CHAPTER 3. SURVIVAL OF CAUSE OF ACTION AFTER DEATH OF PARTY
IC 34-9-3
Chapter 3. Survival of Cause of Action After Death of Party
IC 34-9-3-1
Continuing action after death of party
Sec. 1. (a) If an individual who is entitled or liable in a cause of
action dies, the cause of action survives and may be brought by or
against the representative of the deceased party except actions for:
(1) libel;
(2) slander;
(3) malicious prosecution;
(4) false imprisonment;
(5) invasion of privacy; and
(6) personal injuries to the deceased party;
which survive only to the extent provided in this chapter.
(b) An action under this chapter may be brought, or the court, on
motion, may allow the action to be continued by or against the legal
representatives or successors in interest of the deceased. The action
is considered a continued action and accrues to the representatives or
successors at the time the action would have accrued to the deceased
if the deceased had survived.
As added by P.L.1-1998, SEC.4.
IC 34-9-3-2
Notice served on legal representatives
Sec. 2. If an action is continued against the legal representatives
or successors of a defendant, a notice shall be served on them as in
the case of an original notice.
As added by P.L.1-1998, SEC.4.
IC 34-9-3-3
Actions before and after defendant's death
Sec. 3. (a) If an action commenced against the decedent before the
decedent's death, the action is continued by substituting the
decedent's personal representatives, as in other actions surviving the
defendant's death.
(b) If the action is brought after the death of a defendant, then the
action is prosecuted as are other claims against the decedent's estate.
As added by P.L.1-1998, SEC.4.
IC 34-9-3-4
Action by decedent's representative based on personal injuries not
causing death
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:
(1) inure to the exclusive benefit of the decedent's estate; and
(2) are subject to IC 6-4.1.
As added by P.L.1-1998, SEC.4. Amended by P.L.143-2009, SEC.43.
IC 34-9-3-5
Personal injury claims; death of party pending appeal or before
new trial after reversal
Sec. 5. (a) This section applies when:
(1) a person obtains a judgment for personal injuries against a
person, company, or corporation in a trial court;
(2) the person, company, or corporation against whom or which
the judgment was obtained appeals to the supreme court or the
court of appeals; and
(3) the judgment is reversed by the supreme court or the court
of appeals, with a new trial granted to the appellant.
(b) If a person who obtains a judgment dies:
(1) pending the appeal; or
(2) before a new trial after the reversal;
the claim for personal injuries survives and may be prosecuted by the
representative of the decedent, as other claims are prosecuted for and
on behalf of decedents' estates.
As added by P.L.1-1998, SEC.4.