Indiana § 34-9-3-5 Personal injury claims; death of party pending appeal or before new
trial after reversal

Indiana Statutes

§ 34-9-3-5 — Personal injury claims; death of party pending appeal or before new trial after reversal

Indiana·Title 34 CIVIL LAW AND PROCEDURE·Art. 9 PARTIES·Ch. 3 Survival of Cause of Action After Death of Party

(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. [Pre-1998 Recodification Citation: 34-4-21-1.]

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(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.
[Pre-1998 Recodification Citation: 34-4-21-1.]

Indiana § 34-9-3-5 (Personal injury claims; death of party pending appeal or before new trial after reversal) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.