Wrongful Death Damages in Indiana

• While compensation may be available to ease the financial burden of an unexpected death in Indiana, there are significant limits on who can pursue wrongful death claims in the state and the damages they can receive.
• Generally, the expenses for medical, funeral, and other services related to the wrongful death will have to be reimbursed first, and the deceased’s age will largely determine how the remaining damages are distributed.
• To help recover the Indiana wrongful death damages that you deserve, contact Hensley Legal Group, PC, which has had proven success with death and injury cases, such as $25 million* for a collision with an ambulance.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

The sudden death of someone you love is among the most devastating events imaginable, and it can be even more devastating when it is the completely avoidable consequence of someone else’s recklessness.

Fortunately, you may be able to ease some of the financial burden of an unexpected loss in Indiana with a wrongful death lawsuit or claim, although the state heavily constrains who can pursue wrongful death cases as well as the damages available to them. To tip the odds in your favor, consider getting in touch with the skilled wrongful death lawyers at 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 and which has a proven history of success with death and major injury cases, including:

• $25 million* for a collision with an ambulance.
• $8 million for a delivery truck crash.
• $4.25 million for a pedestrian accident.

Hensley has also been named one of the Best Law Firms in the United States by Best Lawyers®, while its attorneys have earned inclusion in the Million Dollar Advocates Forum, Super Lawyers, America’s Top 100 Attorneys, and the National Trial Lawyers’ lists of the Top 100 Trial Lawyers and the Top 40 Under 40.

As honored as we are by accolades like these, we’d be equally honored to get the chance to get you justice, so please call us at (317) 472-3333, chat with us online, or fill out our contact form now for a free case review with one of our knowledgeable Indiana wrongful death attorneys.

*SPECIFIC CASE RESULTS. NO TWO CASES ARE EXACTLY ALIKE.

Are You Eligible to Seek Wrongful Death Damages in Indiana?

Indiana’s Wrongful Death Statute categorizes a death in the state as “wrongful” if it is “caused by the wrongful act or omission of another.” When that happens, a wrongful death lawsuit may be filed or a claim may be initiated by the “personal representative” of the decedent, assuming that the decedent might have done the same “for the same act or omission.”

Yet while the death of one individual can impact countless others, very few of them are eligible to seek wrongful death damages in Indiana. These kinds of actions are usually taken by close family members in partnership with Indiana wrongful death lawyers, and exactly who they are will largely be a function of the age of the deceased.

If a child dies wrongfully in Indiana, the parents will generally file suit, although a lawsuit might be filed by the parent with custody alone if the parents are divorced or by a legal guardian if the parents themselves have died or their parental rights have been terminated.

If the decedent is an adult, the personal representative will probably be somebody who has been authorized by a will or a probate court to act legally on behalf of the estate, a duty that is most frequently though not necessarily fulfilled by a surviving spouse, adult child, or parent.

Regardless of who the personal representative is, any wrongful death lawsuit or claim must ultimately benefit those who are eligible to recover damages under the Indiana Wrongful Death Statute, which may or may not include the representative, and these damages aren’t boundless.

Sec. 34-23-1-1 of the Indiana Code states that “damages shall be in such an amount as may be determined by the court or jury, including, but not limited to, reasonable medical, hospital, funeral and burial expenses, and lost earnings of such deceased person” resulting from the wrongful death.

Moreover, certain parties can only be awarded damages for certain losses, typically according to a set schedule, and there may be hard ceilings placed on some of the damages too.

Designated Order for Receiving Damages

Indeed, there is a clearly designated order in which various claimants can receive wrongful death damages in Indiana, and creditors are at the head of the line.

Like after any sort of death, a decedent’s estate may have sizable debts attached to it. With this in mind, the Indiana Wrongful Death Act stipulates that funds will have to be reserved to take care of debts directly related to the death before the deceased’s heirs can receive anything. Specifically, “[t]hat part of the damages which is recovered for reasonable medical, hospital, funeral and burial expense shall inure to the exclusive benefit of the decedent’s estate for the payment thereof.”

After those debts have been addressed, the “remainder of the damages, if any, shall…inure to the exclusive benefit of” the following potential beneficiaries in the following order:

1. The widow or widower, “as the case may be”;
2. Dependent children, “if any”; and
3. Dependent next of kin.

Whatever wrongful death damages there are for these beneficiaries are “to be distributed in the same manner as the personal property of the deceased.”

If, on the other hand, the decedent didn’t have any dependent beneficiaries, the wrongful death damages would “inure to the exclusive benefit of” a number of other parties, such as:

• Those who provided hospital, medical, or surgical services for “the last illness or injury”;
• The funeral director or funeral home for funeral and burial services; and
• The personal representative for “reasonable costs and expenses of administering the estate and prosecuting or compromising the action, including a reasonable attorney’s fee.”

It should be noted that this is merely a broad overview of how an Indiana wrongful death settlement or verdict may be calculated and disbursed, but the identities of the beneficiaries will mostly be a function of the age of the decedent, as will the benefits that they can – and can’t – receive.

Differences Between Child and Adult Wrongful Death Cases

The differences between child and adult wrongful death cases in Indiana can be quite significant, and it’s critical to understand them if you want to be fairly compensated.

For a child wrongful death case, damages may be recovered for:

• Medical, hospital, funeral, and burial costs, estate administration expenses, and other outstanding debts, to be earmarked for repayment;
• Reasonable costs of counseling for parents and/or minor siblings; and
• Loss of the love, companionship, and services of the child (up to the age the child would have attained adulthood or the death of the last surviving parent, whichever comes first).

As for who can recover these damages, the beneficiaries will be (in order):

1. The parents jointly, if both had custody;
2. The custodial parent or grandparent and “the noncustodial parent of the deceased child as apportioned by the court according to their respective losses”; or
3. The custodial grandparent if there are no surviving eligible parents.

Any parent or grandparent “who abandoned a deceased child while the child was alive,” however, will be prohibited from recovery.

For an adult wrongful death case in which the decedent had dependents (defined as a spouse, dependent child, or dependent next of kin), the dependent beneficiaries may recover damages for:

• Funeral, burial, medical, and hospital bills, to be repaid by the estate;
• Cessation of economic support from the decedent; and
• Loss of love, affection, training, guidance, and care.

But for an adult wrongful death case in which the decedent had no dependents, damages may only be recovered for:

• Medical, hospital, funeral, and burial costs, to be paid to the providers to whom they are due; and
• Loss of the deceased’s love and companionship – capped at $300,000.00.

Additionally, the heirs of an adult without dependents are not entitled to punitive damages or damages for grief. In fact, an adult decedent’s parents or children will have “the burden of proving… a genuine, substantial, and ongoing relationship with the adult person” to qualify for any damages whatsoever.

Other Restrictions on Indiana Wrongful Death Damages

Those aren’t the only restrictions on Indiana wrongful death damages either, since they may be further curtailed by the blame the decedents might share for the deaths.

Any plaintiff in Indiana “is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages,” thanks to the state’s comparative fault laws, and wrongful death litigation is no exception.

As such, an Indiana wrongful death case may not be viable if the deceased is more than 50 percent at fault for his or her own death. If the deceased is 50 percent or less at fault, the case may still proceed, but the award will likely be reduced in proportion to the degree of fault.

Another serious restriction is the ceiling imposed on Indiana wrongful death claims arising from medical malpractice, where “the total amount recoverable for an injury or death of a patient may not exceed… $1,800,000.00 for an act of malpractice” (IC Sec. 34-18-14-3).

Although $1.8 million may seem like a lot, it might actually end up being less than the cost of the treatment needed to combat the negative effects of malpractice in some instances, not to mention the long-term costs a family may have to endure if the decedent was its primary breadwinner.

As you can see, obtaining the wrongful death damages you deserve isn’t always a simple process, but no obstacle has to insurmountable when you have the seasoned Indiana wrongful death lawyers at Hensley Legal Group, PC by your side.

How Hensley Can Help

If you become one of the many Hoosiers every day who choose to hire Hensley, our Indiana wrongful death attorneys will move swiftly to unearth the root causes of the wrongful death and the defendants who may be responsible for it.

Our firm will then establish valid claims and/or file suit against each of the defendants within the time allotted by law while simultaneously ensuring that every legal requirement associated with setting up the deceased’s estate and appointing its personal representative is satisfied.

After amassing compelling evidence linking your loved one’s passing to misconduct on the part of the defendants, our Indiana wrongful death lawyers will negotiate tirelessly with their insurers for a settlement that reflects the full extent of the damages you have incurred.

Indiana law may curb how much can be dispensed to you and other beneficiaries in the wake of this tragedy, but you can rely on Hensley’s tenacious Indiana wrongful death attorneys to do everything in their power to get you the maximum amount of compensation possible.

Turn to Our Indiana Wrongful Death Lawyers

Hensley Legal Group has been fiercely advocating for the innocent victims of negligence for nearly thirty years. If you are struggling to get back to normal after losing someone dear to you because of the thoughtless acts of a thoughtless actor, turn to our Indiana wrongful death lawyers to learn more about your legal options.

You can schedule a complimentary consultation with an accomplished Indiana wrongful death attorney by calling us at (317) 472-3333, chatting with us online, or filling out our contact form today.

Frequently Asked Questions

Can I file an Indiana wrongful death lawsuit?

When a death in Indiana is “caused by the wrongful act or omission of another,” the personal representative of the deceased may be eligible to file a wrongful death lawsuit.

However, your ability to fill that role may hinge on the deceased’s age and the relationship the two of you shared. Most often, suit will be filed by a close family member, such as a parent or guardian for a child decedent or a surviving spouse, adult child, or parent when an adult is killed.

Who is entitled to wrongful death damages?

Once again, the deceased’s age will largely determine who is entitled to wrongful death damages. For a child, the beneficiaries may be one or both parents or possibly a custodial grandparent.

For an adult, the beneficiaries might include the surviving spouse, dependent children, or dependent next of kin. If there are no dependents, the decedent’s non-dependent children and/or parents might be entitled to damages, along with various providers and the personal representative.

When can I receive wrongful death damages?

Different claimants may receive different wrongful death damages at different times, but those who are owed money tend to be at the head of the line.

As such, the estate will generally have to pay outstanding medical, hospital, funeral, and burial expenses out of a wrongful death settlement or verdict before the remainder of the funds can be disbursed to the deceased’s heirs.

What damages are available for a child’s wrongful death?

For a child’s wrongful death in Indiana, a variety of damages may be available to creditors and qualified beneficiaries.

The most typical damages are medical, hospital, funeral, burial, and estate administration expenses, the reasonable costs of counseling for parents and minor siblings, and the loss of the love, companionship, and services of the child.

What damages can be awarded for the wrongful death of an adult?

If an adult decedent had dependents, damages may include funeral, burial, medical, and hospital bills as well as the loss of love, affection, training, guidance, care, and economic support.

But if there were no dependents, damages may only be recovered for the debts to be repaid by the estate and for lost love and companionship, which is to be capped at $300,000.00 and may require the claimants to prove a “genuine, substantial, and ongoing relationship” with the deceased.