Attorneys reviewing Indiana wrongful death cases
On this page
- Key Indiana rules
- Who files an Indiana wrongful death claim?
- Why does it matter whether the person was a child or an adult?
- What deadlines apply to an Indiana wrongful death claim?
- How does fault affect the family's recovery?
- How is the civil case different from a criminal prosecution?
- What kinds of deaths lead to Indiana claims?
- Common wrongful death cases
- Attorneys reviewing these cases
- Frequently Asked Questions
Key Indiana rules for wrongful death claims
- Wrongful death filing deadline
- 2 years
- Fault rule
- Modified comparative fault (51% bar)Your award is reduced by your share of fault, and you cannot recover anything if you are found more than 50% at fault (51% or more).
- Claims against a government entity
- Shorter notice deadlineTort claim notice is generally due within 180 days for political subdivisions and 270 days for the state.
Who files an Indiana wrongful death claim?
The personal representative of the person's estate files the claim. If no personal representative has been appointed, one must be named by a court, usually a family member.
The personal representative acts for the family members the law protects. The recovery is then distributed to those family members, and some categories of damages, such as funeral costs, may go to the estate or to whoever paid them. The personal representative owes duties to every family member who may share in the recovery, and when minor children are involved, a court often must approve any settlement and how it is divided.
Why does it matter whether the person was a child or an adult?
Indiana has separate rules for different situations, and the rules affect what the family can recover.
- When an adult with a spouse or dependents dies, the family can generally recover lost financial support, lost services and the loss of love and companionship, along with funeral and medical costs.
- When an adult without a spouse or dependent children dies, a separate set of rules applies, and some damages are limited.
- When a child dies, parents can recover under another set of rules, which focus on the loss of the child's love and companionship and the costs of care and burial.
Because these rules differ, the first step in any Indiana wrongful death case is to determine which one applies. Our general wrongful death guide explains these damages in broader terms.
What deadlines apply to an Indiana wrongful death claim?
Generally 2 years from the death. That deadline does not pause while a criminal case or investigation is pending.
Other deadlines can arrive much sooner. If a city, county, school or state vehicle or property was involved, a tort claim notice is due within 180 days for local governments and 270 days for the state. If the death followed medical care, the malpractice rules apply, including the review panel process. Our Indiana medical malpractice page explains that process.
How does fault affect the family's recovery?
The family's recovery is reduced by any share of fault assigned to the person who died, and it is barred if that share is more than 50%. Against a government defendant, even a small share of fault can be raised as a complete defense.
Here is an example. A father of two is killed when a delivery truck runs a stop sign on a county road. The family's damages are valued at $1,500,000. The trucking company argues the father was speeding. If a jury assigns 20% of the fault to him, the family recovers $1,200,000. At 50%, it recovers $750,000. At 51%, it recovers nothing.
Vehicle data, skid marks, witness statements and video often decide that split.
How is the civil case different from a criminal prosecution?
A criminal case is brought by the state to punish the person responsible. A civil wrongful death case is brought by the personal representative to recover compensation for the family.
The civil case uses a lower burden of proof, so a family can win even without a criminal conviction. A conviction can help, but waiting for it can risk the 2-year deadline. In many cases, both move forward at the same time. Evidence from the criminal investigation, such as police reports and crash reconstruction, can often help the civil case. Families may also ask for restitution in the criminal case, but restitution rarely covers the full loss.
What kinds of deaths lead to Indiana claims?
Many Indiana wrongful death claims arise from:
- Truck and car crashes on interstates and rural roads. See our Indiana truck accident page.
- Factory, warehouse, steel mill and construction accidents.
- Farm accidents, including grain bin and equipment deaths.
- Medical errors and nursing home neglect.
- Falls, fires and unsafe conditions in apartments and businesses.
If the person who died was working, workers' compensation death benefits usually apply against the employer, but a separate claim may exist against another company or driver.
Steps a family can take now
- Keep the death certificate, police report and medical records.
- Do not give recorded statements to any insurance company.
- Gather pay stubs, tax returns and benefits statements.
- Save photos and letters that show the person's role in the family.
- Ask about opening an estate if no personal representative has been named.
For other deadlines, see our main Indiana page. Our team offers a free case review, and there is no fee unless we win.
Attorneys reviewing Indiana wrongful death cases
Frequently Asked Questions
Can parents bring a wrongful death claim for an adult child in Indiana?
Sometimes. If the adult child had no spouse or dependent children, Indiana's rules for adults without dependents may apply, and parents may be among those who can benefit. Some damages are limited under those rules. The personal representative brings the claim, so the first step is often opening an estate and naming that representative.
What damages are available when a child dies in Indiana?
Indiana has specific rules for the death of a child. Parents can generally recover for the loss of the child's love and companionship, along with medical, funeral and burial costs and the cost of counseling for the family. The rules define who counts as a child and which family members can benefit, so they should be reviewed early.
Does a criminal conviction help an Indiana wrongful death case?
It can. A conviction may be used as evidence in the civil case, and the investigation often produces useful records. But a civil case does not require a conviction, and families can win even if the criminal case ends without one. The 2-year civil deadline keeps running during the criminal case, so families should not wait.
Who receives the money from an Indiana wrongful death settlement?
It depends on which Indiana rule applies. Generally, the recovery goes to the surviving spouse, dependent children or other dependents, while funeral and medical costs may be paid to the estate or to whoever covered them. A court may need to approve the settlement and its division, especially when children are involved.
General information, not legal advice; laws change — confirm your deadline with an attorney. Last reviewed . Reading this page does not create an attorney-client relationship. Prior results do not guarantee a similar outcome.
