Indiana Wrongful Death Law Guide

Losing a loved one in Indiana due to someone else’s wrongdoing raises many questions about rights and timing. Indiana has three closely related wrongful death statutes: one for deaths of any dependent (the General Wrongful Death Statute), one for deaths of adults without dependents (the Adult Wrongful Death Statute), and one specifically for children. In most cases, the surviving family will pursue a claim under the general statute or the adult statute. This guide explains in everyday language: who is allowed to sue (typically the deceased’s estate representative, or a parent if a child dies); how long you have to sue (usually two years from death); what types of compensation are available (medical bills, funeral costs, lost support, loss of companionship); and any unique limitations (for example, a $300,000 cap on certain damages in adult cases). We also walk through common scenarios (car accidents, medical errors, etc.) and outline a typical path from the first meeting with a lawyer to a settlement or trial.

1. What “wrongful death” means in Indiana

In Indiana, a death is considered wrongful if it was caused by another’s negligent or wrongful act such that the deceased could have brought a personal injury case had they lived. Key examples include fatal car crashes, workplace accidents, medical malpractice resulting in death, or defective product injuries. If the facts fit Indiana’s law, then eligible survivors can sue even though the victim has died.

2. Who can bring a wrongful death case in Indiana

Unlike some states, Indiana separates cases by the type of decedent. But in general:

• For a deceased adult with a spouse or dependents (General WD Statute). Only the decedent’s personal representative (the executor or administrator of the estate) may maintain a wrongful death action. The damages recovered will ultimately benefit the surviving spouse and any dependent children or next of kin.

• For a deceased adult with no dependents (Adult WD Statute). Again, only the personal representative may sue, on behalf of certain family members (a nondependent spouse or a nondependent parent/child who had a substantial relationship).

• For a deceased child under 20 (or under 23 if a full-time student). Either parent may bring the claim (or a guardian if one exists), or both parents jointly. If a parent dies before the child, a personal representative is appointed to continue the case.

The common thread is that individuals cannot file on their own; the lawsuit is filed by the estate’s representative, ensuring it benefits the legal survivors. If you’re uncertain which statute applies, an Indiana attorney can advise based on your family’s situation.

3. Statute of limitations (deadline to file)

In Indiana, the wrongful death lawsuit generally must be filed within two years after the date of death. This means once the person has died, the clock starts ticking. If the case involves a product liability or certain other claims, Indiana law has special accrual rules (e.g. a long-stop of 10 years for product claims, subject to certain exceptions). But for most wrongful death cases, plan on a 2-year window.

The deadline is strictly enforced, so families should consult a lawyer as soon as possible. If you wait too long, you may lose the right to sue entirely, even if you have a valid claim.

4. What kinds of damages can be recovered

Indiana law allows wrongful death plaintiffs to recover the pecuniary losses suffered by the survivors. In practice, this means you can seek compensation for:

• Medical and funeral expenses. Indiana expressly allows the estate to recover the decedent’s last medical bills and the reasonable cost of funeral and burial.
• Lost financial support. Money the decedent would have earned and provided to the family (wages, benefits) had they lived.
• Lost services. The value of work or services the deceased provided around the home (childcare, eldercare, household help).
• Loss of companionship and care. Non-economic losses for the survivors – typically phrased as “loss of love and companionship.” Indiana allows damages for loss of companionship, though in adult cases this is capped (see below).
• Punitive damages (in rare cases). Punitive damages are not allowed under the wrongful death statutes, so the focus is on compensatory losses.
• Other losses. If relevant, lost inheritance or other family benefits may be considered.

Importantly, Indiana’s wrongful death statutes specifically exclude recovery for the decedent’s pain and suffering, or for the survivors’ grief alone. Also, survivors cannot get punitive damages in a wrongful death claim. The damages are meant to cover objectively measurable losses to the family, not the emotional trauma of the survivors.

Damage cap in Indiana

Under the Adult Wrongful Death statute (for unmarried adults with no dependents), Indiana caps the total award for loss of love and companionship at $300,000. This is the only cap in wrongful death cases; economic damages (medical bills, lost wages, etc.) are not capped. The cap is applied after a jury verdict (if awarded more, a judge reduces it to $300,000). No cap applies if the deceased had a spouse or dependents (the general statute).

5. Common Indiana wrongful death scenarios

Wrongful death claims in Indiana can arise from many tragic accidents or acts of negligence, such as:

• Vehicle collisions. A fatal crash involving cars, trucks, or motorcycles caused by driver error, speeding, drunk driving, or distracted driving.
• Medical malpractice. A surgical mistake or other healthcare error leading to a patient’s death.
• Work-related accidents. Construction or industrial accidents (like a fall from scaffolding or machinery malfunction) that are not barred by workers’ compensation.
• Dangerous premises. A fatal injury caused by an unsafe condition on someone else’s property (for example, a collapse or fire hazard).
• Defective products. A defective vehicle component, appliance, or other product that causes fatal harm.
• Crime-related deaths. An intentional act like homicide – families can bring a wrongful death suit against the wrongdoer (civil claims exist even if criminal charges are filed).

Each type of case will involve specialized rules (for example, if it’s medical malpractice or involves government immunity), but the general wrongful death principles described above apply to all.

6. Overview of the process in Indiana

Though every case is unique, the general steps in an Indiana wrongful death case are:

1. Speak with a lawyer. The family meets with an attorney to review the facts of the incident and the losses incurred. The lawyer will gather information such as accident reports, medical records, and employment documents.
2. Estate and Personal Representative. If not already done, an estate may need to be opened in probate court so that a personal representative (executor) can be appointed. This person will serve as the plaintiff in the wrongful death claim.
3. Investigation. The legal team investigates liability (who is at fault) and damages (the decedent’s earnings, expenses, etc.). Experts may be consulted (accident reconstruction, medical experts, economists).
4. Negotiation with insurers. Often, the attorney will notify insurance companies or other parties and attempt to negotiate a settlement before going to court.
5. Filing suit (if needed). If negotiations stall, the personal representative files a wrongful death lawsuit in court before the 2-year deadline.
6. Discovery and motions. Both sides exchange evidence and may file legal motions (e.g. to dismiss or exclude evidence). This prepares the case for trial.
7. Settlement or trial. Many cases settle after discovery. If not, the case goes to trial, where a judge or jury determines liability and awards damages.
8. Distribution of funds. Any recovery is distributed to the surviving family members per Indiana’s laws. If there are minor beneficiaries, settlement proceeds often go through probate; adult beneficiaries share the funds as directed by the court or by agreement.

At each step, Indiana families retain control with advice from their lawyer. For instance, the survivors and their representative decide whether to accept a settlement offer or proceed to trial. The goal is to secure fair compensation for the loss while honoring the wishes of the family as much as possible.

This information is for general understanding only and not legal advice. Indiana wrongful death law is complex, and outcomes depend on specific facts. Families should consult a licensed Indiana attorney about their situation.