Ind. Code § 34-9-3-4

Action by decedent's representative based on personal injuries not causing death

Applied in 11 court decisions — leading case Cahoon v. Cummings (2000)

Most recently applied in 26 F. Supp. 3d 824 - Estate of Williams v. Indiana State Police (June 2014)

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

How often courts cite this section

citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

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 inure to the exclusive benefit of the decedent's estate.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.