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Indiana’s wrongful death laws don’t work the way most people expect. Unfortunately, you can’t just file a lawsuit because your spouse, parent, or child died due to someone else’s negligence. The state has three completely different wrongful death statutes, each with different rules about who can sue, what damages are available, and how much you can recover.
This complexity catches grieving families off guard at the worst possible time. We’ve worked with families who came to us 20 months after losing a loved one, only to discover they needed a personal representative appointed before they could even file a claim. The two-year deadline was approaching fast, and they hadn’t yet begun the legal process. Others learned that while their loved one had no dependents, Indiana law severely limits what recovery is available to non-dependent family members.
We know that losing someone you love is devastating. And when that loss happens because of someone else’s negligence, you deserve to understand your legal rights and options. Our Indiana wrongful death lawyers explain who has the right to file these claims in Indiana, what compensation the law allows, and why understanding which of Indiana’s three wrongful death statutes applies to your situation matters so much for your case.
Who Can File a Wrongful Death Lawsuit in Indiana
Indiana’s rules are stricter than most states. A grieving spouse, parent, or child cannot file a wrongful death lawsuit directly in their own name. Only one person has legal standing: the personal representative of the deceased’s estate.
If your loved one had a will, the personal representative is whoever they named as executor. If there’s no will, which is common when someone dies unexpectedly, the family must petition an Indiana probate court to appoint someone. This process takes time. Opening an estate, getting appointed as personal representative, and obtaining the legal authority to file a wrongful death claim can take weeks or months.
This procedural requirement surprises families who assume they can simply hold the responsible party accountable. The personal representative files on behalf of the estate and for the benefit of qualifying family members, but families must navigate the probate system first.
Indiana’s Three Different Wrongful Death Statutes
Indiana has three separate wrongful death laws, and which one applies to your case determines who receives compensation, what damages are available, and whether caps limit recovery.
General Wrongful Death Act
IC § 34-23-1-1 applies when the deceased had dependents: a spouse, dependent children, or dependent next of kin like dependent parents. This statute allows recovery of medical and funeral expenses, lost earnings the deceased would have provided to dependents, and other damages. Compensation goes to the spouse and dependent children.
Adult Wrongful Death Statute
IC § 34-23-1-2 applies when an unmarried adult without dependents dies. Their non-dependent parents or non-dependent adult children can receive compensation, but there’s a $300,000 cap on damages for loss of love and companionship. The statute also excludes recovery for lost earnings.
Child Wrongful Death Statute
IC § 34-23-2-1 applies when an unmarried person under 20 dies, or under 23 if they’re enrolled in college. Parents can recover medical and funeral expenses, loss of the child’s services, loss of the child’s love and companionship, and reasonable expenses for psychiatric counseling. There is no cap on these damages.
What Damages Indiana Law Allows
Indiana’s wrongful death statutes specify what types of compensation families can recover.
Economic Damages
Medical expenses incurred before death, including hospital bills, emergency treatment, surgery, and ICU stays, are paid directly to the estate to satisfy these debts.
Funeral and burial expenses are also paid to the estate. The law allows “reasonable” expenses, though what qualifies as reasonable can sometimes be disputed.
Lost earnings are available only when the deceased had dependents. If your spouse died and you relied on their income, you can recover the earnings they would have provided throughout their expected working life. However, if your adult child was financially independent, you cannot recover for their lost earning capacity even if they might have eventually supported you.
Non-Economic Damages
Loss of love and companionship compensates for losing the deceased’s affection, guidance, comfort, and emotional support. For spouses and dependent children, this addresses the profound impact of losing a loved one’s presence in daily life.
Loss of services covers household contributions like childcare, home maintenance, cooking, and financial management the deceased provided.
What You Cannot Recover
Indiana law prohibits certain damages:
- Grief and mental anguish of survivors cannot be compensated directly in most cases
- Punitive damages are not available in wrongful death cases, even for particularly egregious conduct
- Lost earnings when the deceased had no dependents
The Child Wrongful Death Statute includes one important exception: parents can recover reasonable expenses for psychiatric and psychological counseling they need after losing their child.
Survival Actions: A Separate Claim Families Should Know About
Indiana allows a second, separate legal claim called a “survival action” under IC § 34-9-3-1. This compensates for what the deceased experienced between the injury and death:
- Pain and suffering the deceased experienced before passing
- Medical expenses incurred before death
- Lost wages from injury until death
- Emotional distress the deceased suffered
These damages go to the estate and are distributed according to the will or intestate succession laws.
If your loved one survived for days or weeks after an accident before passing from injuries, the survival action compensates their suffering during that time. If death occurred immediately, there may be no survival action because no compensable harm occurred before death.
Families can pursue both a wrongful death claim and a survival action simultaneously. The wrongful death claim compensates survivors for their losses. The survival action compensates the deceased for what they endured. Different damages, different beneficiaries, both arising from the same wrongful act.
The Two-Year Deadline for Filing Wrongful Death Claims in Indiana
Indiana Code § 34-23-1-1 gives you two years from the date of death to file a wrongful death lawsuit. The Indiana Supreme Court strictly enforces this deadline. Unlike some personal injury cases where courts apply equitable exceptions, wrongful death cases receive almost no flexibility. The only recognized exception is fraudulent concealment, where the defendant actively deceived you to prevent discovery of their liability, and that’s extremely rare.
Two years may seem like sufficient time when you’re dealing with immediate grief and practical matters. However, the reality is different:
In the first few months, you’re handling funeral arrangements, notifying agencies, managing financial accounts, and coping with acute grief. By month six, you’re discovering the full financial impact. Only later do most families have the emotional capacity to consider legal action. By then, you still need to open an estate, appoint a personal representative, find an attorney, and allow time for proper investigation and case preparation.
We’ve worked with families who contacted us with only weeks remaining before the deadline, leaving insufficient time to properly investigate and prepare their case. Starting early protects your rights and ensures your attorney has adequate time to build a strong claim.
Get Compassionate Legal Help – How Our Wrongful Death Lawyers Can Help in Indiana
Losing someone you love is one of life’s most painful experiences. When that loss results from another person’s or company’s negligence, you deserve justice and fair compensation for your family.
At Christie Bell & Marshall, we’ve represented families in wrongful death cases throughout Indiana for decades. We understand the emotional weight you’re carrying and handle every aspect of your case with compassion and professionalism. We know which of Indiana’s statutes apply to your situation, how to pursue all available damages, and how to navigate the legal process while you focus on healing.
We work on contingency, which means you pay no attorney fees unless we recover compensation for your family. Contact us today for a confidential consultation about your potential wrongful death claim. We’ll explain your rights, evaluate your case, and help you understand your legal options during this difficult time.
Call 317-488-5500 or complete a Free Case Evaluation form