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

Indiana § 34-9-3-5

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

Text

(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.]

Legislative History

As added by P.L.1-1998, SEC.4.