Who can bring an Indiana wrongful death claim?

If the wrongful death victim was an adult, the personal representative of the victim’s estate must bring the claim. A court appoints a personal representative, who is typically a surviving family member. The “beneficiaries” who may recover in a wrongful death claim include the victim’s surviving spouse, children or other dependents.

If the victim was a child, the victim’s parents may bring the claim either jointly or individually if they are married. If the parents are not married, the custodial parent may bring the claim. If the child’s parents are dead, or if they have lost their parental rights, then the child’s guardian may bring the claim.