Sec. 4. (a) This section applies when a person:
(1) receives personal injuries caused by the wrongful act or omission of another; and
(2) subsequently dies from causes other than those personal injuries.
(b) The personal representative of the decedent who was injured may maintain an action against the wrongdoer to recover all damages resulting before the date of death from those injuries that the decedent would have been entitled to recover had the decedent lived. The damages inure to the exclusive benefit of the decedent's estate.
[Pre-1998 Recodification Citation: 34-1-1-1(d).]
As added by P.L.1-1998, SEC.4. Amended by P.L.143-2009, SEC.43; P.L.79-2017, SEC.77.
Structure Indiana Code
Title 34. Civil Law and Procedure
Chapter 3. Survival of Cause of Action After Death of Party
34-9-3-0.2. Application of Certain Amendments to Prior Law
34-9-3-1. Continuing Action After Death of Party
34-9-3-2. Notice Served on Legal Representatives
34-9-3-3. Actions Before and After Defendant's Death
34-9-3-4. Action by Decedent's Representative Based on Personal Injuries Not Causing Death
34-9-3-5. Personal Injury Claims; Death of Party Pending Appeal or Before New Trial After Reversal