Who can bring a wrongful death claim in Indiana?
In Indiana, the personal representative for the deceased’s estate is the person who files a wrongful death lawsuit if the deceased is an adult. This is usually the person’s surviving spouse, adult child, sibling, or parent. If the deceased person is a child, one or both parents may file a wrongful death lawsuit.
How long do you have to file a wrongful death lawsuit in Indiana?
Like all civil lawsuits, Indiana wrongful death claims must follow the state’s strict statute of limitations. Under the law, plaintiffs must file their wrongful death claims within two years of the victim’s death.
What is the statute of limitations for wrongful death in Indiana?
Like other personal injury claims, wrongful death lawsuits must be filed within a certain period of time, set by a law called a “statute of limitations.” In Indiana, the filing deadline for a wrongful death claim is two years from the date of the person’s death.
Can you sue a dead person in Indiana?
Learn the rules for suing someone who has died You can still file a lawsuit or collect a judgment even if the defendant has died. It’s conducted by the estate’s “personal representative”–the executor named in the deceased person’s will or, if there is no will, an administrator appointed by the court.
Can a family member file a wrongful death lawsuit in Indiana?
Adult decedents. In many states, the deceased person’s family members are allowed to file a wrongful death lawsuit. But in Indiana, only the personal representative (sometimes called the “executor”) of the deceased adult’s estate is permitted to file a wrongful death claim.
How are damages distributed in a wrongful death lawsuit?
Must be brought by the decedent’s estate for the benefit of the “heirs at law”. The estate is first compensated for bringing the lawsuit, thereafter damages are distributed to the decedent’s heirs by the court; the parties can agree to a distribution of a settlement, but it must be approved by the court.
Can a wrongful death case be filed by more than one person?
If more than one person is eligible to receive damages in a wrongful death case, the court will decide how to split up the total damages award. In a wrongful death claim involving the death of a child, the case must be filed by one or both of the child’s parents.
Can a court award punitive damages in Indiana?
Indiana law prohibits courts from awarding punitive damages, damages for grief, or damages to compensate for the deceased’s future earnings. In addition, the deceased person’s parents or nondependent child must prove that they had a “genuine, substantial, and ongoing relationship” with the deceased in order to recover damages.
What are the damages for a wrongful death lawsuit in Indiana?
Surviving parents (Both parents must file if the child was a minor at the time of the wrongful death incident). The following damages may be available in a wrongful death lawsuit. Keep in mind, Indiana law does not allow recovery for grief or pain and suffering in most cases. There is also a damages limit or cap at $300,000 for unmarried adults.
How old do you have to be to file wrongful death in Indiana?
For the purpose of a wrongful death claim, Indiana law defines a “child” as: an unmarried person without dependents who is younger than 23 years old and enrolled in college, a career and technical school, or other program, or a fetus that has reached viability.
When to see a lawyer for a wrongful death case?
You should speak with a lawyer as soon as possible if you have specific questions about your matter. Wrongful Death Act, General Wrongful Death Statute: Indiana Code 34-23-1-1 (Applies to adults with spouses or dependents) Adult Wrongful Death Act: Indiana Code 34-23-1-2 (Applies to unmarried adults without dependents)
How are damages distributed in a wrongful death settlement?
Damages are paid to the estate, who distributes payments proportionally based on the loss suffered; if there is no will damages are distributed based on an intestacy statute A personal representative has a duty to bring an action on the behalf of the decedent’s surviving spouse, minor children, and parents