Wrongful Death Lawsuits in Indiana

When someone dies because of another person's negligent or intentional actions, their surviving family members may be entitled to make a wrongful death claim. This article explains the key elements of Indiana's wrongful death laws, including who can file a claim, the deadline for filing a lawsuit, and who's eligible to receive compensation. We'll also discuss other options that might be available to family members and dependents, like workers' compensation and Indiana's compensation program for crime victims.

How Does Indiana Law Define "Wrongful Death"?

Indiana law defines a wrongful death as one that was "caused by the wrongful act or omission of another." The wrongful act must be something that the deceased would have been able to sue for if they'd survived. So, the same kinds of events that can prompt a personal injury lawsuit can also prompt a wrongful death lawsuit. For example:

• a negligence-based incident (such as a car accident)
• medical malpractice, or
• an intentional act (including a crime).

As in other types of personal injury lawsuits, the defendant's liability in a successful wrongful death case is expressed solely in terms of financial compensation ("damages") that the court orders the defendant to pay to the deceased person's survivors or estate. This is one major difference between a wrongful death lawsuit and a criminal homicide case, where a conviction can result in jail or prison time, fines paid to the state, probation, and other penalties.

There are other differences between a criminal prosecution for homicide and a wrongful death civil lawsuit. For instance, in a criminal case, the accused's guilt must be established "beyond a reasonable doubt," which is a very high bar for the prosecution to clear. In a civil lawsuit, the defendant's liability must be shown only "by a preponderance of the evidence," meaning it's more likely than not that the defendant is responsible for the death.

It is possible, though, for a single act to result in criminal charges and a wrongful death claim: A defendant can be sued for wrongful death in civil court while facing criminal charges related to the same death. However, the criminal case is separate from any wrongful death claim. To obtain damages, the estate must file a wrongful death suit, even if a criminal case is already proceeding.

(Indiana Code §§ 34-23-1-1, 34-23-1-2 (2025).)

Who Can File a Wrongful Death Lawsuit in Indiana?

Indiana law determines who can bring a wrongful death claim differently based on whether the person who died (the "decedent") was an adult or a child at the time of death.

Child decedents. In a wrongful death claim involving the death of a child, the case must be filed by one or both of the child's parents. If the parents are divorced, the claim must be filed by a parent who has legal custody of the child. If both parents are deceased, or their parental rights have been terminated, then the case must be filed by the child's legal guardian. For the purpose of a wrongful death claim, Indiana law defines a "child" as:

• an unmarried person without dependents who is younger than 20 years old
• an unmarried person without dependents who is younger than 23 years old and enrolled in college, a career and technical school, or other program, or
• a fetus that has reached viability.

(Indiana Code § 34-23-2-1 (2025).)

Adult decedents. In many states, the deceased person's family members are allowed to file a wrongful death lawsuit. But in Indiana, only the personal representative (sometimes called the "executor") of the deceased adult's estate is permitted to file a wrongful death claim.

(Indiana Code § 34-23-1-1 (2025).)

What Types of Damages Are Possible in an Indiana Wrongful Death Case?

In a successful wrongful death lawsuit, the court will award "damages"—the plaintiffs' claimed losses—to the deceased person's survivors or estate. Indiana has very specific rules regarding the types of damages that might be available in a wrongful death case. Damages vary based on whether the deceased was:

• a child
• an unmarried adult with no dependents, or
• an adult who was married or had dependents.

Child decedents. If the deceased person was a child (according to the legal definition we discussed above), then the court may award damages to compensate the child's family for the following types of losses:

• loss of the child's services
• loss of the child's love and companionship
• the cost of health care and hospitalization necessitated by the wrongful act that caused the death
• funeral and burial expenses
• the reasonable costs of counseling for parents or minor siblings who are struggling with the death, and
• the cost of paying the child's outstanding debts and administering the child's estate.

(Indiana Code § 34-23-2-1 (2025).)

If the deceased was an unmarried adult with no dependents. Indiana allows the deceased person's estate, parents, and/or nondependent children to recover the following damages in a successful wrongful death case:

• funeral and burial expenses
• medical and hospital expenses, and
• compensation for the loss of the deceased person's love and companionship.

Indiana places several limits on how much compensation parents and non-dependent children can recover in these cases. Damages for medical, hospital, funeral, and burial expenses are awarded to the estate to pay for those expenses, not to the deceased person's relatives. In addition, compensation for the loss of love and companionship cannot exceed $300,000. Indiana law also bars judges or juries in these cases from awarding:

• damages for grief, or
• damages to compensate for the deceased's future earnings.

Finally, the deceased person's parents or nondependent child must prove that they had a "genuine, substantial, and ongoing relationship" with the deceased in order to recover damages.

(Indiana Code § 34-23-1-2 (2025).)

If the deceased was married and/or has surviving dependents. Indiana law allows the deceased's survivors to recover damages to compensate for the following types of losses:

• funeral and burial expenses
• medical and hospital expenses
• loss of the deceased's future earnings, and
• loss of the deceased's love, care, and affection.

Damages for medical, hospital, funeral, and burial expenses are paid to the deceased's estate and used to cover those costs.

Indiana's wrongful death statute specifies that all other damages must be paid to the deceased person's spouse, any dependent children, or other dependent relatives. The way this money is apportioned between eligible beneficiaries is the same as the way it would be apportioned according to Indiana's rules for intestate succession.

(Indiana Code § 34-23-1-1 (2025); Durham v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001).)

Some damages aren't available in wrongful death cases. In some personal injury cases, courts can award punitive damages to punish particularly malicious or reckless behavior, and to deter others from behaving the same way. But the Indiana Supreme Court has ruled that these damages are not available to plaintiffs in wrongful death cases. Wrongful death plaintiffs are also not permitted to recover damages for the pain and suffering the deceased person endured before they died. (Durham v. U-Haul Int'l, 745 N.E.2d 755 (Ind. 2001); Atterholt v. Robinson, 872 N.E.2d 633 (Ind. Ct. App. 2007).)

How Long Do I Have to File an Indiana Wrongful Death Claim?

Like other personal injury claims, wrongful death lawsuits must be filed within a certain period of time, set by a law called a "statute of limitations." In Indiana, the filing deadline for a wrongful death claim is two years from the date of the person's death. The deadline is the same regardless of whether the deceased person was an adult or a child.

If the claim is not filed within that two-year period, the court will almost certainly refuse to hear the matter at all. As the Indiana Supreme Court has noted, almost none of the usual exceptions to lawsuit filing deadlines apply to wrongful death cases in the state. To get more time, plaintiffs must be able to show that the defendant fraudulently concealed their responsibility for the death, making it impossible to file the lawsuit within the usual timeframe. Fraudulent concealment generally means that the defendant actively tried to deceive potential plaintiffs, or thwart their investigations, to prevent their legal responsibility for the death from being uncovered.

(Indiana Code § 34-23-1-1 (2025); Alldredge v. Good Samaritan Home, Inc., 9 N.E.3d 1257 (Ind. 2014).)

Wrongful Death Lawsuits Versus Survival Actions

The same wrongful act that prompts a wrongful death lawsuit can sometimes prompt a so-called "survival action." A survival action is a separate claim that compensates a person's estate for harm the person suffered before they died.

Many states allow both a wrongful death claim and a survival action over the same incident. But Indiana law works differently. If a person is injured, and later dies from those injuries, the estate's personal representative can only file a wrongful death claim against the responsible party.

But what happens if the deceased had already filed a lawsuit while they were still alive? It depends on what the lawsuit was about:

• If the person files a personal injury lawsuit, and later dies from those same injuries, then the lawsuit can be converted into a wrongful death claim. It can't continue as a survival action.
• If the person's death was unrelated to their earlier injuries, then the original personal injury lawsuit can continue as a survival action. The estate would also be able to file a wrongful death lawsuit if the person was killed by someone else's wrongful act.

The main differences between a survival action and a wrongful death lawsuit are:

• Damages in a survival action are the same personal injury damages that would have been available to the deceased if they'd lived. This could include, for example, compensation for the pain and suffering the deceased suffered before they died. But it would exclude wrongful death damages like the deceased's future earnings.
• Damages in a survival action are always paid to the deceased's estate, and then distributed according to their will (or, if they had no will, according to Indiana's rules for intestate succession).

(Indiana Code § 34-9-3-1 (2025); Atterholt v. Robinson, 872 N.E.2d 633 (Ind. Ct. App. 2007)

Other Options for Seeking Compensation

In addition to a wrongful death lawsuit, a deceased person's family and dependents may have other options under Indiana law for seeking compensation.

Compensation for Crime Victims

If someone is killed by a violent crime, then the Indiana Victim Compensation Program offers financial assistance to the victim's surviving parent, spouse, dependent child or other legal dependent. (The program does not apply if the victim was incarcerated, or killed while involved in a criminal act.) The program offers up to $15,000 to cover expenses resulting from the death that cannot be covered in other ways. In addition, it offers up to $5,000 to help with funeral and burial expenses.

In addition, Indiana courts can order convicted criminals to pay restitution to their victims. This can include ordering the offender to pay money to the estate or to the surviving family members of a deceased victim. This restitution could include compensation for medical expenses, funeral expenses, and the deceased's lost future earnings. (Indiana Code § 35-50-5-3 (2025).)

Worker's Compensation

When an employee is killed on the job, a wrongful death lawsuit against the employer is generally not permitted. Instead, survivors must seek compensation through Indiana's worker's compensation program. There are limited exceptions to this rule--for example, an employer could be sued for wrongful death if they deliberately harmed the employee. And a wrongful death lawsuit could also be permitted against a third party--for example, a negligent contractor or equipment manufacturer.

If an on-the-job death qualifies for worker's compensation benefits, then dependents can receive a portion of the worker's weekly wage for up to 500 weeks. Funeral and burial expenses are also reimbursed up to a $10,000 limit.

If you have questions about Indiana's worker's compensation program, it may be helpful to consult an attorney who specializes in those claims.

(Indiana Code § 22-3-2-6 (2025); (Indiana Code § 22-3-3-17 (2025); Indiana Code § 22-3-3-21 (2025).)

Getting Help With an Indiana Wrongful Death Claim

Wrongful death claims can be complicated--the legal rules are often tricky to understand, and it's not easy to calculate how much compensation is reasonable. And, as we've discussed, other avenues for seeking compensation could supplement or take the place of a wrongful death claim. An Indiana personal injury attorney who handles these kinds of claims should have the knowledge to apply state law to your situation, and the experience to help you decide on the best way to proceed.