CHAPTER 1. WRONGFUL DEATH GENERALLY

IC 34-23
    ARTICLE 23. CAUSES OF ACTION: WRONGFULDEATH

IC 34-23-1
    Chapter 1. Wrongful Death Generally

IC 34-23-1-1
Death from wrongful act or omission
    Sec. 1. When the death of one is caused by the wrongful act oromission of another, the personal representative of the former maymaintain an action therefor against the latter, if the former mighthave maintained an action had he or she, as the case may be, lived,against the latter for an injury for the same act or omission. When thedeath of one is caused by the wrongful act or omission of another,the action shall be commenced by the personal representative of thedecedent within two (2) years, and the damages shall be in such anamount as may be determined by the court or jury, including, but notlimited to, reasonable medical, hospital, funeral and burial expenses,and lost earnings of such deceased person resulting from saidwrongful act or omission. That part of the damages which isrecovered for reasonable medical, hospital, funeral and burialexpense shall inure to the exclusive benefit of the decedent's estatefor the payment thereof. The remainder of the damages, if any, shall,subject to the provisions of this article, inure to the exclusive benefitof the widow or widower, as the case may be, and to the dependentchildren, if any, or dependent next of kin, to be distributed in thesame manner as the personal property of the deceased. If suchdecedent depart this life leaving no such widow or widower, ordependent children or dependent next of kin, surviving her or him,the damages inure to the exclusive benefit of the person or personsfurnishing necessary and reasonable hospitalization or hospitalservices in connection with the last illness or injury of the decedent,performing necessary and reasonable medical or surgical services inconnection with the last illness or injury of the decedent, to a funeraldirector or funeral home for the necessary and reasonable funeral andburial expenses, and to the personal representative, as such, for thenecessary and reasonable costs and expenses of administering theestate and prosecuting or compromising the action, including areasonable attorney's fee, and in case of a death under suchcircumstances, and when such decedent leaves no such widow,widower, or dependent children, or dependent next of kin, survivinghim or her, the measure of damages to be recovered shall be the totalof the necessary and reasonable value of such hospitalization orhospital service, medical and surgical services, such funeralexpenses, and such costs and expenses of administration, includingattorney fees.
As added by P.L.1-1998, SEC.18.
IC 34-23-1-2
Wrongful death actions; damages
    Sec. 2. (a) As used in this section, "adult person" means anunmarried individual:
        (1) who does not have any dependents; and
        (2) who is not a child (as defined in IC 34-23-2-1).
    (b) If the death of an adult person is caused by the wrongful act oromission of another person, only the personal representative of theadult person may maintain an action against the person whosewrongful act or omission caused the death of the adult person.
    (c) In an action to recover damages for the death of an adultperson, the damages:
        (1) must be in an amount determined by a:
            (A) court; or
            (B) jury;
        (2) may not include:
            (A) damages awarded for a person's grief; or
            (B) punitive damages; and
        (3) may include but are not limited to the following:
            (A) Reasonable medical, hospital, funeral, and burialexpenses necessitated by the wrongful act or omission thatcaused the adult person's death.
            (B) Loss of the adult person's love and companionship.
    (d) Damages awarded under subsection (c)(3)(A) for medical,hospital, funeral, and burial expenses inure to the exclusive benefitof the adult person's estate for the payment of the expenses. Theremainder of the damages inure to the exclusive benefit of anondependent parent or nondependent child of the adult person.
    (e) Aggregate damages that may be recovered under subsection(c)(3)(B) may not exceed three hundred thousand dollars ($300,000).A jury may not be advised of the monetary limits placed on damagesunder this subsection. If the jury awards the plaintiff damages undersubsection (c)(3)(B) in an amount that exceeds three hundredthousand dollars ($300,000), the court shall reduce that part of thedamages awarded to the plaintiff to three hundred thousand dollars($300,000).
    (f) A parent or child who wishes to recover damages under thissection has the burden of proving that the parent or child had agenuine, substantial, and ongoing relationship with the adult personbefore the parent or child may recover damages.
    (g) In an action brought under this section, a court or a jury maynot hear evidence concerning the lost earnings of the adult personthat occur as a result of the wrongful act or omission.
    (h) In awarding damages under this section to more than one (1)person, the court or the jury shall specify the amount of the damagesthat should be awarded to each person.
    (i) In an action brought under this section, the trier of fact shallmake a separate finding with respect to damages awarded undersubsection (c)(3)(B).
As added by P.L.84-1999, SEC.2.