Who Can File an Indiana Wrongful Death Lawsuit?

February 10, 2026

• A single death can affect many people, but that doesn’t mean they are all entitled to file a wrongful death lawsuit in Indiana.
• Even if you do have grounds to pursue a claim, you might still have trouble clearing major legal hurdles imposed by the state.
• Fortunately, you can get the help you need after a painful loss from the Indiana wrongful death lawyers at Hensley Legal Group, PC.

Few things are as devastating as the sudden death of a loved one, especially when it’s the totally avoidable result of somebody else’s carelessness. Yet while it’s impossible to bring the person you lost back, you may be able to alleviate the financial burden of an untimely passing in the Hoosier State by pursuing a civil case, but exactly who can file an Indiana wrongful death lawsuit? Read on to learn more about the remedies available to you in the wake of a tragedy.

Not Just Anyone Is Permitted to File

A wrongful death lawsuit is similar to a personal injury lawsuit in that it is initiated to recover economic damages from a defendant who inflicted bodily damages.

However, the damaged party in a wrongful death lawsuit can’t actually initiate it because he or she has died in a manner that is considered “wrongful,” a term that Section 34-23-1-1 of the Indiana Code reserves for deaths “caused by the wrongful act or omission of another.” Nonetheless, certain living parties may still be able to proceed with a suit or claim against the defendant or defendants who may be at fault for the wrongful death, provided that the deceased would have also done so “for the same act or omission.”

But although one life can impact so many others, it’s important to keep in mind that not just anyone is permitted to file a wrongful death lawsuit over the end of that life. In Indiana, this kind of case is generally brought forth by a close family member of the deceased, and who that family member might be is largely determined by the decedent’s age.

If the deceased is a child, which Indiana law defines as:

• An unmarried individual without dependents who’s under age 20;
• An unmarried individual without dependents who’s under age 23 and enrolled in a college, career/technical school, or comparable training program; or
• A viable fetus.

…the suit must be filed by one or both of the parents, the custodial parent in the event of a divorce, or the child’s legal guardian if parental rights have been terminated.

If the deceased is an adult, which is defined as someone 18 or older who doesn’t meet the other criteria for child decedents, the lawsuit has to be filed by the deceased’s personal representative or estate executor – most often the surviving spouse, adult children, or parents.

Consequently, if you don’t fit into one of the above categories, you probably won’t be allowed to file a wrongful death lawsuit in a venue like the Marion County Superior Court, though you could potentially be compensated if you meet the eligibility requirements.

How Your Wrongful Death Lawsuit Could Benefit from Skilled Legal Assistance

Of course, simply being eligible to file won’t guarantee your success, since you may continue to face a number of obstacles, such as the limited window in which you have to act as well as the various constraints and caps imposed on any funds that are awarded. To overcome these obstacles, a grieving family may benefit from the skilled legal assistance of an accomplished practice like Hensley Legal Group, PC, a dedicated Indiana personal injury law firm whose experienced attorneys have been fighting on behalf of the wrongfully injured since 1998.

Once retained, a seasoned Indiana wrongful death lawyer will carry out a thorough investigation to identify each of the defendants who contributed to your relative’s death, then establish valid claims and/or file suit against them within the time allotted by law.

After amassing irrefutable evidence of the defendants’ misconduct, your attorney will enter into fierce negotiations with their insurance companies for a settlement that reflects all of the damages that may apply, including:

• Medical, hospitalization, funeral, and burial expenses
• Lost love and companionship
• Psychological counseling for parents and/or minor siblings
• Punitive damages (if relevant)

And while a wrongful death lawsuit can sometimes reach an amicable conclusion prior to trial, a battle-tested lawyer will be indispensable if your case makes its way to a courtroom, where approximately 96 percent of plaintiffs who choose to represent themselves lose. In contrast, plaintiffs who are represented by attorneys are statistically favored to win and might even manage to secure the resources they need to live lives would make their loved ones proud.

Get in Touch with Our Indiana Wrongful Death Lawyers Now

Hensley Legal Group has been advocating tirelessly for the innocent victims of negligence and their families for more than a quarter century. If you’re struggling to fill the void created by the senseless loss of someone you held dear, get in touch with our Indiana wrongful death lawyers now to start exploring your legal options.

You can call our office at (317) 472-3333, chat with us online, or fill out our contact form to schedule a free case review with a knowledgeable Indiana wrongful death attorney at our firm.