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Losing a family member is a devastating experience, especially when their death was caused by the negligence, recklessness, or intentional act of another person or corporation. While no amount of money can bring a loved one back, the Indiana Wrongful Death Act (IC 34-23) allows grieving families to seek financial stability and hold the at-fault parties accountable.
Indiana law has very specific and complex rules depending on whether the deceased was an adult with dependents, an unmarried adult without dependents, or a child. Furthermore, the law outlines what happens to a personal injury claim if the victim dies before their trial concludes – situations where the guidance of a wrongful death attorney can be especially valuable.
General Wrongful Death Claims (IC 34-23-1-1)
If the deceased left behind a widow, widower, or dependent children, the general wrongful death statute applies. Under Indiana law, the family cannot file the lawsuit directly; it must be filed by the personal representative (executor) of the deceased person’s estate.
Indiana Code Quote (IC 34-23-1-1):
“When the death of one is caused by the wrongful act or omission of another, the personal representative of the former may maintain an action therefor against the latter… the action shall be commenced by the personal representative of the decedent within two (2) years…”
Available Damages
For individuals with dependents, the law allows the estate to recover substantial damages to replace the financial support the deceased would have provided. According to the statute, damages include, but are not limited to:
- Reasonable medical, hospital, funeral, and burial expenses.
- Lost earnings of the deceased person resulting from the wrongful act.
The funds for medical and funeral expenses go directly to the estate to pay those bills, while the remainder (such as lost earnings) is distributed to the widow/widower and dependent children.
Wrongful Death of an Adult Without Dependents (IC 34-23-1-2)
If the person who died was an unmarried adult with no dependents (or a married adult whose death was caused by their spouse), different rules apply. This specific scenario is strictly governed by the Adult Wrongful Death Statute (AWDS).
In these cases, parents or non-dependent children can still recover damages, but they must prove they had a “genuine, substantial, and ongoing relationship with the adult person” (IC 34-23-1-2(f)).
Furthermore, the state imposes strict limitations on financial recovery:
- No Lost Earnings: You cannot sue for the wages the deceased would have earned in the future (IC 34-23-1-2(g)).
- No Punitive Damages or Grief: Damages cannot be awarded for a person’s grief or to punish the defendant.
- The $300,000 Cap: Damages for the loss of the adult person’s love and companionship are strictly capped.
Indiana Code Quote (IC 34-23-1-2(e)):
“Aggregate damages that may be recovered under subsection (c)(3)(B) [loss of love and companionship] may not exceed three hundred thousand dollars ($300,000). A jury may not be advised of the monetary limits placed on damages under this subsection. If the jury awards the plaintiff damages under subsection (c)(3)(B) in an amount that exceeds three hundred thousand dollars ($300,000), the court shall reduce that part of the damages awarded to the plaintiff to three hundred thousand dollars ($300,000).”
Wrongful Death or Injury of a Child (IC 34-23-2)
The tragic loss of a child involves entirely different legal guidelines under Chapter 2. Unlike adult cases, the parents (jointly or the custodial parent) can maintain the action directly, rather than needing an estate’s personal representative.
Who is considered a “child” under Indiana law?
Indiana Code Quote (IC 34-23-2-1(b)):
“As used in this section, ‘child’ means an unmarried individual without dependents who is: (1) less than twenty (20) years of age; or (2) less than twenty-three (23) years of age and is enrolled in a postsecondary educational institution or a career and technical education school…”
Available Damages for the Loss of a Child
In addition to medical and funeral expenses, parents can recover damages for the loss of the child’s love and companionship. Recognizing the profound emotional trauma, the law also specifically allows recovery for:
“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” (IC 34-23-2-1(f)(3)(C)).
Survival of a Cause of Action: What if the Victim Dies from Other Causes? (IC 34-9-3)
Sometimes, a person is severely injured in an accident, files a personal injury lawsuit, but tragically dies before the trial is over from a completely unrelated cause (for example, they are injured in a car crash but die of a sudden heart attack a year later).
Under the common law of the past, the lawsuit would die with the plaintiff. However, Indiana’s Survival Statute (IC 34-9-3) allows the claim to continue so the at-fault party does not escape liability just because of tragic timing.
Indiana Code Quote (IC 34-9-3-4(b)):
“The personal representative of the decedent who was injured may maintain an action against the wrongdoer to recover all damages resulting before the date of death from those injuries that the decedent would have been entitled to recover had the decedent lived. The damages inure to the exclusive benefit of the decedent’s estate.”
This means the estate can still sue for the medical bills, pain and suffering, and lost wages that the victim experienced between the time of the accident and the time of their unrelated death.
Speak with an Indiana Wrongful Death Attorney
Navigating the Indiana Code during a time of immense grief is overwhelming. Insurance companies know that the 2-year statute of limitations limits your time to act, and they will try to minimize your family’s loss. You need a dedicated legal team to protect your rights, set up the estate, and fight for the maximum compensation allowed by law.
Official Legal Sources
To read the complete text of the Indiana Code regarding Wrongful Death (Title 34, Article 23) and Survival Actions (Title 34, Article 9), visit the official Indiana General Assembly website:
- IC 34-23: CAUSES OF ACTION: WRONGFUL DEATH
- IC 34-23-1: Wrongful Death Generally (Adults)
- IC 34-23-2: Wrongful Death or Injury of a Child
- IC 34-9-3: Survival of Cause of Action After Death of Party
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