CHAPTER 1. WRONGFUL DEATH GENERALLY
IC 34-23
ARTICLE 23. CAUSES OF ACTION: WRONGFUL
DEATH
IC 34-23-1
Chapter 1. Wrongful Death Generally
IC 34-23-1-1
Death from wrongful act or omission
Sec. 1. When the death of one is caused by the wrongful act or
omission of another, the personal representative of the former may
maintain an action therefor against the latter, if the former might
have maintained an action had he or she, as the case may be, lived,
against the latter for an injury for the same act or omission. When the
death of one is caused by the wrongful act or omission of another,
the action shall be commenced by the personal representative of the
decedent within two (2) years, and the damages shall be in such an
amount as may be determined by the court or jury, including, but not
limited to, reasonable medical, hospital, funeral and burial expenses,
and lost earnings of such deceased person resulting from said
wrongful act or omission. That part of the damages which is
recovered for reasonable medical, hospital, funeral and burial
expense shall inure to the exclusive benefit of the decedent's estate
for the payment thereof. The remainder of the damages, if any, shall,
subject to the provisions of this article, inure to the exclusive benefit
of the widow or widower, as the case may be, and to the dependent
children, if any, or dependent next of kin, to be distributed in the
same manner as the personal property of the deceased. If such
decedent depart this life leaving no such widow or widower, or
dependent children or dependent next of kin, surviving her or him,
the damages inure to the exclusive benefit of the person or persons
furnishing necessary and reasonable hospitalization or hospital
services in connection with the last illness or injury of the decedent,
performing necessary and reasonable medical or surgical services in
connection with the last illness or injury of the decedent, to a funeral
director or funeral home for the necessary and reasonable funeral and
burial expenses, and to the personal representative, as such, for the
necessary and reasonable costs and expenses of administering the
estate and prosecuting or compromising the action, including a
reasonable attorney's fee, and in case of a death under such
circumstances, and when such decedent leaves no such widow,
widower, or dependent children, or dependent next of kin, surviving
him or her, the measure of damages to be recovered shall be the total
of the necessary and reasonable value of such hospitalization or
hospital service, medical and surgical services, such funeral
expenses, and such costs and expenses of administration, including
attorney fees.
As added by P.L.1-1998, SEC.18.
IC 34-23-1-2
Wrongful death actions; damages
Sec. 2. (a) As used in this section, "adult person" means an
unmarried individual:
(1) who does not have any dependents; and
(2) who is not a child (as defined in IC 34-23-2-1).
(b) If the death of an adult person is caused by the wrongful act or
omission of another person, only the personal representative of the
adult person may maintain an action against the person whose
wrongful act or omission caused the death of the adult person.
(c) In an action to recover damages for the death of an adult
person, the damages:
(1) must be in an amount determined by a:
(A) court; or
(B) jury;
(2) may not include:
(A) damages awarded for a person's grief; or
(B) punitive damages; and
(3) may include but are not limited to the following:
(A) Reasonable medical, hospital, funeral, and burial
expenses necessitated by the wrongful act or omission that
caused the adult person's death.
(B) Loss of the adult person's love and companionship.
(d) Damages awarded under subsection (c)(3)(A) for medical,
hospital, funeral, and burial expenses inure to the exclusive benefit
of the adult person's estate for the payment of the expenses. The
remainder of the damages inure to the exclusive benefit of a
nondependent parent or nondependent child of the adult person.
(e) Aggregate damages that may be recovered under subsection
(c)(3)(B) may not exceed three hundred thousand dollars ($300,000).
A jury may not be advised of the monetary limits placed on damages
under this subsection. If the jury awards the plaintiff damages under
subsection (c)(3)(B) in an amount that exceeds three hundred
thousand dollars ($300,000), the court shall reduce that part of the
damages awarded to the plaintiff to three hundred thousand dollars
($300,000).
(f) A parent or child who wishes to recover damages under this
section has the burden of proving that the parent or child had a
genuine, substantial, and ongoing relationship with the adult person
before the parent or child may recover damages.
(g) In an action brought under this section, a court or a jury may
not hear evidence concerning the lost earnings of the adult person
that occur as a result of the wrongful act or omission.
(h) In awarding damages under this section to more than one (1)
person, the court or the jury shall specify the amount of the damages
that should be awarded to each person.
(i) In an action brought under this section, the trier of fact shall
make a separate finding with respect to damages awarded under
subsection (c)(3)(B).
As added by P.L.84-1999, SEC.2.