Wrongful Death
What is Wrongful Death?
Wrongful death occurs when a person dies because of another party’s negligence, recklessness, or intentional act — and the person would have had a valid personal injury claim if they had survived. In Indiana, wrongful death is governed by statute rather than common law, which means the law defines who may file, what losses can be recovered, and how long a family has to act.
Losing a loved one is devastating, and dealing with legal questions at the same time can feel overwhelming. An Indianapolis wrongful death lawyer at Powless Law can review what happened, explain which Indiana statute applies to your family, and help you understand your options.
Do You Need a Wrongful Death Lawyer in Indianapolis, IN?
Indianapolis, IN Wrongful Death Law Firm. Compassionate Representation. Proven Results.
Common Causes of Wrongful Death in Indiana
Wrongful death claims can arise from nearly any situation where negligence causes a fatal injury. Cases we frequently see include:
- Medical malpractice — a missed or delayed diagnosis, surgical error, medication mistake, or failure to monitor a patient
- Car, truck, and motorcycle accidents — including crashes caused by distracted, impaired, or commercial drivers
- Birth-related deaths — the loss of a mother or infant during labor and delivery due to provider negligence
- Nursing home neglect — untreated pressure sores, falls, dehydration, malnutrition, or medication errors in long-term care facilities
- Pedestrian and bicycle accidents
- Workplace and construction accidents involving third parties other than the employer
- Defective products or dangerous premises
If a criminal case was filed after your loved one’s death, a wrongful death claim is a separate civil matter. Generally, a family may pursue a civil claim regardless of whether criminal charges were brought or how they were resolved.
Do You Need an Indianapolis Wrongful Death Attorney?
Wrongful death cases in Indiana are more complex than many families expect. Three different statutes may apply depending on the age, marital status, and dependents of the person who died, and choosing the wrong one can significantly affect what a family is allowed to recover. Claims involving hospitals, government entities, or commercial insurers each carry additional procedural requirements and shorter deadlines.
An experienced Indianapolis wrongful death attorney can identify the correct statute, open an estate if one is required, preserve evidence, and handle communication with insurance companies so your family can focus on healing. Powless Law reviews wrongful death cases at no upfront cost, and we generally do not collect a fee unless we recover compensation on your behalf.
For more than 30 years, Powless Law Firm, P.C. has represented Indiana families who lost a loved one to negligence — in hospitals, nursing homes, on the road, and elsewhere. Contact us at 877-469-1951 for a free, confidential case evaluation.
Wrongful Death Resources
Indiana’s Three Wrongful Death Statutes
Unlike many states, Indiana does not have a single wrongful death law. Which statute applies depends on who the person was at the time of death.
General Wrongful Death Act (Ind. Code § 34-23-1-1). This statute applies when the person who died left a surviving spouse, dependent children, or other dependent next of kin. The claim is filed by the personal representative of the estate. Recoverable damages generally include medical, hospital, funeral, and burial expenses; the decedent’s lost earnings and lost services; and the loss of love, care, and affection to the spouse and dependents. There is no statutory cap on damages under this section.
Adult Wrongful Death Act (Ind. Code § 34-23-1-2). This statute applies to an unmarried adult with no dependents. The personal representative may recover medical, funeral, and burial expenses, estate administration costs, and damages for loss of the adult’s love and companionship. Two limitations are important: evidence of the adult’s lost earnings is not permitted, and loss-of-companionship damages are capped at $300,000 in total, regardless of how many family members file. A non-dependent parent or adult child generally must also show they had a “genuine, substantial, and ongoing relationship” with the person who died.
Child Wrongful Death Act (Ind. Code § 34-23-2-1). This statute applies to an unmarried child without dependents who was under 20 years old — or under 23 if enrolled in a postsecondary or career and technical education program. The claim is brought by the parents or guardian. Damages generally include medical and funeral expenses, loss of the child’s services, loss of the child’s love and companionship, and the reasonable cost of counseling for parents and minor siblings.
Indiana’s wrongful death statute of limitations generally gives a family two (2) years from the date of death to file a claim. Shorter deadlines can apply — for example, claims against a city, county, or state agency may require a tort claim notice in as little as 180 days, and medical malpractice deaths must go through Indiana’s medical review panel process. We recommend speaking with a wrongful death attorney as early as possible.
Wrongful Death Caused by Medical Malpractice
When a death results from medical negligence, Indiana’s Medical Malpractice Act adds another layer of rules. The claim generally must first be filed as a proposed complaint with the Indiana Department of Insurance and reviewed by a medical review panel before it can proceed in court. Total damages for a malpractice-related death are currently capped at $1.8 million for acts occurring after June 30, 2019, with the healthcare provider responsible for a portion and the Indiana Patient’s Compensation Fund covering the remainder.
Powless Law has focused on medical negligence cases for decades. Learn more on our Medical Malpractice, Birth Injury, and Nursing Home Abuse pages.
How Indiana’s Comparative Fault Rule Affects a Wrongful Death Claim
Indiana follows a modified comparative fault system. If the person who died is found to be more than 50% responsible for the incident, the family generally cannot recover damages. If the decedent’s share of fault is 50% or less, any award is reduced in proportion to that share. Insurance companies frequently try to shift blame onto the person who died, which is one reason early investigation and evidence preservation matter.
Indiana Wrongful Death: Frequently Asked Questions
For the death of an adult, the claim must be filed by the personal representative of the decedent's estate — often a surviving spouse or adult child appointed by the probate court. Even though the personal representative files, any recovery beyond medical and funeral expenses is distributed to the surviving spouse, dependent children, or other eligible family members as the statute directs. For the death of a child, either parent or a legal guardian may file directly. If you are unsure whether an estate has been opened, an attorney can help with that step.
Generally, two years from the date of death. That deadline can be shorter in certain situations, including deaths involving government vehicles or facilities, and medical malpractice deaths have their own filing procedure. Because evidence such as surveillance footage, vehicle data, and medical records can be lost quickly, we recommend consulting an attorney well before any deadline approaches.
Depending on which statute applies, a family may generally recover funeral and burial costs, medical expenses from the final injury or illness, the decedent's lost income and benefits, the value of household services the person provided, and compensation for the loss of love, care, and companionship. Under the Adult Wrongful Death Act, loss-of-companionship damages are capped at $300,000 and lost earnings are not recoverable. Punitive damages are generally not available in Indiana wrongful death claims.
It depends on the circumstances. There is no cap under the General Wrongful Death Act when the decedent left a spouse or dependents. The Adult Wrongful Death Act caps loss-of-companionship damages at $300,000. Medical malpractice deaths are subject to the Medical Malpractice Act's cap, and claims against government entities are limited under the Indiana Tort Claims Act. An attorney can explain which limits, if any, apply to your family's situation.
A wrongful death claim compensates the family and estate for losses caused by the death itself. A survival action, under Ind. Code § 34-9-3-4, allows the estate to continue a personal injury claim the person had before dying — but in Indiana it generally applies only when the person died from a cause unrelated to the injury at issue. Which claim fits depends on the facts, and in some cases the distinction affects what damages are available.
Powless Law handles wrongful death cases on a contingency fee basis. There is no charge for the initial case evaluation, and we generally do not collect attorney fees unless we obtain a recovery for your family. Call 877-469-1951 to discuss your case.