Bill Text: IN HB1197 | 2010 | Regular Session | Introduced
Bill Title: Wrongful death statute of limitations.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-01-07 - First reading: referred to Committee on Judiciary [HB1197 Detail]
Download: Indiana-2010-HB1197-Introduced.html
Citations Affected: IC 34-23-1-1.
Synopsis: Wrongful death statute of limitations. Provides that, for
purposes of the law concerning wrongful death actions, if the death of
a decedent is the result of murder, the personal representative of the
decedent may commence an action against the person who committed
the murder: (1) at any time; and (2) regardless of the amount of time
that passes between the date the person commits the elements of
murder and the date the decedent dies.
Effective: July 1, 2010.
January 7, 2010, read first time and referred to Committee on Judiciary.
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A BILL FOR AN ACT to amend the Indiana Code concerning civil
procedure.
of this article, inure to the exclusive benefit of the widow or widower,
as the case may be, and to the dependent children, if any, or dependent
next of kin, to be distributed in the same manner as the personal
property of the deceased. If such decedent depart this life leaving no
such widow or widower, or dependent children or dependent next of
kin, surviving her or him, the damages inure to the exclusive benefit of
the person or persons furnishing necessary and reasonable
hospitalization or hospital services in connection with the last illness
or injury of the decedent, performing necessary and reasonable medical
or surgical services in connection with the last illness or injury of the
decedent, to a funeral director or funeral home for the necessary and
reasonable funeral and burial expenses, and to the personal
representative, as such, for the necessary and reasonable costs and
expenses of administering the estate and prosecuting or compromising
the action, including a reasonable attorney's fee, and in case of a death
under such circumstances, and when such decedent leaves no such
widow, widower, or dependent children, or dependent next of kin,
surviving him or her, the measure of damages to be recovered shall be
the total of the necessary and reasonable value of such hospitalization
or hospital service, medical and surgical services, such funeral
expenses, and such costs and expenses of administration, including
attorney fees.
(b) If the death of a decedent is the result of murder
(IC 35-42-1-1), the personal representative of the decedent may
commence an action under this section against the person who
committed the murder:
(1) at any time; and
(2) regardless of the amount of time that passes between:
(A) the date the person commits the elements of murder;
and
(B) the date the decedent dies.