Indiana Code

Ind. Code § 34-11-5-1 (2026)

Concealing cause of action

✓ current as of May 2026
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     Sec. 1. If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.

[Pre-1998 Recodification Citation: 34-1-2-9.]

As added by P.L.1-1998, SEC.6.

 

IC 34-11-6Chapter 6. Tolling of Statute of Limitations: Legal Disabilities

 

           34-11-6-1Legal disabilities; accrual of action
           34-11-6-2No legal disability upon reaching age 18

 

Notes of Decisions
Cited in 29 cases (3 in the last 5 years), 2000–2021 · leading case: Virginia E. Alldredge & Julia A. Luker, as Co-Pers. Representatives of the Est. of Venita Hargis v. The Good Samaritan Home, Inc., 9 N.E.3d 1257 (Ind. 2014).
Virginia E. Alldredge & Julia A. Luker, as Co-Pers. Representatives of the Est. of Venita Hargis v. The Good Samaritan Home, Inc., 9 N.E.3d 1257 (Ind. 2014). · cites it 4× “First, they cited the Fraudulent Concealment Statute, which provides: “If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of…”
In Re Bridgestone/Firestone, Inc. Tires Prods., 155 F. Supp. 2d 1069 (S.D. Ind. 2001). · cites it 2× “Indiana Code § 34-11-5-1 codifies the doctrine of equitable tolling because of fraudulent concealment: “If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of…”
Prime Mortg. USA, Inc. v. Nichols, 885 N.E.2d 628 (Ind. Ct. App. 2008). · cites it 2× “However, this general rule regarding discovery of fraudulent acts is somewhat altered when the party committing the fraud stands in a fiduciary relationship to the party against whom the fraud is committed. Two Indiana eases indicate that when the parties involved are…”
Theresa Biedron v. Anonymous Physician 1, 106 N.E.3d 1079 (Ind. Ct. App. 2018). · cites it 2× “In Alldredge , our supreme court held that the fraudulent concealment statute (Indiana Code Section 34-11-5-1 ) may apply to toll the limitation period for a wrongful death action.”
Olcott Int'l & Co. v. Micro Data Base Sys., Inc., 793 N.E.2d 1063 (Ind. Ct. App. 2003). · cites it 2× “In that regard, MDBS directs us to Indiana Code Section 34-11-5-1, which states, "If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the…”
Brenda Sue Gittings & Marc Richmond Gittings v. William H. Deal, 109 N.E.3d 963 (Ind. 2018). · cites it 2× “See Ind. Code § 34-11-5-1 (2018). "[W]hen a cause of action accrues is generally a question of law.”
Johnson v. Blackwell, 885 N.E.2d 25 (Ind. Ct. App. 2008). · cites it 2× “Pursuant to Indiana Code § 34-11-5-1, “If a person liable to an action conceals the fact from the knowledge of the person entitled to bring the action, the action may be brought at any time within the period of limitation after the discovery of the cause of action.”
Sagarin v. City of Bloomington, 932 N.E.2d 739 (Ind. Ct. App. 2010). · cites it 2× “This equitable doctrine is now codified as Indiana Code Section 34-11-5-1 4 To claim the benefit of this statute, the wrongdoer must have actively concealed the cause of action, and the plaintiff is charged with the responsibility of exercising due diligence to discover the…”
Heckler & Koch, Inc. v. German Sport Guns GmbH, 71 F. Supp. 3d 866 (S.D. Ind. 2014). · cites it 2× “” Ind.Code § 34-11-5-1 (emphasis added). This provision “effectively moves the date on which the statute of limitation^] begins to run forward from the date of the alleged tort to the discovery date.”
Johnson v. Hoosier Enter. III, Inc., 815 N.E.2d 542 (Ind. Ct. App. 2004). · cites it 2× “Here, Johnson presented evidence that Hoosier failed in its duty to disclose its identity to the public, thereby concealing its identity from anyone "entitled to bring" an action.”
Trzeciak v. State Farm Fire & Cas. Co., 809 F. Supp. 2d 900 (N.D. Ind. 2011). · cites it 2× “Ind.Code § 34-11-5-1. Plaintiff appears to be asserting that State Farm engaged in fraudulent concealment by “taking advantage” of his prisoner status.”
Huff v. Huff, 892 N.E.2d 1241 (Ind. Ct. App. 2008). · cites it 2× “Ind.Code § 34-11-5-1, formerly codified at Ind.”
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