Indiana's Wrongful Death Law
Indiana recognizes wrongful death claims when a person dies due to another's negligence or wrongful act. Indiana has separate statutes for the death of an adult, the death of a child, and the death of an unmarried adult with no dependents. The claim is generally brought by the personal representative of the estate on behalf of the surviving spouse, children, or dependents.
Who Can Recover and What
Depending on the statute that applies, recoverable damages may include medical and funeral expenses, lost earnings and benefits the deceased would have provided, loss of love, care, and companionship, and the costs of administering the estate. Indiana's general wrongful death statute does not cap most damages for the death of an adult with dependents, while the adult wrongful death statute for those without dependents limits certain non-economic damages.
Common Causes of Wrongful Death
Fatal injuries arise from car, truck, and motorcycle crashes, workplace accidents, medical malpractice, defective products, nursing home neglect, and more. Establishing liability requires a thorough investigation, and proving the full value of the loss requires careful documentation of both economic and human losses.
Time Limits and Compassionate Guidance
Indiana's wrongful death statute of limitations is generally two years from the date of death. Grieving families should not have to fight insurance companies alone. A compassionate attorney handles the legal process so the family can focus on healing, pursuing the accountability and security their loved one deserved.
Injured in Indiana? Get a free, confidential case review today. There's no obligation, and you pay no fee unless you win. Call 973-566-5599.
Frequently Asked Questions
Generally the personal representative of the estate files on behalf of the surviving spouse, children, or dependents, depending on which Indiana statute applies.
Medical and funeral expenses, lost financial support, loss of companionship, and estate administration costs, depending on the applicable statute.
Generally two years from the date of death, though acting sooner helps preserve evidence and protect the family's rights.
This page is for general informational purposes only and is not legal advice. For guidance on your specific situation, consult a licensed Indiana attorney.