October 24, 2024
Losing a loved one is one of the hardest things you’ll ever go through. A mix of grief, confusion, and unanswered questions swirls in your mind. When that loss is caused by someone else's negligence, it can feel even more unfair.
But you have someone on your side. At Stracci Law Group, our experienced wrongful death attorneys can guide you through this difficult process, help you understand your legal options, and fight for the compensation you deserve.
Why You Need to Understand Indiana's Wrongful Death Laws
Each state has separate laws that govern wrongful death claims. These laws define who has the legal right to file a wrongful death lawsuit, what types of compensation are available, and how much time the survivors have to take action.
By learning about Indiana’s wrongful death laws, you’ll be better prepared for the legal fight ahead.
What Is a Wrongful Death Claim?
A wrongful death claim is a legal action that arises when someone’s death is caused by the negligence, recklessness, or intentional misconduct of another party.
It is different from a typical personal injury claim, when a living person files to recover their own losses. Instead, a wrongful death claim provides a way for surviving family members to seek justice and financial compensation after a loved one has been wrongfully killed.
Defining Wrongful Death in Indiana
In order to recover compensation in your Indiana wrongful death claim, you must show that the death was caused by the wrongful act or omission of another party. For example, you can provide evidence that the other party:
- Acted negligently: Failed to exercise reasonable care, such as driving recklessly or not taking proper safety precautions.
- Behaved recklessly: Acted with a conscious disregard for the safety of others, such as speeding through a school zone.
- Engaged in intentional misconduct: Intentionally acted in a way that resulted in death, such as assault or murder.
This other party does not have to be a person; it could be a business or another organization. For example, a company that manufactures a dangerous drug could face a wrongful death claim if that medicine causes a patient’s death.
Who Can File a Wrongful Death Claim?
In Indiana, the legal right to file a wrongful death claim belongs to the personal representative of the deceased person's estate. Typically, this is a family member who is named in the will, or it may be a person appointed by the court to handle the deceased person’s financial affairs.
The personal representative files the claim on behalf of the beneficiaries, who are usually the deceased person’s spouse, children, or parents. The personal representative may or may not be a beneficiary themselves.
Indiana's Three Wrongful Death Statutes
Indiana has three separate laws that govern the beneficiaries of wrongful death claims. These laws explain who can receive compensation after the death of a family member:
- Indiana Code 34-23-1-1: When the deceased person had dependents (such as a spouse or children), the dependents can recover compensation.
- Indiana Code 34-23-1-2: When an unmarried adult without dependents has died, their non-dependent parents or adult children can recover compensation.
- Indiana Code 34-23-2-1: When the deceased person was an unmarried child under 20 (or under 23 if they were enrolled in a postsecondary educational institution), their parents can recover compensation.
Depending on the relationship between the beneficiary and the deceased person, different types of compensation are available. For example, dependent children are eligible to receive lost earnings, but non-dependent adult children are not.
What Is the Statute of Limitations on Wrongful Death?
The statute of limitations is a legal deadline for filing a lawsuit. This deadline changes depending on the type of lawsuit. It also differs by state.
In Indiana, the statute of limitations for wrongful death lawsuits is two years from the date of the death. If you don’t meet this deadline, your claim could be barred from proceeding.
Exceptions to the Statute of Limitations
While the Indiana wrongful death statute of limitations is two years, there are exceptions to this rule. The following exceptions may give you more time to recover compensation.
The Discovery Rule
The discovery rule may apply if you weren't aware of the wrongful act immediately after the death. It allows the statute of limitations to start from the date you discovered the cause of death, or when you reasonably should have discovered it.
For example, if a loved one died due to a medical mistake but you didn’t find out about the mistake until later, the statute of limitations could begin on the date you discovered the medical error, not on the date of their death.
Tolling of the Statute for Minors
The statute of limitations can be “tolled” (paused) if the person who has the right to file a claim is a minor. This means that if a child experiences the wrongful death of a parent, they have an extension of time to file a claim. The child may have two years after they turn 18 to file a lawsuit.
Fraud or Concealment
The statute of limitations can be extended if there is evidence that the responsible party intentionally concealed information related to the death. The clock on the statute of limitations might start when the fraud is discovered, or when it reasonably should have been discovered.
For example, suppose that the responsible party tried to conceal evidence that implicated them in a person’s death. After this evidence is discovered, the court might rule that the survivors can still file a lawsuit even if it has been longer than two years since their loved one’s death.
Types of Wrongful Death Compensation Available
If a wrongful death claim is successful, you may be entitled to different types of compensation to help your family recover financially and emotionally.
Medical Expenses
The defendant might be required to pay for any medical treatment that the deceased person received before their death. This could include hospital stays, ambulance rides, surgeries, medication, and medical devices.
Funeral and Burial Expenses
The costs associated with the deceased person’s funeral, cremation, or burial may be recovered in a wrongful death lawsuit. These expenses might include a headstone, a casket, a cemetery plot, and funeral services.
Loss of Financial Support
The deceased person’s family can seek compensation for their long-term financial losses. This could include the amount of wages their loved one would have expected to earn throughout their lifetime, along with job-related benefits like health insurance.
It might also include pensions, retirement income, or any other financial contributions the deceased person would have made to their family.
Loss of Services and Support
This compensation covers the value of services and support that the deceased person provided to their family. These services might include household chores, childcare, transportation, meal preparation, errands, or other essential tasks that the deceased person carried out.
Loss of Companionship and Consortium
A wrongful death lawsuit can address the emotional and psychological impact of losing a loved one, taking into account the loss of companionship, love, emotional support, and the special bond that the deceased person had with their family members. It might also include the loss of a parent's guidance and mentorship.
Pain and Suffering
In Indiana, a type of claim called a “survival action” allows certain people to seek compensation for the physical and emotional pain that the deceased person endured before their death.
Contact Stracci Law Group for a Free Consultation
If you’re dealing with the loss of a loved one due to someone else’s negligence, the statute of deadlines will arise sooner than you think. That’s why important to seek legal advice as soon as possible.
When you bring your case to Stracci Law Group, we’ll get to work right away, keeping you informed of all legal deadlines. Contact us today for a free consultation.
