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§ 34-9-3-5 — Indiana Law | CourtGPT
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  4. Title 34 - Civil Law and Procedure/
  5. Article 9 - Parties/
  6. Chapter 3 - Survival of Cause of Action After Death of Party34-9-3-0.2. Application of Certain Amendments to Prior Law/
  7. § 34-9-3-5
Indiana Legal Code

§ 34-9-3-5

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(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.[Pre-1998 Recodification Citation: 34-4-21-1.]As added by P.L.1-1998, SEC.4.