Sec. 2. (a) As used in this section, "adult person"
means:
(1) an unmarried individual:
(A) who does not have any dependents; and
(B) who is not a child (as defined in IC 34-23-2-1); or
(2) a married individual:
(A) who does not have any dependents; and
(B) whose death was caused by the married individual's spouse.
(b) If the death of an adult person is caused by the wrongful act or
omission of another person, only the personal representative of the
adult person may maintain an action against the person whose wrongful
act or omission caused the death of the adult person.
(c) In an action to recover damages for the death of an adult person,
the damages:
(1) must be in an amount determined by a:
(A) court; or
(B) jury;
(2) may not include:
(A) damages awarded for a person's grief; or
(B) punitive damages; and
(3) may include but are not limited to the following:
(A) Reasonable medical, hospital, funeral, and burial expenses
necessitated by the wrongful act or omission that caused the
adult person's death.
(B) Loss of the adult person's love and companionship.
(d) Damages awarded under subsection (c)(3)(A) for medical,
hospital, funeral, and burial expenses inure to the exclusive benefit of
the adult person's estate for the payment of the expenses. The
remainder of the damages inure to the exclusive benefit of a
nondependent parent or nondependent child of the adult person.
(e) Aggregate damages that may be recovered under subsection
(c)(3)(B) may not exceed three hundred thousand dollars ($300,000).
A jury may not be advised of the monetary limits placed on damages
under this subsection. If the jury awards the plaintiff damages under
subsection (c)(3)(B) in an amount that exceeds three hundred thousand
dollars ($300,000), the court shall reduce that part of the damages
awarded to the plaintiff to three hundred thousand dollars ($300,000).
(f) A parent or child who wishes to recover damages under this
section has the burden of proving that the parent or child had a
genuine, substantial, and ongoing relationship with the adult person
before the parent or child may recover damages.
(g) In an action brought under this section, a court or a jury may not
hear evidence concerning the lost earnings of the adult person that
occur as a result of the wrongful act or omission.
(h) In awarding damages under this section to more than one (1)
person, the court or the jury shall specify the amount of the damages
that should be awarded to each person.
(i) In an action brought under this section, the trier of fact shall
make a separate finding with respect to damages awarded under
subsection (c)(3)(B).
As added by P.L.84-1999, SEC.2. Amended by P.L.162-2022,
SEC.24.
IC 34-23-2Chapter 2. Wrongful Death or Injury of a Child
34-23-2-0.1Application of certain amendments to chapter 34-23-2-0.2Application of certain amendments to prior law 34-23-2-1Injury or death of child; action by parent or
guardian
Notes of Decisions
McCabe v. Comm'r, Indiana Dep't of Ins., 949 N.E.2d 816 (Ind. 2011).
· cites it 20× “In this interlocutory appeal, the plaintiff in a medical negligence wrongful death action challenges the trial court's grant of partial summary judgment finding that the Adult Wrongful Death Statute ("AWDS"), Ind.”
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
· cites it 9× “I.C. §§ 34-23-1-2, -2-1. Plaintiffs also note the language of the statute itself, which leaves open-ended what damages are recoverable under the statute: "[D]amages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable…”
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
· cites it 5× “See Ind.Code § 34-23-1-2. Moreover, in order for a parent or child of the adult person to recover damages under the statute, the parent or child has the burden of proving "a genuine, substantial, and ongoing relationship with the adult person[.”
Butler v. Indiana Dep't of Ins., 904 N.E.2d 198 (Ind. 2009).
· cites it 7× “We hold that, under the statute governing actions for the wrongful death of unmarried adult persons with no dependents, Ind.Code § 34-23-1-2 (1999), in the event medical providers issue statements of charges for medical, hospital, or other health care services but thereafter…”
Hematology-Oncology of Indiana, P.C. v. Fruits, 950 N.E.2d 294 (Ind. 2011).
· cites it 8× “(the provider), appeals the trial court judgment awarding attorney fees and litigation expenses in this action brought under the Adult Wrongful Death Statute ("AWDS"), Ind.Code § 34-23-1-2, and the Medical Malpractice Act ("MMA"), Ind.”
Atterholt v. Robinson, 872 N.E.2d 633 (Ind. Ct. App. 2007).
· cites it 4× “Ind.Code § 34-23-1-2. 3 .We held oral argument on this matter in Indianapolis on July 30, 2007.”
SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015).
· cites it 4× “*679 Our General Assembly has also enacted two additional wrongful death provisions: the Adult Wrongful Death Statute, Indiana Code section 34-23-1-2 (“AWDS”), and the Child Wrongful Death Statute, Indiana Code section 34-23-2-1 (“CWDS”).”
Est. of Sears Ex Rel. Sears v. Griffin, 771 N.E.2d 1136 (Ind. 2002).
· cites it 4× “See Ind.Code Ann. § 34-23-1-2 (West 2001). This statute governs actions for the wrongful death of unmarried persons who are not children as defined in the CWDS, but who die without dependents.”
Indiana Patient's Comp. Fund v. Brown, 949 N.E.2d 822 (Ind. 2011).
· cites it 5× “55 against it on grounds that the judgment includes sums for expenses of administration, contingent attorney fees, and loss of services that are not recoverable under the Indiana Adult Wrongful Death Statute ("AWDS"), Ind. Code § 34-23-1-2 . The Court of Appeals rejected the…”
Bush v. State Farm Mut. Auto. Ins. Co., 905 N.E.2d 1003 (Ind. 2009).
· cites it 4× “The complaint did not set out whether the claim was asserted under the Adult Wrongful Death Statute, Ind.Code § 34-23-1-2 (2004), or under some other theory.”
Loparex, LLC v. MPI Release Tech., LLC, 964 N.E.2d 806 (Ind. 2012).
· cites it 2× “We found that the AWDS was a “mere amplification of damages allowed by the GWDS,” and that “[i]f the legislature had desired to exclude elements of damages expressly included in the GWDS” *817 then the easiest way to do so would have been to list them in Section 34-23-1-2(c)(2),…”
Hillebrand v. Supervised Est. of Large, 914 N.E.2d 846 (Ind. Ct. App. 2009).
· cites it 3× “To be sure, it should be emphasized that Hillebrand does not contest that the personal representative can appoint an attorney to pursue the wrongful death claim; rather, the only issue raised is whether the Estate can charge the attorney fees incurred in the pursuit of the…”
— Ind. Code § 34-23-1-2(Ff) — 1 case
— Ind. Code § 34-23-1-2(a) — 1 case
Indiana Patient's Comp. Fund v. Brown, 949 N.E.2d 822 (Ind. 2011).
“55 against it on grounds that the judgment includes sums for expenses of administration, contingent attorney fees, and loss of services that are not recoverable under the Indiana Adult Wrongful Death Statute ("AWDS"), Ind. Code § 34-23-1-2 . The Court of Appeals rejected the…”
— Ind. Code § 34-23-1-2(b) — 1 case
Bush v. State Farm Mut. Auto. Ins. Co., 905 N.E.2d 1003 (Ind. 2009).
“The complaint did not set out whether the claim was asserted under the Adult Wrongful Death Statute, Ind.Code § 34-23-1-2 (2004), or under some other theory.”
— Ind. Code § 34-23-1-2(c) — 3 cases
Butler v. Indiana Dep't of Ins., 904 N.E.2d 198 (Ind. 2009).
“We hold that, under the statute governing actions for the wrongful death of unmarried adult persons with no dependents, Ind.Code § 34-23-1-2 (1999), in the event medical providers issue statements of charges for medical, hospital, or other health care services but thereafter…”
— Ind. Code § 34-23-1-2(c)(2) — 3 cases
Loparex, LLC v. MPI Release Tech., LLC, 964 N.E.2d 806 (Ind. 2012).
“We found that the AWDS was a “mere amplification of damages allowed by the GWDS,” and that “[i]f the legislature had desired to exclude elements of damages expressly included in the GWDS” *817 then the easiest way to do so would have been to list them in Section 34-23-1-2(c)(2),…”
McCabe v. Comm'r, Indiana Dep't of Ins., 949 N.E.2d 816 (Ind. 2011).
“In this interlocutory appeal, the plaintiff in a medical negligence wrongful death action challenges the trial court's grant of partial summary judgment finding that the Adult Wrongful Death Statute ("AWDS"), Ind.”
— Ind. Code § 34-23-1-2(c)(2)(A) — 1 case
— Ind. Code § 34-23-1-2(c)(2)(B) — 1 case
Durham Ex Rel. Est. of Wade v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).
“I.C. §§ 34-23-1-2, -2-1. Plaintiffs also note the language of the statute itself, which leaves open-ended what damages are recoverable under the statute: "[D]amages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable…”
— Ind. Code § 34-23-1-2(c)(3) — 2 cases
SCI Propane, LLC v. Frederick, 39 N.E.3d 675 (Ind. 2015).
“*679 Our General Assembly has also enacted two additional wrongful death provisions: the Adult Wrongful Death Statute, Indiana Code section 34-23-1-2 (“AWDS”), and the Child Wrongful Death Statute, Indiana Code section 34-23-2-1 (“CWDS”).”
Hematology-Oncology of Indiana, P.C. v. Fruits, 950 N.E.2d 294 (Ind. 2011).
“(the provider), appeals the trial court judgment awarding attorney fees and litigation expenses in this action brought under the Adult Wrongful Death Statute ("AWDS"), Ind.Code § 34-23-1-2, and the Medical Malpractice Act ("MMA"), Ind.”
— Ind. Code § 34-23-1-2(c)(3)(A) — 4 cases
McCabe v. Comm'r, Indiana Dep't of Ins., 949 N.E.2d 816 (Ind. 2011).
“In this interlocutory appeal, the plaintiff in a medical negligence wrongful death action challenges the trial court's grant of partial summary judgment finding that the Adult Wrongful Death Statute ("AWDS"), Ind.”
— Ind. Code § 34-23-1-2(c)(3)(B) — 1 case
— Ind. Code § 34-23-1-2(c)(8)(A) — 1 case
— Ind. Code § 34-23-1-2(d) — 4 cases
Hillebrand v. Supervised Est. of Large, 914 N.E.2d 846 (Ind. Ct. App. 2009).
“To be sure, it should be emphasized that Hillebrand does not contest that the personal representative can appoint an attorney to pursue the wrongful death claim; rather, the only issue raised is whether the Estate can charge the attorney fees incurred in the pursuit of the…”
Bush v. State Farm Mut. Auto. Ins. Co., 905 N.E.2d 1003 (Ind. 2009).
“The complaint did not set out whether the claim was asserted under the Adult Wrongful Death Statute, Ind.Code § 34-23-1-2 (2004), or under some other theory.”
— Ind. Code § 34-23-1-2(e) — 2 cases
Butler v. Indiana Dep't of Ins., 904 N.E.2d 198 (Ind. 2009).
“We hold that, under the statute governing actions for the wrongful death of unmarried adult persons with no dependents, Ind.Code § 34-23-1-2 (1999), in the event medical providers issue statements of charges for medical, hospital, or other health care services but thereafter…”
— Ind. Code § 34-23-1-2(f) — 3 cases
Horn v. Hendrickson, 824 N.E.2d 690 (Ind. Ct. App. 2005).
“See Ind.Code § 34-23-1-2. Moreover, in order for a parent or child of the adult person to recover damages under the statute, the parent or child has the burden of proving "a genuine, substantial, and ongoing relationship with the adult person[.”
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