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IN SB0124

Bill

Status

Introduced

1/5/2016

Primary Sponsor

Lonnie Randolph

Click for details

Origin

Senate

2016 Regular Session

AI Summary

Senate Bill No. 124 Summary

  • Amends Indiana Code IC 34-23-1 to allow reasonable attorney's fees as recoverable damages in general wrongful death actions when the decedent leaves a widow or widower, dependent children, or dependent next of kin.

  • Attorney's fees recovered in wrongful death actions inure to the exclusive benefit of the estate and any other person who incurred the fees to bring and maintain the action.

  • Establishes that in adult wrongful death actions (unmarried individuals without dependents), damages may include reasonable attorney's fees incurred for bringing and maintaining the action.

  • Limits aggregate damages for loss of love and companionship in adult wrongful death actions to $300,000, with courts required to reduce jury awards exceeding this cap.

  • Effective date: July 1, 2016.

Legislative Description

Wrongful death actions and attorney's fees. Provides that, in a general wrongful death action, if a decedent leaves a widow or widower, dependent children, or dependent next of kin, damages may include reasonable attorney's fees incurred for bringing and maintaining the wrongful death action. Specifies that, in an adult wrongful death action, damages may include reasonable attorney's fees incurred for bringing and maintaining the action.

Last Action

First reading: referred to Committee on Civil Law

1/5/2016

Committee Referrals

Civil Law1/5/2016

Full Bill Text

No bill text available