Wrongful Death in Indiana
If you were injured in an Indiana wrongful death, you have legal rights and deadlines to protect.
What you should know
Indiana's wrongful death statute (IC 34-23-1-1) gives the estate two years from the date of death to file.
What typically causes them
- Fatal motor vehicle accidents
- Medical malpractice and surgical errors
- Workplace accidents and industrial incidents
- Defective products and dangerous drugs
- Premises liability and dangerous property conditions
- Nursing home abuse and neglect
- Intentional acts and criminal violence
Injuries we see
- Traumatic fatal injuries
- Fatal internal bleeding
- Severe head trauma resulting in death
- Fatal burns and smoke inhalation
- Wrongful death from medical complications
- Fatal occupational diseases
- Death from sustained injuries
Steps to take after a wrongful death
- 1
Contact law enforcement immediately if the death occurred due to accident, violence, or suspicious circumstances.
- 2
Preserve all evidence related to the incident that caused the death, including photographs, documents, and physical items.
- 3
Obtain copies of the death certificate, autopsy report, police reports, and any incident reports from involved parties.
- 4
Document the deceased's relationship to family members, financial contributions, and role in the household.
- 5
Gather financial records showing the deceased's income, benefits, and support provided to dependents.
- 6
Consult with an experienced wrongful death attorney promptly to preserve evidence and protect your legal rights.
Indiana's wrongful death statute, IC 34-23-1-1, allows the personal representative of the deceased's estate to bring claims on behalf of specified beneficiaries: the surviving spouse, dependent children, dependent next of kin, or the estate itself if no dependents exist. Only one wrongful death action may be filed, and it must include all proper beneficiaries. IC 34-23-2-1 governs actions for the death of adult children. The claim must prove that the defendant's negligence, recklessness, or intentional conduct caused the death and that damages resulted. Unlike the deceased's survival claim under IC 34-9-3-1, which compensates the estate for the decedent's pre-death pain and medical expenses, wrongful death claims compensate survivors for their losses. IC 34-51-2-6 comparative fault may reduce recovery if the deceased was partially responsible. The personal representative must be appointed through probate court under IC 29-1-10-1 before filing suit.
Wrongful death damages in Indiana under IC 34-23-1-1 include medical and funeral expenses, loss of the deceased's earnings and benefits, loss of love and companionship, and the value of services the deceased provided. Damages are distributed to the surviving spouse and dependent children, or if none exist, to dependent next of kin or the estate. Lost earnings calculations consider the deceased's age, health, earning capacity, and work-life expectancy. Loss of love, companionship, and guidance are significant components, particularly when the deceased was a parent. There are no statutory caps on wrongful death damages in Indiana. Punitive damages may be available under Indiana common law when the death resulted from gross negligence or intentional misconduct. Survival action damages under IC 34-9-3-1 compensate for the deceased's conscious pain and suffering before death.
IC 34-11-2-4 establishes a two-year statute of limitations for wrongful death claims, running from the date of death (not the date of the underlying incident if death occurred later). This deadline is strictly enforced and missing it bars the claim permanently.
Don't let an Indiana wrongful death ruin your future.
The clock is ticking on Indiana's 2-year statute of limitations. Get a free, no-obligation case review now.