Who Can File a Wrongful Death Lawsuit in Indiana?

In Indiana, wrongful death lawsuits must be filed in accordance with very specific requirements. For example, a claim seeking compensation for the death of an adult must be brought by a personal representative on behalf of the deceased person’s estate. By contrast, claims seeking compensation for the death of a child may be brought by the child’s parents or guardians.

The sudden and unexpected loss of a loved one can be among the most traumatic and destabilizing events in our lives. Of course, no amount of money can make up for the loss of someone held close to our hearts. However, if you have lost a loved one due to someone else’s actions, you may be entitled to legal compensation.

The Indiana wrongful death attorneys at the Truitt Law Offices are proud to provide compassionate legal representation as you grieve the loss of your loved one. We will make sure your case is properly filed and fight for the compensation you deserve. Call today for a free consultation.

What Is a Wrongful Death Lawsuit?

In Indiana, a wrongful death lawsuit is a legal action initiated after someone’s death due to another party’s wrongful act or omission. These lawsuits seek to compensate survivors for the losses resulting from their loved one’s death, such as their final medical expenses, funeral costs, and the loss of their income, love, and companionship. The purpose of a wrongful death lawsuit is to hold the at-fault party accountable for their negligence and provide financial support to the victim’s survivors.

In a wrongful death lawsuit, the plaintiff must prove that their loved one’s death directly resulted from the defendant’s negligent action, inaction, or intentional action. They must also prove that the decedent’s survivors have suffered actual harm as a result of their loved one’s death. Recovering financial compensation cannot bring back someone who passed away unexpectedly due to someone else’s fault. However, it helps their survivors manage the financial challenges resulting from the loss and can provide a sense of justice and closure.

Who Can Bring a Wrongful Death Lawsuit?

Who has the right to bring a wrongful death claim or file a lawsuit in Indiana depends on whether the decedent was a child or an adult.

Wrongful Death of an Adult

Indiana law specifies that only the personal representative of the decedent’s estate is entitled to file a wrongful death lawsuit. This person, also called an executor, is typically named in the decedent’s will. If your loved one didn’t have a valid will, the court will appoint someone to serve in this important role. This person will typically have a close relationship to the decedent. They will act on behalf of the estate and the surviving family members to pursue compensation for losses resulting from your loved one’s death.

Wrongful Death of a Child

Wrongful death cases involving a deceased child are handled differently. Under Indiana law, only their parents or guardians may file a wrongful death lawsuit to recover compensation for their tragic loss. If the child’s parents are divorced, only the parent with legal custody may file a wrongful death lawsuit. For the purposes of this law, a child is an unmarried individual without dependents who is either under 20 years old or under 23 years old and enrolled in a postsecondary educational institution or career education school or program.

How Is the Compensation for a Wrongful Death Distributed?

In Indiana, the distribution of compensation from a wrongful death lawsuit depends on the relationship between the deceased and the beneficiaries. The awarded compensation is typically divided into two categories:

• Estate – Compensation for the estate covers expenses such as funeral and burial costs, medical bills related to the decedent’s final injury or illness, and the costs of administering the estate. This compensation is paid to the estate and then distributed according to the deceased’s will or, in the absence of a will, according to Indiana’s intestate succession laws.
• Beneficiaries – Compensation for the beneficiaries includes payment for the loss of their loved one’s financial support and companionship. This compensation is paid directly to the surviving spouse and children, if any, followed by any other dependent next of kin.

How Do You Prove a Wrongful Death Claim?

Proving a wrongful death claim involves establishing several key elements to demonstrate that the defendant directly caused your loved one’s death. The burden of proof is on the plaintiff, who must present compelling evidence to support their case. Here are the essential elements your wrongful death lawyer must prove:

• Duty of Care – Your lawyer must show that the at-fault party owed your loved one a duty of care. This duty varies depending on the circumstances. For example, a doctor owes a duty to their patients, and drivers owe a duty to other road users to obey traffic laws and drive safely.
• Breach of Duty – The defendant must have breached this duty of care through their actions or failure to act. This breach can include negligence, recklessness, or intentional misconduct. Evidence such as documentation and testimony from eyewitnesses and experts can help establish this breach.
• Causation – You must also prove that the defendant’s breach of duty directly caused the death. This involves demonstrating a clear link between the defendant’s actions and the fatal outcome. Medical records, autopsy reports, and expert testimony are crucial in establishing causation.
• Actual Losses – Finally, your lawyer must demonstrate that the surviving family members suffered specific losses due to the wrongful death. These can include financial losses, such as loss of income and medical expenses, and loss of companionship. Documentation of these damages, including financial records and personal testimonies, strengthens the claim.

In addition to these elements, it’s essential to gather as much evidence as possible, including photographs, video footage, and any other relevant documentation. An experienced wrongful death attorney can help collect evidence, build a strong case, and manage the legal processes involved in proving a wrongful death claim.

Are There Caps on Wrongful Death Claims?

In most cases, Indiana does not limit the amount of compensation a plaintiff may recover in a wrongful death case. However, there are caps on wrongful death compensation in some circumstances. For example, a plaintiff who lost an unmarried adult loved one without dependents may not recover more than $300,000 for the loss of their love and companionship. Cases involving medical malpractice have caps of $1.8 million, while cases involving negligence on the government’s part have caps of $700,000.

An experienced Indiana wrongful death attorney can review your case and determine whether any of these caps apply. They will fight for the full compensation you’re entitled to under Indiana law.

What Are the Top Causes of a Wrongful Death Lawsuit?

The common denominator in wrongful death cases is simply that the deceased’s untimely death was caused by someone else’s wrongful actions. Beyond this shared feature, wrongful death cases are a diverse category. Some accident types that commonly result in wrongful death cases include:

• Vehicle accidents
• Criminal assaults
• Slip-and-fall accidents
• Defective products
• Medical malpractice
• Workplace injuries

What are the Steps in an Indiana Wrongful Death Lawsuit?

The steps in handling a wrongful death lawsuit are similar to those in most other personal injury cases. In most cases, your first step should be finding an attorney experienced in handling wrongful deaths. Subsequent steps in most wrongful death cases include:

• Gathering Evidence – As with any personal injury case, you will need evidence to establish an at-fault party’s liability. In a wrongful death suit, this may include an autopsy report, medical records, witness interviews, surveillance footage, accident reconstructions, and more.
• Determining Liability – An obvious but critical step in any wrongful death case is establishing the at-fault party’s culpability. In other words, you must prove that the at-fault party’s negligent, reckless, or intentional actions caused your loved one’s death. There may be more than one at-fault party depending on the case.
• Assessing the Case Value – In addition to evidence of the accident itself, you will also need evidence establishing a monetary value of your loss. Of course, no amount of money can truly compensate for the loss of a loved one. However, there are many factors that may influence the total amount of legal compensation you receive. These may include the medical treatment your loved one received prior to death, the income your family has lost, the value of the household services your deceased loved one provided, and others.
• Negotiating a Settlement – Trial can be costly, time-consuming, and unpredictable. Therefore, reaching an out-of-court settlement can be beneficial to all parties involved in your case. Your attorney can be your closest ally in negotiating a reasonable settlement and making sure you are not taken advantage of.
• Going to trial – In some cases, it is impossible to reach a settlement through negotiation. When negotiation fails, the only way to get full and fair compensation is through a trial in court. At this point, it is very important to consult with an attorney experienced in handling these proceedings.

A wrongful death lawsuit can be complicated, and it may take months to reach a verdict and even a satisfactory out-of-court settlement. Because wrongful death suits can be time-consuming, it is best to have an attorney evaluate your case sooner than later. Our attorneys have handled many wrongful death cases and are ready to handle yours.

What Sort of Compensation is Available in a Wrongful Death Lawsuit in Indiana?

The compensation you could be owed under Indiana law depends on a number of factors. These include the age of the deceased individual, their marital status, and their number of dependents.

Compensation for Death of a Child. If the deceased person was a child, their parents may be owed compensation for:

• Funeral and burial costs
• Expenses associated with the child’s healthcare, hospitalization, outstanding debt, and estate administration
• Loss of the child’s services
• Loss of love and companionship
• Grief counseling for the parents and any other minor children

Indiana’s wrongful death statute defines “child” as (1) anyone under twenty years old or (2) anyone under twenty-three years old if enrolled in a postsecondary educational institution. Damages for the wrongful death of a child are not capped.

Compensation for Death of an Unmarried Adult with No Dependents. If the deceased person is an unmarried adult with no dependents, compensation could cover:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of love and companionship ($300,000 cap)

Compensation for Death of an Adult Who Is Married and/or Has Dependents. If the deceased person has a surviving spouse or dependents, they may recover compensation for:

• Funeral and burial expenses
• Medical and hospital expenses
• Loss of the deceased’s future earnings
• Loss of the deceased’s love, affection, training, care, and guidance

Is There a Time Limit for Filing a Wrongful Death Lawsuit in Indiana?

Like any other personal injury case, wrongful death actions are governed by a statute of limitations. In Indiana, the statute of limitations is set at two years from the date of the death. In nearly all cases, failure to file your case before this deadline will result in your case being dismissed in court, thereby eliminating your chance to secure legal compensation for the loss of your loved one.

Avoid this result by speaking with a wrongful death attorney as soon as possible. The injury attorneys at the Truitt Law Offices are ready to evaluate your cases and strategize your path toward maximum compensation.

Contact an Indiana Wrongful Death Lawyer Today

At the Truitt Law Offices, we understand how traumatic and painful the loss of a loved one can be in the lives of our clients and their families. If you have lost someone close to you in a wrongful death, our attorneys are here to help you understand your rights and fight for the maximum compensation allowed under the law. Contact us today for a free consultation.

Visit Our Indiana Wrongful Death Lawsuit Law Offices