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Ind. Code § 34-9-3-5

Personal injury claims; death of party pending appeal or before new trial after reversal

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

Sec. 5. (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.

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