CHAPTER 3. SURVIVAL OF CAUSE OF ACTION AFTER DEATH OF PARTY

IC 34-9-3
    Chapter 3. Survival of Cause of Action After Death of Party

IC 34-9-3-1
Continuing action after death of party
    Sec. 1. (a) If an individual who is entitled or liable in a cause ofaction dies, the cause of action survives and may be brought by oragainst the representative of the deceased party except actions for:
        (1) libel;
        (2) slander;
        (3) malicious prosecution;
        (4) false imprisonment;
        (5) invasion of privacy; and
        (6) personal injuries to the deceased party;
which survive only to the extent provided in this chapter.
    (b) An action under this chapter may be brought, or the court, onmotion, may allow the action to be continued by or against the legalrepresentatives or successors in interest of the deceased. The actionis considered a continued action and accrues to the representatives orsuccessors at the time the action would have accrued to the deceasedif the deceased had survived.
As added by P.L.1-1998, SEC.4.

IC 34-9-3-2
Notice served on legal representatives
    Sec. 2. If an action is continued against the legal representativesor successors of a defendant, a notice shall be served on them as inthe case of an original notice.
As added by P.L.1-1998, SEC.4.

IC 34-9-3-3
Actions before and after defendant's death
    Sec. 3. (a) If an action commenced against the decedent before thedecedent's death, the action is continued by substituting thedecedent's personal representatives, as in other actions surviving thedefendant's death.
    (b) If the action is brought after the death of a defendant, then theaction is prosecuted as are other claims against the decedent's estate.
As added by P.L.1-1998, SEC.4.

IC 34-9-3-4
Action by decedent's representative based on personal injuries notcausing death
    Sec. 4. (a) This section applies when a person:
        (1) receives personal injuries caused by the wrongful act oromission of another; and
        (2) subsequently dies from causes other than those personalinjuries.
    (b) The personal representative of the decedent who was injuredmay maintain an action against the wrongdoer to recover all damages

resulting before the date of death from those injuries that thedecedent would have been entitled to recover had the decedent lived.The damages:
        (1) inure to the exclusive benefit of the decedent's estate; and
        (2) are subject to IC 6-4.1.
As added by P.L.1-1998, SEC.4. Amended by P.L.143-2009, SEC.43.

IC 34-9-3-5
Personal injury claims; death of party pending appeal or beforenew trial after reversal
    Sec. 5. (a) This section applies when:
        (1) a person obtains a judgment for personal injuries against aperson, company, or corporation in a trial court;
        (2) the person, company, or corporation against whom or whichthe judgment was obtained appeals to the supreme court or thecourt of appeals; and
        (3) the judgment is reversed by the supreme court or the courtof 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 therepresentative of the decedent, as other claims are prosecuted for andon behalf of decedents' estates.
As added by P.L.1-1998, SEC.4.