Wrongful Death Claims in Indiana: Who Can File and What Compensation Is Available?
Losing a loved one is always devastating, but when the death occurs due to someone else’s negligence or wrongdoing, it can be even more difficult to process. In Indiana, families who have lost a loved one due to another party’s negligent or intentional actions may be able to seek justice through a wrongful death claim.
These claims can help provide financial relief and hold responsible parties accountable. Consult an Indianapolis wrongful death attorney to understand who can file a wrongful death lawsuit and what compensation is available.
Who Can File a Wrongful Death Lawsuit in Indiana?
Under Indiana law, a wrongful death occurs when a person dies due to the negligence, recklessness, or intentional misconduct of another party. The right to bring a wrongful death claim depends on the status of the deceased.
For adult individuals, Indiana law requires that the wrongful death lawsuit be filed by the personal representative of the deceased’s estate. This is typically a person named in the decedent’s will or appointed by the court if no will exists. While the personal representative initiates the lawsuit, the claim is filed on behalf of the deceased’s surviving family members, such as a spouse, children, or dependents.
For children, Indiana law defines a child as someone under the age of 20, or under the age of 23 if enrolled in college or technical school. In these cases, the parents or legal guardians of the child can bring a wrongful death lawsuit.
For unmarried adults without dependents, Indiana law places limits on who can file a claim. Generally, the estate of the deceased may seek compensation for medical and funeral expenses, but non-dependent parents or siblings typically cannot recover damages for grief or lost companionship.
What Compensation Is Available in an Indiana Wrongful Death Case?
Wrongful death claims serve two primary purposes: compensating the surviving family members for their losses and holding the responsible party accountable for their actions. The types of damages available depend on the circumstances of the case and the status of the deceased.
Economic Damages
Economic damages are intended to compensate for the financial losses suffered by the family due to the wrongful death. These can include:
- Medical Expenses: Any costs incurred for medical treatment before the deceased passed away.
- Funeral and Burial Costs: Reasonable expenses associated with laying the deceased to rest.
- Lost Income: Compensation for wages the deceased would have earned if they had lived, including future earnings and lost benefits.
- Loss of Household Services: Compensation for tasks the deceased would have performed, such as childcare, home maintenance, or caregiving.
Non-Economic Damages
Non-economic damages address the emotional and intangible losses suffered by the family. These include:
- Loss of Love and Companionship: Compensation for the emotional support, affection, and guidance the deceased provided to their loved ones.
- Pain and Suffering of Survivors: In cases involving a surviving spouse or dependent children, compensation may be awarded for the grief and emotional distress they experience.
Indiana law, however, places damage caps on certain types of wrongful death claims. For example, if the deceased was an unmarried adult without dependents, non-economic damages such as loss of companionship may be capped or unavailable.
Punitive Damages
In rare cases, punitive damages may be awarded. These are not intended to compensate the family but rather to punish the at-fault party for particularly reckless or intentional wrongdoing. Indiana law places strict limitations on punitive damages, making them less common in wrongful death cases.
Statute of Limitations for Wrongful Death Claims in Indiana
Time is of the essence when filing a wrongful death claim. In Indiana, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of death. Failing to file within this timeframe can result in the loss of the right to seek compensation. However, certain exceptions may apply, such as in cases involving government entities or delayed discovery of wrongdoing.
Proving a Wrongful Death Claim
To succeed in a wrongful death claim, the plaintiff must establish:
- Duty of Care: The defendant had a legal obligation to act responsibly.
- Breach of Duty: The defendant failed to meet this obligation through negligence or intentional misconduct.
- Causation: The breach directly led to the death of the victim.
- Damages: The surviving family members suffered financial or emotional losses due to the death.
Evidence such as medical records, accident reports, witness statements, and expert testimony can all play a role in proving these elements.
Contact Lee Cossell & Feagley, LLP
If you have lost a loved one due to someone else’s negligence or wrongful actions, you do not have to face this difficult process alone. At Lee Cossell & Feagley, LLP, we understand the profound impact of losing a family member and are committed to helping families seek justice and compensation. Our experienced wrongful death attorneys will guide you through every step of the legal process and fight for the compensation you deserve. Contact Lee Cossell & Feagley, LLP today to schedule a consultation and learn how we can assist you during this challenging time.
