Under state law, wrongful death is generally defined as the death of an individual due to another party’s negligent, wrongful, or careless actions or inactions. Like in many other states, wrongful death claims are subject to certain laws that specifically govern these types of lawsuits, including the process, the available damages, and the deadline for filing such a claim.
The civil court process can be complex for individuals inexperienced in civil litigation, and cases involving an untimely death have additional requirements to meet. An experienced attorney could review your situation and determine if it constitutes a wrongful death case.
Common Fatal Accidents
Several types of situations and events may form a basis for a wrongful death claim, including, but not limited to vehicle accidents and slip and falls, medical malpractice, or criminal offenses. It is often helpful to think of a wrongful death case as a type of personal injury lawsuit, except that the injured individual passed away and can no longer file a claim on their own. It is also important to understand that a wrongful death can occur due to someone’s inaction, such as a doctor failing to properly diagnose a patient.
How State Law Addresses Wrongful Deaths
When determining what constitutes a civil claim, it is also critical to understand how state law defines a wrongful death. Under state law, there are three different statutes relating to the specific types of wrongful death lawsuits.
General
The general wrongful death statute provides the dependents of a deceased individual with an opportunity to recover damages. The typical damages that might be recoverable in a general wrongful death case include, but are not limited to, expenses for medical care, a funeral, and burial and lost income and future earnings of the deceased individual. If a claim is successful and compensation is awarded to the dependents, the compensation first goes to the deceased individual’s estate to pay for any medical or funeral costs before going to the heirs.
If a deceased individual is not a child, is unmarried, and has no children or dependents, the recoverable damages are typically the same but the loss of the deceased person’s companionship and love may also be recoverable. Although additional damages are available under this wrongful death claim, the amount of compensation for these additional damages is capped at $300,000, according to Indiana Code § 34-23-1-2.
What if a Child is Wrongfully Killed?
The last type of wrongful death statute under state law relates to individuals that are unmarried and less than 20 years old, or if the individual was in a postsecondary educational institution at the time of death, under 23 years of age. The damages available under a child’s wrongful death include the costs for medical care and a funeral. Additional damages may be available for loss of the child’s services, loss of the child’s companionship and love, and expenses for counseling by parents, siblings, or others. Additionally, there is no cap on the recoverable compensation under a child wrongful death lawsuit.
How a Wrongful Death Attorney Could Help?
Wrongful death lawsuits can be especially complicated because of the increased requirements under state law. If you believe your close loved one died due to the actions of another party, it might be a good idea to consult with a dedicated wrongful death lawyer. Schedule a case evaluation today.
Frequently Asked Questions
How much is a wrongful death lawsuit worth in Indiana?
There are limits in Indiana on the amount of money you can get from wrongful death lawsuits. If someone dies because of medical malpractice, the most you can get is $1.25 million. If a single adult without dependents dies, the most you can get for the emotional loss is $300,000. If a government agency caused the death, the most you can get is $700,000.
What is the cap on adult wrongful death in Indiana?
For unmarried adults who pass away in accidents that aren’t because of medical malpractice, there’s a limit of $300,000 on the amount of money you can get for damages under the Adult Wrongful Death Act in Indiana.
Who can file a wrongful death claim in Indiana?
Generally, the person responsible for filing a lawsuit after someone dies called the personal representative, is usually named in the deceased person’s will or chosen by the court. This person acts on behalf of the person who passed away. However, being the representative doesn’t automatically mean they get any money from a wrongful death lawsuit.
Can a sibling file a wrongful death suit in Indiana?
Under Indiana law, there’s a specific kind of wrongful death lawsuit for adults who pass away. Only a personal representative, typically the person named in the deceased person’s will, can file this type of lawsuit. It’s different from some other states where family members can file. Generally, the personal representative is the one who handles the deceased person’s will.
