary Works, Gary Steel Works, or any of Indiana's major steel manufacturing facilities, our database shows that Harbison-Walker supplied refractory materials and high-temperature insulation products to these specific Indiana sites. Because we know exactly where their products were used, we can file your Harbison-Walker Asbestos Trust claim immediately, potentially recovering $136,500 to $610,000 for mesothelioma cases.

Asbestos Lawsuits

You can hold companies accountable through Indiana's court system. Our database strengthens your case with documented evidence and court precedents from Indiana worksites. We don't just argue you were exposed—we can cite specific depositions and trial records that already established liability at facilities like U.S. Steel Corporation and General Motors.

Our database contains detailed records from Indiana's unique steel and automotive industrial sites, including testimony about which defendants' products were used in high-heat steel production and automotive manufacturing. This gives us crucial evidence about product failures and safety violations specific to Indiana's heavy industry environment.

Asbestos Disability Claims

Both Social Security and VA benefits provide monthly income while you pursue other compensation options. These are benefits you've already earned, and our specialized records help with complex industrial exposure cases. Indiana's concentration of major steel and automotive employers means many residents have strong documentation for disability claims through their employment at well-documented exposure sites.

Our industrial records are especially valuable for workers exposed at Indiana's major steel mills and automotive plants, helping prove the extent and duration of exposure that gets disability claims approved faster.

Learn more about the legal options available to your family

Ready to Pursue Your Indiana Mesothelioma Case?

Whether you were exposed to asbestos at Gary's steel mills, Indianapolis's automotive plants, or any of Indiana's documented exposure sites, our experienced mesothelioma team is ready to fight for your rights.

Why Time Matters in Indiana:

• Two-year filing deadline from discovery under Indiana's statute of limitations

• Modified 51% comparative fault bar means recovery depends on fault allocation

• Multiple trust claims may be available beyond your lawsuit

• Collateral source rule modifications can reduce awards based on insurance payments

• Evidence preservation becomes more difficult as time passes, especially for older steel mill and automotive plant records

What We'll Do for Your Indiana Family:

• Free case evaluation to determine all available compensation sources

• Immediate trust claim filings using our proprietary database of Indiana exposure sites

• Aggressive lawsuit preparation against manufacturers and premises owners

• Strategic case development to maximize recovery within Indiana's fault allocation and damage rules

Get started today. Our Indiana mesothelioma team understands the unique challenges of proving exposure in steel mill and automotive manufacturing environments and is ready to put that expertise to work for your family.

Free Case Review | No Fees Unless We Win | Call 833-4-ASBESTOS