In Indiana, a wrongful death claim is brought by the personal representative of the person’s estate and must be filed within two years (IC 34-23-1-1). Different rules apply when the person who died was a child (IC 34-23-2-1) or an unmarried adult with no dependents (IC 34-23-1-2), and those rules change who recovers and which damages are allowed.
Vaughn A. Wamsley Personal Injury represents Indianapolis and Central Indiana families after fatal crashes and other deaths caused by someone else’s negligence. We know a legal claim is not the first thing on your mind. This page explains how Indiana’s wrongful death statutes work so you can make decisions on your own timeline, before the deadlines make them for you. The consultation is free, and you owe no fee unless we recover. Call 317-846-1080 or contact us online.
Which Indiana Wrongful Death Statute Applies
Indiana has three wrongful death statutes. Which one governs your family’s claim depends on who died:
| Person who died | Statute | Who files | Who receives the recovery | Key limits |
|---|---|---|---|---|
| An adult with a spouse or dependents | IC 34-23-1-1 | The personal representative of the estate | The surviving spouse, dependent children, or dependent next of kin. Medical, hospital, funeral, and burial costs go to the estate. | Two-year filing deadline |
| An unmarried adult with no dependents | IC 34-23-1-2 | The personal representative of the estate | Nondependent parents or nondependent children who had a genuine, substantial, and ongoing relationship with the person. Medical and funeral costs go to the estate. | Loss of love and companionship capped at $300,000 in total. No damages for lost earnings, grief, or punitive damages. |
| A child: unmarried with no dependents and under 20, or under 23 if enrolled in college or a career and technical education program | IC 34-23-2-1 | Both parents, the custodial parent, or a guardian | The parents, or a custodial grandparent if no parent is entitled to recover | Damages for lost services and companionship run only until the child would have aged out of the statute or the last surviving parent dies, whichever comes first |
For an adult, family members cannot file in their own names. If no estate has been opened, one must be opened in probate court so a personal representative can be appointed. That step takes time, which is one more reason to start early.
The Two-Year Deadline and Earlier Notice Rules
A wrongful death claim under IC 34-23-1-1 must be filed within two years. Because the right to bring a wrongful death claim exists only by statute, Indiana courts apply that limit strictly, and the extensions available in other cases rarely help.
When a government entity may share responsibility, the deadline is much shorter. A city or county vehicle, a dangerous road condition, or a crash involving a government employee can bring in the Indiana Tort Claims Act. Written notice must be filed within 180 days of the loss for a political subdivision such as the City of Indianapolis or Marion County (IC 34-13-3-8), and within 270 days for a state agency such as INDOT (IC 34-13-3-6). Many valid claims are lost on this notice deadline while the two-year clock is still running.
Damages Indiana Allows in a Wrongful Death Case
What a family can recover depends on which statute applies.
An adult with a spouse or dependents (IC 34-23-1-1). Damages can include reasonable medical, hospital, funeral, and burial expenses and the earnings the person would have provided to the family. Indiana courts have also allowed surviving spouses and dependents to recover for the loss of the person’s love, care, and companionship.
An unmarried adult with no dependents (IC 34-23-1-2). Damages can include reasonable medical, hospital, funeral, and burial expenses and the loss of the person’s love and companionship, which is capped at $300,000 in total. The statute does not allow damages for lost earnings, grief, or punitive damages. A parent or child must prove a genuine, substantial, and ongoing relationship with the person who died.
A child (IC 34-23-2-1). Damages can include the loss of the child’s services, the loss of the child’s love and companionship, health care and hospital expenses, funeral and burial expenses, reasonable counseling for a surviving parent or minor sibling, the child’s uninsured debts, and the costs of administering the estate, including reasonable attorney’s fees.
Punitive damages are not available in Indiana wrongful death claims. For a closer look at how these categories are valued, see our guide to calculating the value of a wrongful death claim in Indiana.
Comparative Fault Still Applies
Indiana’s modified comparative fault rule (IC 34-51-2-6) applies to wrongful death claims. If the person who died is found more than 50 percent at fault, the family recovers nothing. At 50 percent or less, the recovery is reduced by that share. Insurers know this, which is why they often try to shift blame onto the one person who can no longer tell their side. Our article on Indiana’s 51 percent bar explains how fault is divided.
Common Causes of Wrongful Death in Indianapolis
- Car crashes on I-465, I-65, I-70, I-69, and busy corridors like Keystone Avenue, Washington Street, and 38th Street, including drunk driving crashes. See our Indianapolis car accident lawyers.
- Truck and commercial vehicle crashes, where federal hours-of-service logs, maintenance records, and the carrier’s hiring files often decide the case. See our Indianapolis truck accident lawyers.
- Motorcycle, bicycle, and pedestrian deaths. We handle motorcycle, bicycle, and pedestrian cases.
- Construction and workplace deaths. Workers’ compensation usually limits claims against the employer, but a wrongful death claim may still exist against a general contractor, an equipment manufacturer, or a property owner. See our construction accident practice.
- Defective products, from vehicle components to household equipment, handled through our product liability practice.
- Drownings and unsafe property, including pools without proper barriers or supervision. Our article on Indianapolis pool accidents covers what families should know.
A Criminal Case Is Separate From the Wrongful Death Claim
When a death involves drunk driving or reckless conduct, prosecutors may file criminal charges. The wrongful death claim is a separate case. It does not depend on a conviction, it uses a lower burden of proof, and it does not have to wait for the criminal case to finish. The two-year deadline keeps running while charges are pending, so families should not wait for the criminal court before speaking with a lawyer.
How Vaughn A. Wamsley Personal Injury Handles Wrongful Death Cases
We protect the evidence first. Preservation letters go out right away for vehicle data, video, phone records, and maintenance and employment files. Much of that evidence is on a short retention clock.
We handle the estate step. If a personal representative has not been appointed, we help the family through that process so the claim can be filed on time.
We take over the insurance calls. From the day you retain us, adjusters talk to us, not to your family.
We document what the family lost. That means income records and future earnings where the law allows them, and the details of the relationship that a jury needs to hear.
It costs nothing up front. We work on contingency. Case expenses are advanced by the firm, and if we do not recover, you owe no fee.
Vaughn A. Wamsley has represented injured people and families in Indiana for more than three decades and has been a member of the Indiana bar since 1988. Jeremy S. Baber has resolved more than 3,000 claims and has litigated before the Indiana Supreme Court and the Indiana Court of Appeals. Our results include $4.3 million in a child drowning case and $1.7 million in a fatal crash involving a dump truck. Past results do not guarantee a similar outcome in any future case.
If your family lives in Hamilton County, our Carmel wrongful death lawyers work from our office at 851 S Rangeline Rd. For a step-by-step look at the process, read what to expect in an Indianapolis wrongful death claim.
Frequently Asked Questions
Who can file a wrongful death lawsuit in Indiana?
When an adult dies, only the personal representative of the estate can file. Family members recover through that claim but cannot file it in their own names. When a child dies, the parents, the custodial parent, or a guardian files under IC 34-23-2-1.
How long do you have to file a wrongful death claim in Indiana?
Two years under IC 34-23-1-1. If a city, county, or state entity may be responsible, written tort claim notice is due much sooner: 180 days for a political subdivision and 270 days for the state.
Is there a cap on wrongful death damages in Indiana?
When the person who died was an unmarried adult with no dependents, damages for loss of love and companionship are capped at $300,000 in total. The general statute for adults with dependents and the child wrongful death statute do not contain that cap. Punitive damages are not available in Indiana wrongful death claims.
How much is a wrongful death case worth in Indiana?
It depends on which statute applies, the person’s age and earnings, who survived them, the medical and funeral costs, and how fault is divided. Insurance limits also matter. Our wrongful death value guide walks through the factors.
Does a criminal conviction have to happen first?
No. The wrongful death claim is a civil case with its own deadline and a lower burden of proof. It can move forward whether or not charges are filed, and regardless of how the criminal case ends.
Talk With an Indianapolis Wrongful Death Lawyer
If you lost a family member because of someone else’s negligence, call Vaughn A. Wamsley Personal Injury at 317-846-1080 or contact us online. The consultation is free, and there is no fee unless we recover.