When a person dies because of someone else’s wrongful act, the family may face grief and money problems. Indiana law lets some family members seek damages through a wrongful death claim. The rules depend on the person’s age, marital status and surviving family. Different laws apply to adults with dependents, certain unmarried adults without dependents and children.
Financial losses families may recover
Under Indiana Code § 34-23-1-1, the personal representative may seek damages for certain financial losses. Courts may review income records, work history and other evidence to determine these amounts.
Recoverable losses may include:
- Lost earnings: The earnings the person would likely have made if they had lived.
- Household services: The value of services the person would have provided.
- Medical expenses: Reasonable treatment costs related to the fatal injury.
- Funeral expenses: Reasonable funeral and burial costs.
These damages depend on the facts and the law governing the claim. Indiana Code § 34-23-2-1 provides different rules for children.
When can families recover loss of companionship damages?
Indiana law may allow certain survivors to recover damages for the loss of love, care and companionship. Under Indiana Code § 34-23-1-2, qualifying parents and children of certain unmarried adults without dependents may seek these damages. The law sets a combined $300,000 limit and requires proof of a genuine, substantial and ongoing relationship. Indiana’s survival laws address certain claims that remain after death. However, when the same wrongful act causes both the injury and death, a separate survival claim for that fatal injury generally is not available.
Who files a wrongful death claim and who receives the damages?
The personal representative files the wrongful death lawsuit. However, the representative does not personally receive all recovered funds. Under § 34-23-1-1, damages for medical and funeral costs benefit the estate for payment of those expenses. Other qualifying damages may go to the surviving spouse, dependent children or dependent next of kin. Distribution depends on the applicable statute and type of damages.
Speaking with a lawyer about a wrongful death claim
Under Indiana’s General Wrongful Death Act, the personal representative generally must file within two years of the death. Different rules may apply to other claims. An Indiana wrongful death attorney can review the family facts, the type of claim and the filing deadline. This review may help the family learn what damages the law allows.
