Section 34-9-3-1 - Continuing action after death of party(a) If an individual who is entitled or liable in a cause of action dies, the cause of action survives and may be brought by or against the representative of the deceased party except actions for:(3) malicious prosecution;(5) invasion of privacy; and(6) personal injuries to the deceased party; which survive only to the extent provided in this chapter.
(b) An action under this chapter may be brought, or the court, on motion, may allow the action to be continued by or against the legal representatives or successors in interest of the deceased. The action is considered a continued action and accrues to the representatives or successors at the time the action would have accrued to the deceased if the deceased had survived.Pre-1998 Recodification Citation: 34-1-1-1(a).
As added by P.L. 1-1998, SEC.4.