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IN SB0025
Bill
Status
1/3/2017
Primary Sponsor
Lonnie Randolph
Click for details
AI Summary
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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.
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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.
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Establishes a new category of "adult person" wrongful death actions for unmarried individuals without dependents, allowing only the personal representative to maintain the action.
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Permits reasonable attorney's fees as recoverable damages in adult wrongful death actions, along with medical, hospital, funeral, burial expenses and loss of love and companionship (capped at $300,000).
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Effective July 1, 2017.
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 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
1/3/2017