Losing a loved one is devastating. When that loss is caused by someone else’s careless or wrongful actions, the emotional toll can be overwhelming. At Team Green Law, our Indianapolis wrongful death attorneys understand the need to hold someone accountable and to protect your family financially. One of the most common questions families ask us is whether a wrongful death claim is an option for them here in Indiana.
Indiana law places specific limits on who may bring a wrongful death lawsuit and how compensation is pursued. We’re here to assist you in understanding these laws, who can file a claim, and what compensation is available. When you’re ready, we’re here to guide you through the process.
What is a Wrongful Death Claim?
A wrongful death claim arises when a person dies due to the negligent or wrongful act of another party. These cases often stem from:
- Car and truck accidents
- Workplace accidents
- Medical negligence
- Slip and fall injuries
- Defective products
- Acts of violence
While no lawsuit can replace a loved one, Indiana’s wrongful death laws allow certain family members to seek compensation for financial losses and the impact the death has had on their lives.
Who Can File a Wrongful Death Claim in Indiana?
The person who files a wrongful death claim and the person or people who receive the benefits can be different. In Indiana, wrongful death claims are generally filed by a personal representative of the deceased person’s estate.
For many people, “personal representative” is a term they aren’t familiar with. A personal representative is an individual who acts on behalf of eligible beneficiaries. This means they are the person pursuing the wrongful death claim in the court system. The personal representative is usually named in the deceased person’s will or appointed by the probate court if no will exists
Who Can Recover Benefits in a Wrongful Death Claim?
Who can receive compensation in a wrongful death claim depends on a few different factors. These include the age of the deceased and whether the deceased was married at the time of their death. In Indiana, there are separate wrongful death laws, including the Indiana Child Wrongful Death Act, in addition to the general statute. The law that applies will dictate who can recover damages in the case and what type of damages are available to pursue.
Who Receives Damages for the Wrongful Death of an Adult?
Under Indiana law, only a personal representative can file a wrongful death claim for a deceased adult. This is different from other states where family members can file a lawsuit directly. The personal representative is usually the executor of the will, though a court will appoint one if the deceased did not leave a will.
Even though the personal representative is the only one who can file the case, they do so for the benefit of the deceased person’s surviving family members or their estate. The recovery from this type of claim will become part of the deceased person’s estate and will be distributed according to the individual’s will or Indiana’s intestate succession laws, if the deceased didn’t have a will at the time of their death.
Specifically, if the deceased was married or had children at the time of death, Indiana law provides that the surviving spouse or surviving children should recover damages for their losses through the personal representative’s claim.
The type of damages recoverable in an adult wrongful death case includes:
- Medical expenses
- Funeral and burial expenses
- Loss of financial support
- Loss of services
- Loss of love and companionship
Who Receives Damages Under the Child Wrongful Death Act?
Indiana law treats the wrongful death of a child differently from that of an adult. Under Indiana law, a “child” is defined as an unmarried person under 20 years of age or someone under 23 attending a postsecondary educational institution.
Different parties may pursue a wrongful death claim for the death of a child, depending on the situation. The parents can file, either together or one parent alone. For divorced parents, the primary custodial parent generally has the right to file. If the child has a legal guardian with custodial rights due to the death of parents or loss of parental rights, then the guardian can pursue the claim.
Unlike adult wrongful death claims, child wrongful death damages are not based on dependency. Instead, the law recognizes the unique losses suffered by parents when they lose a child.
Recoverable damages may include:
- Medical expenses related to the child’s final injury
- Funeral and burial expenses
- Loss of the child’s love and companionship
- Loss of the child’s services
- Uninsured debts of the child
- Expenses related to pain and suffering
Time Limits for Filing a Wrongful Death Claim
Indiana has a two-year statute of limitations for most wrongful death claims. This deadline typically begins on the date of death. Grieving a loved one can be all-consuming, but it’s important to file a claim promptly. Failing to file within the timeframe can permanently bar an eligible party from recovery.
Why Legal Representation is Important in Wrongful Death Claims
An experienced attorney helps ensure a wrongful death claim is handled carefully from the beginning and proceeds in a way that protects the family’s legal rights. This includes managing the legal details that often arise during an already difficult time, such as:
- Identifying the proper party with legal authority to file the claim
- Preserving and gathering critical evidence before it is lost
- Coordinating the wrongful death claim with any related probate matters
- Presenting the full scope of the family’s losses clearly and accurately
Contact a Team Green Law Wrongful Death Lawyer
Understanding who has the legal right to file a wrongful death claim in Indiana is essential to protecting your family’s interests. At Team Green Law, we help families navigate these complex legal distinctions with care, clarity, and respect. If you have questions about the wrongful death claim process in Indiana, contact our office for a free consultation.
