No amount of money can replace the person you lost. No number, percentage, or ratio will fill the void they left in your life. We begin with this truth because, in the midst of your grief, the legal system will ask you to do the impossible: put a value on your loss.
The process of calculating the value of a wrongful death claim in Indiana is not about replacing what you have lost; it is about demanding justice and securing the financial stability your family needs to face a future that was unjustly changed.
The at-fault party’s insurance company will try to reduce your loved one’s life to a simple formula. They will offer a quick, inadequate settlement, hoping your grief and financial pressure will force you to accept it.
Familiarizing yourself with how a wrongful death attorney truly values a claim is the first step in honoring your loved one’s memory and fighting for the full measure of justice your family is owed.
Justice in numbers:
- Indiana statutes, not grief or emotion alone, outline the specific categories of damages that determine a wrongful death claim’s value.
- Economic damages, such as lost lifetime income and final medical bills, provide a quantifiable foundation for the claim’s value.
- Non-economic damages, like the loss of love, companionship, and guidance, form a significant part of the claim, acknowledging the profound human cost.
- Your relationship to the person who was lost (e.g., spouse, child, or parent) directly controls the type and amount of damages you can pursue.
Wrongful Death in the Eyes of Indiana Law
Before an attorney can calculate a claim’s value, they must first establish a “wrongful death” under the law. It is not just any death. It is a death caused by the negligence or wrongful act of another person or company.
This legal framework provides a path for surviving family members to hold the responsible party accountable.
What legally constitutes a wrongful death?
A wrongful death occurs when a person dies from injuries that would have entitled them to file their own personal injury lawsuit had they survived. These cases arise from many different situations, including car and truck accidents, medical negligence, or unsafe conditions on a property.
The core of the claim is proving that another party’s carelessness directly caused your loved one’s death.
Who has the right to file a claim?
In Indiana, family members do not file a wrongful death claim directly. Instead, the court appoints a “personal representative” for the deceased person’s estate. This representative, who may be a spouse or other close family member, has the sole legal authority to file the wrongful death lawsuit.
They act as a fiduciary, pursuing the claim on behalf of the surviving spouse, dependent children, and other beneficiaries as defined by Indiana’s main wrongful death statute, IC 34-23-1-1.
The Two Pillars of a Wrongful Death Claim’s Value
An attorney calculates a wrongful death claim’s value through a detailed analysis of two distinct categories of losses: the tangible financial costs and the intangible human costs.
Both are equally important in painting a complete picture of the devastation your family has experienced.
Quantifying economic damages
This category includes the calculable financial losses that resulted from your loved one’s death. An attorney proves and calculates these damages with documents and professional analysis. This includes the medical expenses for the final injury, as well as all funeral and burial costs.
The largest component of economic damages is often the loss of the deceased’s future income and support. An attorney hires an economist to perform a detailed analysis and project the full scope of financial loss to the family.
This forensic financial projection includes calculating the value of:
- The deceased’s projected lifetime wages, salary, and bonuses.
- The loss of benefits like health insurance and retirement contributions.
- The monetary value of household services the person provided.
- The lost inheritance the children or spouse would have received over a lifetime.
This detailed financial report becomes the bedrock of the claim. It provides a clear and undeniable picture of the family’s economic devastation.
Valuing non-economic damages
This is the most difficult and personal part of the valuation. No bill or receipt exists for the loss of a relationship. The law, however, allows certain survivors to seek compensation for these profound human losses.
For a surviving spouse, this includes the loss of love and companionship. For surviving dependent children, it includes the loss of parental love and guidance. An attorney’s role is to tell your family’s story and demonstrate the immense value of these relationships.
How Your Relationship to the Deceased Changes the Claim
Indiana has three separate and distinct wrongful death statutes. The deceased’s family status determines which specific law applies to your case. This distinction directly controls the types and amounts of damages an attorney can pursue.
Claims for a deceased spouse or dependent child
When the deceased person leaves behind a spouse or dependent children, the general wrongful death statute governs the claim. This allows the personal representative to pursue the full range of both economic and non-economic damages. This includes lost earnings and loss of companionship, without a statutory cap on most of the potential recovery.
The Indiana Adult Wrongful Death Act
This separate statute applies when the deceased is an unmarried adult with no dependent children. In these cases, the law strictly limits the damages. The claim is primarily for the loss of love and companionship that surviving parents or non-dependent children suffered. The law also places a strict cap on the total damages under this act.
Claims for a Deceased Child (The Child Wrongful Death Act)
Losing a child is an unimaginable tragedy. Indiana has a specific statute to address it. This law recognizes the unique and devastating loss parents suffer. It allows them to pursue a specific set of damages.
The parents of a deceased child can pursue a claim for several specific losses. These legal categories provide a framework for a jury to acknowledge the profound impact of the loss on the family.
These damages include compensation for:
- The parents’ loss of their child’s love and companionship.
- The loss of the child’s services.
- The medical expenses related to the child’s final injury.
- The funeral and burial expenses.
- Counseling for the surviving parents and siblings.
While no amount of money can heal this wound, this statute provides a way to hold the negligent party accountable for the immense harm they have caused.
What Does a Trial Attorney Do in Proving Your Claim’s Value?
The insurance company has a team of professionals working to minimize the value of your claim. You need an advocate who can build an even stronger team to fight for you. Proving the true value of a wrongful death claim is a complex and resource-intensive process.
Fighting the insurance company’s valuation tactics
The insurer will immediately look for ways to devalue your loved one’s life. It may argue the person would not have been promoted or that they would have retired early. The insurer will challenge every projection and use cold, impersonal formulas to arrive at the lowest possible number.
An attorney fights these tactics by presenting a compelling, human story backed by undeniable facts.
Assembling a team of professionals
An attorney does not calculate these damages alone. A legal team hires qualified professionals to build the case. This includes forensic economists who project lost income, vocational rehabilitation specialists who analyze earning capacity, and grief counselors who can testify to the profound emotional impact on the family. Their reports and testimony provide the evidence needed to demand full value.
Don’t Trust AI with This Sacred Duty
An AI program can define legal terms, but it cannot comprehend the depth of your loss. It cannot tell the story of your loved one’s life or convey the void their absence has left in your family.
Calculating the value of a life is an intensely human and sacred duty that requires a compassionate, human attorney, not an algorithm.
FAQ for Calculating the Value of a Wrongful Death Claim in Indiana
Is there a cap on wrongful death damages in Indiana?
It depends. For most claims involving a spouse or dependent children, no cap exists for economic damages or loss of companionship. However, a specific cap applies to claims for medical malpractice and claims filed under the Adult Wrongful death Act. An attorney can explain which rules apply to your specific situation.
How long does it take to resolve a wrongful death claim?
These are among the most complex legal cases and often take a significant amount of time to resolve. The process involves a deep investigation and the hiring of multiple professionals. No set timeline exists. It is important to take the time necessary to build the strongest possible case.
Does a criminal case affect the wrongful death claim?
The criminal case and the civil wrongful death claim are two separate proceedings. A prosecutor’s criminal conviction can be used as powerful evidence in your civil claim. However, you can still pursue and win the wrongful death lawsuit even if the person is not convicted criminally.
What if my loved one was partially at fault for the accident?
Indiana’s comparative fault rule applies to wrongful death cases. As long as your loved one was less than 51% at fault, their estate can still recover damages. However, a court will reduce the total recovery by their percentage of fault. An attorney will fight to ensure a court assigns fault fairly.
A Path Toward Justice for Your Family
We know that no lawsuit can bring back the person you love. But we also know that you should not have to face financial ruin on top of your emotional devastation.
A wrongful death claim is about seeking justice for your loved one, holding the negligent party accountable, and securing the resources your family needs to move forward.
This is a battle you should not fight alone. At Yosha Law, we are your battle-tested allies. We consider it our solemn duty to tell your loved one’s story with the dignity and respect it deserves.
We have the trial experience to stand up to the biggest insurance companies and fight for the full and total justice your family is owed.
Call us 24/7 at (317) 751-2856 for a free, confidential consultation.
Let us listen to your story and explain how we can help. We don’t rest until justice is served.
