Wrongful Death Laws in Indiana
Losing a loved one due to someone else’s careless or reckless behavior is a devastating experience. In Indiana, the law gives surviving family members the right to pursue compensation through a wrongful death claim. This legal action can help provide financial relief and hold the at-fault party accountable for the loss.
Who Can File a Wrongful Death Claim in Indiana?
In Indiana, the personal representative of the deceased person’s estate is responsible for filing a wrongful death lawsuit. This representative may be named in a will or appointed by the court if necessary.
The compensation obtained through the lawsuit is distributed to surviving dependents or family members, such as:
- A spouse
- Children (including adopted children)
- Dependent next of kin, such as elderly parents or siblings
Indiana has slightly different rules depending on whether the deceased was an adult or a child, and whether they had dependents.
What Qualifies as a Wrongful Death?
A wrongful death occurs when someone dies as a result of another party’s negligence, recklessness, or intentional act. Common causes include:
- Car and truck accidents
- Motorcycle crashes
- Medical malpractice
- Construction or workplace accidents
- Dangerous products
- Criminal acts
The key factor is that the death would not have happened without someone else’s wrongful conduct.
Damages Available in an Indiana Wrongful Death Claim
Damages vary based on the age and dependency status of the deceased. Common types of compensation include:
- Medical expenses related to the injury that caused the death
- Funeral and burial costs
- Lost income and financial support
- Loss of companionship, care, and love
- Legal and administrative costs for the estate
In cases involving unmarried adults with no dependents, Indiana law limits certain types of damages, especially for non-economic losses.
Statute of Limitations in Indiana
Wrongful death claims in Indiana must be filed within two years of the person’s death. This deadline applies in most cases and starts from the date the fatal injury occurred or was discovered.
Missing the deadline can result in your case being dismissed, so it’s important to act quickly.
Wrongful Death After a Car Accident in Indiana
Traffic collisions are a leading cause of wrongful death in Indiana. Whether it involves distracted driving, speeding, impaired driving, or a commercial vehicle, the surviving family may file a wrongful death claim against the responsible driver or company.
In some cases, claims can also be made against vehicle manufacturers, mechanics, or government entities if a defect or poor road design contributed to the crash.
Workplace Fatalities and Third-Party Claims
When someone dies on the job, workers’ compensation death benefits may apply. However, if someone other than the employer caused the fatal injury—such as an equipment manufacturer, property owner, or driver—a separate wrongful death lawsuit may also be available.
An attorney can evaluate whether a third-party claim can provide additional compensation.
Frequently Asked Questions About Wrongful Death in Indiana
Can punitive damages be awarded?
No. Indiana law does not allow punitive damages in wrongful death claims, even in cases of gross negligence or intentional misconduct.
What if the deceased was a child?
If a child under age 20 (or under age 23 and enrolled in college or a trade program) dies, parents can file a wrongful death claim. The law allows recovery for loss of love and companionship, medical costs, counseling, and other related expenses.
How are damages distributed?
Damages are awarded to the estate but are intended for the benefit of surviving family members. The court may be involved in dividing compensation if multiple parties are eligible.
Is there a limit to how much can be recovered?
Yes. In certain wrongful death cases—such as when the deceased is an adult with no dependents—Indiana caps non-economic damages. For example, the cap for loss of love and companionship in these cases is currently set at $300,000.
Talk to a Wrongful Death Attorney in Indiana
If you’ve lost someone due to another party’s carelessness, a wrongful death attorney in Indiana can help you pursue justice and fair compensation. An experienced lawyer will guide you through the process and ensure your rights are protected every step of the way. Reach out today for help moving forward.