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Wrongful death law essentials in Indiana

On Behalf of | Jun 12, 2022 | Personal Injury

Wrongful death laws exist to provide protection to families when someone loses their life because of the negligence or criminal acts of an individual or entity. While there’s no way of reversing the damage done by a wrongful death, Indiana wrongful death laws give protection by helping with the financial burden of the death that the loved ones are left with.

Who files the wrongful death claim?

Since someone has to file the wrongful death action on behalf of the deceased individual, a person must be named the personal representative of the estate to take this legal action. The statute of limitations for wrongful death in Indiana is two years after the person passes away.

The deceased person’s relatives or loved ones are the estate beneficiaries. It is up to the court to decide how the compensation will be divided between beneficiaries if the personal representative wins their wrongful death claim.

In Indiana, the child, spouse, or parent of the person who has passed away can bring a wrongful death claim. If the deceased individual was a minor, it is necessary for both the parents to take part in the filing process.

What damages may be recovered?

Pain and suffering or grief are not typically allowed for recovery in wrongful death cases under Indiana law. The limit on wrongful death damages for unwed adults is $300,000.

Wrongful death recovery in Indiana may cover burial and other funeral costs. It may also be possible to recover benefits and wages that were lost because of the individual’s passing as well as medical and hospital bills. Expenses related to bringing the claim itself may also be covered.