person, the damages inure to the benefit of the protected person.
(e) In an action to recover for the death of a child, the plaintiff may
recover damages:
(1) for the loss of the child's services;
(2) for the loss of the child's love and companionship; and
(3) to pay the expenses of:
(A) health care and hospitalization necessitated by the wrongful
act or omission that caused the child's death;
(B) the child's funeral and burial;
(C) the reasonable expense of psychiatric and psychological
counseling incurred by a surviving parent or minor sibling of
the child that is required because of the death of the child;
(D) uninsured debts of the child, including debts for which a
parent is obligated on behalf of the child; and
(E) the administration of the child's estate, including reasonable
attorney's fees.
(f) Damages may be awarded under this section only with respect
to the period of time from the death of the child until:
(1) the date that the child would have reached:
(A) twenty (20) years of age; or
(B) twenty-three (23) years of age, if the child was enrolled in
an institution of higher education or in a vocational school or
program; or program or was engaged in military service; or
(C) twenty-five (25) years of age, if the child was a
military veteran and was enrolled in an institution of
higher education or a vocational school following active
military service; or
(2) the date of the child's last surviving parent's death;
whichever first occurs.
(g) Damages may be awarded under subsection (e)(2) only with
respect to the period of time from the death of the child until the date
of the child's last surviving parent's death.
(h) Damages awarded under subsection (e)(1), (e)(2), (e)(3)(C), and
(e)(3)(D) inure to the benefit of:
(1) the father and mother jointly if both parents had custody of the
child;
(2) the custodial parent, or custodial grandparent, and the
noncustodial parent of the deceased child as apportioned by the
court according to their respective losses; or
(3) a custodial grandparent of the child if the child was not
survived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased child
while the child was alive is not entitled to any recovery under this
chapter.
amended by this act, applies to causes of action accruing after
June 30, 2003.".
Renumber all SECTIONS consecutively.
(Reference is to ESB 203 as printed February 13, 2004.)