Who can File a Wrongful Death Lawsuit in Indiana?

Wrongful death lawsuits arise when a person is killed by another person’s wrongful act or omission. Lawsuits for the wrongful death of a loved one are a relatively new development in our legal system, and historically were not recognized at common law. In order to allow people who lose family members or loved ones to recover, causes of action for wrongful death in Fort Wayne have been created by statute and have special provisions specifying the kinds of damages available and who is able to recover. Anyone who has lost a loved one and believes that someone else may be at fault should consult with an experienced Indianapolis wrongful death attorney. Wrongful death cases can be highly complex and require highly skilled representation. Common kinds of accidents that may give rise to a Hammond wrongful death lawsuit include:

The general Indiana wrongful death statute, found in Indiana Code 34-23-1, allows the personal representative of a decedent to recover if the decedent could have brought a personal injury action against the person who caused their death. There are three distinct statutorily created causes of action for wrongful death; the general Wrongful Death Act (referenced above), the Child Wrongful Death Act, and the Adult Wrongful Death Act. Each act provides for separate causes of action based on characteristics of the decedent and specifies the kinds of damages available.

Wrongful death claims need to be filed within two years and available damages may include:

• Reasonable medical, hospital, funeral, and burial expenses
• Lost earnings
• Costs associated with the administration of the decedent’s estate
• Non-economic damages, such as loss of love and affection or loss of parental guidance and training

Who Can Recover under the Indiana Wrongful Death Act?

Who can recover damages in a wrongful death lawsuit in South Bend depends whether the decedent was an adult with dependents, and adult without dependents, or a child. If the decedent had a spouse, children, or relatives that were dependent on him or her, people within those classes may bring a wrongful death lawsuit. If, however, the decedent was an adult with no dependents, the only people that may recover are parents or children that can prove a “genuine, substantial and ongoing relationship” with the person who died. If the decedent was under 20, or under 23 if still in school, his or her parents may bring a wrongful death suit against the responsible party or parties. Importantly, Indiana law also allows for recovery for the death of a fetus that has achieved “viability.”

If you have lost a loved one as the result of someone else’s negligence, you may be able to recover damages through a Indiana wrongful death lawsuit. It is important to file a claim as soon as possible, due both to the relatively short statute of limitations for wrongful death actions, and also to ensure that evidence favorable to your case is not lost or destroyed.

Anyone who suspects that negligence may have been a factor in the death of a loved one should document as much information about the incident as possible. In addition, avoid making any statements to insurance companies or authorities without first consulting an attorney. Contact our Indiana construction accident lawyer for more information.