Understanding Wrongful Death Claims Under Indiana Law

When a loved one dies because of someone else’s negligence, families are left to grieve while
also facing real financial uncertainty. Indiana law provides a path to seek accountability and
compensation in these situations, but navigating it requires understanding which rules apply to
your family’s circumstances. Here is an overview of how wrongful death claims work in Indiana.

What Is “Wrongful Death” in Indiana?

A wrongful death claim arises when a person dies as a result of another party’s wrongful act or
omission, such as a car crash, unsafe premises, medical negligence, or other careless conduct.
Indiana’s General Wrongful Death Statute allows the personal representative of the deceased
person’s estate to pursue the same legal claim the person could have brought had they survived.

Indiana has three separate wrongful death statutes:

• General Wrongful Death Statute (GWDS): Indiana Code § 34-23-1-1.
• Adult Wrongful Death Statute (AWDS): Indiana Code § 34-23-1-2 (applies to
unmarried adults without dependents, and certain married adults without dependents).
• Child Wrongful Death Statute (CWDS): Indiana Code § 34-23-2-1 (applies to the
death of a child).

Which statute applies depends on the age, marital status, and dependency situation of the person
who passed away.

Who Can File, and What Can Be Recovered?

In most adult cases, only the personal representative of the estate — not individual family
members — has standing to file the wrongful death lawsuit. Courts then determine how
approved settlements or verdicts are distributed to surviving spouses, children, or other
dependents under the applicable statute.

Depending on the statute and the facts of the case, recoverable damages may include:

• Medical, hospital, funeral, and burial expenses.
• Lost earnings the deceased would have provided.
• Loss of the deceased’s love, care, and companionship (subject to statutory limits in some
adult cases).

Indiana generally does not allow punitive damages or damages for grief under the Adult
Wrongful Death Statute. Some categories of damages are also capped in limited situations — for
example, for certain unmarried adults without dependents, or in deaths involving medical
malpractice or government entities.

Deadlines and Next Steps

Most Indiana wrongful death claims must be filed within two years of the date of death. That
window can be shorter or more complicated in cases involving medical providers or government
entities. Because these cases turn on specific statutes, strict time limits, and individual family
circumstances, speaking with an attorney as early as possible is the best way to protect your
rights and preserve evidence.

If you have questions about a potential wrongful death claim, please call (317) 825-5110 to
speak with one of our experienced attorneys.

This McNeelyLaw LLP publication should not be construed as legal advice or legal opinion on
any specific facts or circumstances. The contents are intended for general informational
purposes only, and you are urged to consult your own attorney on any specific legal questions
you may have concerning your situation.