Massa, J.
Nearly two centuries ago, Justice Stephen C. Stevens observed: “the wisest of judges have had much trouble in wading through the labyrinth of difficulties, discriminations, technicalities and shades that have gathered around the statute of limitations.” Raymond v. Simonson, 4 Blackf. 77, 84 (Ind. 1835). [Footnote omitted.] Although the case before us concerns the statutory filing period of a non-claim statute rather than a statute of limitation, we find Justice Stevens’s metaphor equally applicable here, where plaintiffs appeal the trial court’s determination that their wrongful death claim was untimely filed. Ultimately, we navigate this labyrinth and conclude we must reverse the trial court.
….
Based upon our review of the historical and precedential records, we conclude that if a plaintiff makes the necessary factual showing, the Fraudulent Concealment Statute may apply to toll the Wrongful Death Act’s two-year filing period. In so holding, we break very little new ground. We have said before that fraud may toll the filing period of a non-claim statute. Gayheart v. Newnam Foundry Co., Inc., 271 Ind. 422, 425, 393 N.E.2d 163, 166 (1979) (holding that if a party “has been fraudulently induced into foregoing the filing of an application for modification” of a workers’ compensation award, the statutory filing period “shall be deemed tolled at the moment the fraud was perpetrated” even though the Workers’ Compensation Act is a non-claim statute).
….
We therefore reverse the trial court’s grant of summary judgment to Good Samaritan and remand this case to the trial court for further proceedings consistent with our opinion today.
Dickson, C.J., and Rucker, David, and Rush, JJ., concur.