Sec. 4. (a) This section applies when a person:

(1) receives personal injuries caused by the wrongful act or omission of another; and

Terms Used In Indiana Code 34-9-3-4

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
(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 inure to the exclusive benefit of the decedent’s estate.

[Pre-1998 Recodification Citation: 34-1-1-1(d).]

As added by P.L.1-1998, SEC.4. Amended by P.L.143-2009, SEC.43; P.L.79-2017, SEC.77.