Wrongful Death Lawsuits in Indiana
Who can bring a wrongful death claim in Indiana, the deadline to file, and any limits on damages.
Short answer: The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. Ind. Code § 34-23-1-1
| Who can sue for wrongful death | The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. The rest goes to the surviving spouse and dependent children, or dependent next of kin, distributed like the deceased's personal property. If there are no such survivors, damages go to those who provided hospital, medical, funeral and burial services and to the estate for administration costs. Separate rules for the death of a child (Ind. Source: Ind. Code § 34-23-1-1 |
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| Wrongful death deadline | The personal representative must file a wrongful death lawsuit within two years. Source: Ind. Code § 34-23-1-1 |
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FAQ
Who can file a wrongful death lawsuit in Indiana?
The deceased person's personal representative brings the action. Recovery for medical, hospital, funeral and burial expenses goes to the estate. The rest goes to the surviving spouse and dependent children, or dependent next of kin, distributed like the deceased's personal property. If there are no such survivors, damages go to those who provided hospital, medical, funeral and burial services and to the estate for administration costs.
How long do you have to file a wrongful death lawsuit in Indiana?
The personal representative must file a wrongful death lawsuit within two years.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.