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In Indiana, the rules do not operate like a single “wrongful death statute” that fits every loss. The law changes depending on whether the person who died was a child, a married adult with dependents, or an unmarried adult without dependents, and those categories can quietly reshape what damages are allowed, who receives them, and whether limits apply.
Christie Bell & Marshall helps families build these cases with the same discipline we bring to hard-fought injury litigation: early preservation, clean liability proof, and damages supported by records rather than assumptions. If your loss occurred in the Indianapolis area, our Indianapolis wrongful death lawyers can help you sort out which Indiana statute controls your claim, what compensation is realistically on the table, and what steps prevent insurers from defining the case before you have the evidence.
When a Death Becomes a “Wrongful Death” Under Indiana Law
A wrongful death claim exists when the death was caused by another party’s wrongful act or omission, meaning the person who died would have had a valid personal injury claim if they had survived. Indiana’s general rule is stated in Indiana Code § 34-23-1-1, which ties wrongful death to the same underlying concept as negligence claims: duty, breach, causation, and damages.
In plain terms, wrongful death cases often arise from:
- Motor vehicle and trucking collisions
- Dangerous property conditions and negligent security
- Medical negligence
- Defective products
- Workplace incidents involving third-party negligence
If you want a simple way to think about it: the case is not “about death” in the abstract. It is about proving what happened, why it happened, and what the loss cost the family financially and personally, using the legal categories Indiana allows under Indiana Code.
Who Can File the Wrongful Death Claim in Indiana
This is one of the first places families get tripped up. Indiana’s general wrongful death law places filing authority in the hands of the estate’s personal representative, not “any family member who wants to sue.” The personal representative rule appears directly in Indiana Code § 34-23-1-1, and it matters because insurers will challenge standing if the lawsuit is filed by the wrong person.
Practically, “personal representative” usually means:
- The executor named in a will, or
- A person appointed by the court if there is no will or no executor available
That appointment process establishes who has authority to gather records, hire counsel, sign releases, negotiate settlement, and formally bring the lawsuit.
Indiana Has More Than One Wrongful Death Framework
Indiana’s wrongful death rules are not one-size-fits-all. Most families are dealing with one of three statutory tracks, and each one changes the damages conversation.
General wrongful death statute
The general statute in Indiana Code § 34-23-1-1 is the baseline rule people often cite first. It includes core categories like reasonable medical and funeral expenses and lost earnings, and it is the statutory foundation many cases still rely on, especially when the decedent had dependents or a surviving spouse and the claim is not routed into a narrower statute.
Adult Wrongful Death Act
Indiana also has a separate rule set for certain adult decedents, commonly discussed as the Adult Wrongful Death Act, located at Indiana Code § 34-23-1-2. This statute is especially important when the person who died was an adult without a spouse or dependents, because it can limit what damages are recoverable and can restrict certain categories outright.
Child Wrongful Death Act
For children, Indiana uses a different statute entirely. The Child Wrongful Death Act is found in Indiana Code § 34-23-2-1 and it sets out who can bring the claim and what damages are recoverable in a child-loss case. The filing structure can differ from adult cases, and the damages categories reflect the law’s attempt to address the unique nature of losing a child.
The Deadlines That Determine Whether Your Claim Remains Viable
Most people have heard “two years,” but the risk is treating that like the only clock that matters.
The core two-year wrongful death filing deadline
Indiana’s general statute includes a two-year filing rule, and many claims also intersect with the general personal injury limitation period in Indiana Code § 34-11-2-4. If you miss the applicable deadline, the court can dismiss the case no matter how strong the evidence is.
Government entities change the deadline math
If the wrongful death involves a government vehicle, a public employee, or a dangerous road condition tied to a government duty, Indiana’s Tort Claims Act can trigger notice requirements that arrive far earlier than the standard two-year period. Those notice rules live in Indiana Code § 34-13-3-8, and missing them can cripple a case before it ever reaches the merits.
Proving Liability When the Defense Starts Building an Alternate Story
Wrongful death defense strategy usually begins with one goal: create a competing explanation that feels plausible enough to reduce value, even when the actual facts are stronger than they want to admit.
Common defense angles include:
- Blaming the decedent for part of the incident to reduce recovery under Indiana’s comparative fault system in Indiana Code § 34-51-2-5
- Arguing a medical cause or preexisting condition broke the causation chain
- Challenging the economic loss model by minimizing projected income, benefits, or household contributions
- Attacking damages as speculative when the family has not yet assembled records and support
One of the most common patterns in wrongful death consultations is a family trying to keep things calm by waiting, assuming the insurer will be fair once the paperwork is complete. In reality, insurers often treat the early stage as the moment to lock in their narrative, especially before the family has medical causation opinions, wage documentation, and the full incident record.
Christie Bell & Marshall attorneys often remind families that wrongful death litigation is built on proof, not sympathy: the strongest cases are the ones where the liability story is documented early and the damages are supported by records that are hard to dispute.
How Taxes Can Affect Parts of a Wrongful Death Recovery
Compensatory damages for medical expenses, funeral costs, and lost income are generally not taxable under IRS rules because they are meant to restore what the family lost, not provide income. Emotional distress damages tied to the wrongful death itself are also typically non-taxable.
Punitive damages, however, are usually taxable as income. If the jury awards punitive damages to punish the defendant’s conduct, the IRS treats that money differently than compensation for actual losses. Some families are caught off guard when they receive a settlement check and later face unexpected tax liability on the punitive portion.
How the settlement agreement labels each component matters. If the allocation between compensatory and punitive damages is unclear or if the insurer lumps everything into one payment without specifying categories, you may end up in a dispute with the IRS about what portion is taxable. This is one reason why settlement agreements need to be specific about what each dollar is paying for.
How Christie Bell & Marshall Can Help With an Indiana Wrongful Death Case
Wrongful death cases are not only emotionally difficult. They are procedurally demanding and strategically defended. Our role is to take on the burden that families should not have to carry while they are trying to survive a loss.
When you speak with Christie Bell & Marshall, we focus on the work that actually moves the case:
- Identifying which Indiana wrongful death statute governs the claim and what damages are legally available
- Securing evidence before it disappears and building a liability file that holds up under comparative fault arguments
- Documenting damages with employment records, medical causation support, and loss evidence that is persuasive in negotiation and trial
- Managing insurer communication so the case is not shaped by rushed statements or incomplete documentation
If you want to talk through how Indiana’s wrongful death rules apply to your situation, you can contact us to schedule a free consultation.
FAQs About Indiana Wrongful Death Laws
Who can file a wrongful death lawsuit in Indiana?
In many cases, the estate’s personal representative files the claim, as recognized in Indiana Code § 34-23-1-1. The correct filing party matters because standing challenges can delay or derail a case.
What if a city or county may be responsible?
Claims involving government entities can require rapid notice under Indiana Code § 34-13-3-8, even when the overall lawsuit deadline is longer. These cases should be evaluated early because missing notice can be case-ending.
Can the defense reduce compensation by blaming the person who died?
Yes. Indiana’s comparative fault framework in Indiana Code § 34-51-2-5 can reduce recovery if fault is assigned to the decedent, and it can bar recovery if fault reaches the statutory threshold.
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