§ 34-23-1-1 — Death from wrongful act or omission

Indiana § 34-23-1-1

• Jurisdiction: Indiana
• Title 34: CIVIL LAW AND PROCEDURE
• Art. 23: CAUSES OF ACTION: WRONGFUL DEATH
• Ch. 1: Wrongful Death Generally

Text

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

Legislative History

As added by P.L.1-1998, SEC.18.