§ 34-9-3-5 Personal injury claims; death of party pending appeal or before new trial after reversal

Codes > Indiana Code > Title 34 > Article 9 : Chapter 3 > 34-9-3-5 Personal

34-9-3-5 Personal injury claims; death of party pending appeal or before new trial after reversal

    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.