Indiana Wrongful Death Laws

Death is a natural part of the life cycle, but that doesn’t make it any easier to lose a loved one. It is even harder when your loved one dies due to another person’s intentional act or carelessness. While a wrongful death suit won’t bring back your friend or family member, it can help ease the financial burden you experience after their passing.

If you decide to pursue an Indiana wrongful death claim, you should familiarize yourself with your state’s wrongful death laws. In this article, we’ll explain how wrongful death claims work in Indiana, including information on who can file this type of lawsuit, the types of damages you can demand, and how long you have to file a wrongful death claim.

If you recently lost someone in a car accident or other incident, consider contacting a local wrongful death attorney. They can explain how Indiana’s wrongful death laws might apply to your unique circumstances and walk you through your options.

How Indiana Law Defines Wrongful Death

Wrongful death claims are similar to a personal injury case in that they are civil claims based on negligence or recklessness. The claim is brought by the deceased person’s estate and often represented by a family member.

Every state defines wrongful death in its own way. Indiana has three separate statutes dealing with wrongful death.

• Wrongful Death Act, General Wrongful Death Statute: Applies to adults with spouses or dependents
• Adult Wrongful Death Act: Applies to unmarried adults without dependents
• Child Wrongful Death Act: Applies to the death of a child

Under Indiana‘s wrongful death statute, a wrongful death occurs when a person’s wrongful act or omission causes another person’s death. Someone can be liable for wrongful death if they engage in the following behaviors, thereby causing the death of another person:

• Negligence
• Recklessness
• An intentional act

The key to proving wrongful death under Indiana Code is that the wrongful act must be something the decedent (the person who died) could have brought a personal injury claim for had they survived. For example, if a person dies as a result of medical malpractice, their surviving family members may have a valid wrongful death claim. Had the victim lived, they could have sued the doctor or medical facility for personal injury.

Who Has Standing To File a Wrongful Death Claim in Indiana?

Every state has rules about who has standing to file a wrongful death action. In Indiana, only the personal representative of the decedent‘s estate can file a complaint for wrongful death.

This doesn’t mean the decedent‘s surviving spouse or surviving dependents don’t have a claim for damages. It indicates that the personal representative files the claim on behalf of the estate and its beneficiaries. If the lawsuit is successful, the surviving family members recover damages through the estate.

Note: There is an exception to this rule for cases involving the death of a child. If the victim is a child, their parents have standing to sue. Indiana law defines a child as anyone under 20 years of age, or 23 years of age if they are a college student.

Kinds of Damages Available in a Wrongful Death Suit

In Indiana, you can demand the following damages in a wrongful death lawsuit:

• Funeral expenses
• Burial expenses
• Medical expenses
• Loss of the deceased person’s expected income and benefits
• Loss of love, care, and companionship

Reasonable attorney’s fees can be paid out of the damages awarded.

A wrongful death claim is meant to compensate the survivors for their losses, not the decedent‘s pre-death suffering. Damages for the decedent‘s pain and suffering are generally not available in a wrongful death lawsuit. Indiana law does not allow plaintiffs to recover punitive damages. The law also limits damages to $300,000 in cases involving the death of an unmarried adult who does not have any dependents.

Seek Legal Advice for Your Wrongful Death Action

It’s hard enough to lose a loved one from natural causes. When you lose a family member due to someone else’s wrongful act or negligence, it can be overwhelming. A wrongful death claim allows you to hold the responsible party accountable.

Contact an Indiana wrongful death lawyer or personal injury attorney to learn more. They can evaluate your situation, determine whether you have a valid wrongful death case, and explain your legal options. The statute of limitations for a wrongful death claim in Indiana is two years from the date of death. Contacting an attorney as soon as possible is advisable.