Indiana Wrongful Death Law FAQs

Frequently Asked Questions About Indiana Wrongful Death Law

Losing a loved one is never easy, and when that loss results from someone else’s negligence or misconduct, the grief can feel even heavier. Indiana law allows surviving families to seek justice and financial relief through a wrongful death claim. At Wilson & Novak, our compassionate legal team helps families understand their rights, hold negligent parties accountable, and pursue the compensation they deserve. Below, we’ve answered some of the most common questions about wrongful death cases in Indiana.

What Is a Wrongful Death Under Indiana Law?

A “wrongful death” occurs when a person dies because of another party’s negligent, reckless, or intentional conduct. Under Indiana Code § 34-23-1-1, a wrongful death claim is essentially a personal injury case that the deceased could have filed had they survived.

Common examples include:

• Fatal car, truck, or motorcycle accidents;
• Workplace or construction site incidents;
• Dangerous property conditions;
• Nursing home neglect or medical errors; and
• Defective or dangerous products.

Each case requires showing that someone else’s wrongful act or failure to act caused the death and that surviving family members suffered losses as a result.

Who Can File a Wrongful Death Claim in Indiana?

The legal right to file depends on whether the deceased was an adult or a minor. For adults, the personal representative of the estate, appointed through probate, must file the lawsuit. The personal representative brings the case on behalf of the surviving spouse, children, or other dependents.

For children, either parent may file the claim, or both parents may file jointly. If the parents are divorced, the custodial parent can file; if both are deceased or their rights have been terminated, the child’s guardian may bring the case.

Understanding who can file is one of the first steps in protecting your family’s rights, and our attorneys at Wilson & Novak can guide you through this process from the beginning.

What Compensation Is Available in a Wrongful Death Case?

Damages vary depending on the relationship between the deceased and the surviving family.

In general, Indiana law allows recovery for:

• Medical and hospital expenses related to the injury or illness that caused the death;
• Funeral and burial costs;
• Lost earnings and benefits the deceased would have provided;
• Loss of love, care, and companionship for spouses and children; and
• Loss of guidance and education for surviving children.

Indiana also places certain limits on non-economic damages in some cases, such as a $300,000 cap for the wrongful death of a non-dependent adult.

How Long Do Families Have to File a Wrongful Death Claim?

Under the Indiana statute of limitations, families have two years from the date of death to file a wrongful death lawsuit. Missing this deadline could result in losing your right to pursue compensation.

If the death involved a government entity, such as a state or city agency, special notice requirements and shorter timelines may apply. Because these deadlines are strict, it’s essential to consult with an attorney as soon as possible after a loss.

How Are Wrongful Death Settlements Distributed?

Indiana law sets clear rules for distributing wrongful death compensation:

• For adults, damages first pay medical, hospital, and funeral expenses. The remaining funds are then divided among the surviving spouse, dependent children, or other dependents.
• For children, damages go to the parents equally if they are married, or to the custodial parent if divorced.
• If there are no dependents, the estate can only recover for funeral and medical costs.

A court may need to approve how the settlement is divided to ensure it’s fair to all eligible beneficiaries.

How Long Does a Wrongful Death Case Take?

Every case is different. Some settle in a few months if liability is clear and insurance coverage is available. Others, particularly those involving multiple defendants or disputed facts, can take a year or longer.

At Wilson & Novak, we focus on keeping clients informed every step of the way. Our attorneys work efficiently but never rush a case at the expense of full and fair compensation. We prepare every claim as if it will go to trial to strengthen our negotiating position.

Why Hire a Wrongful Death Attorney?

While families can technically file a wrongful death claim without legal counsel, these cases often involve substantial evidence, procedural steps, and legal deadlines that can be overwhelming during a time of grief.

A dedicated attorney can:

• Investigate the cause of death and identify liable parties;
• Collect and preserve critical evidence before it’s lost;
• Work with accident reconstructionists and financial experts;
• Handle all communication with insurers and defense attorneys; and
• File your claim within all applicable deadlines.

The team at Wilson & Novak manages these details so you can focus on your family and healing.

What If the Deceased Left a Will?

A will does not prevent a wrongful death claim. It simply determines who serves as the personal representative and how assets, including any wrongful death recovery, are distributed through the probate process. Generally, wrongful death proceeds are not subject to the deceased’s debts and are distributed directly to the beneficiaries. Your Indiana wrongful death attorney can coordinate with the estate’s representative to ensure compliance with all probate court requirements.

Are Wrongful Death Damages Taxable?

In most cases, no. According to IRS rules, settlements or verdicts compensating for physical injury or death are not considered taxable income. However, punitive damages or interest earned on the award may be subject to taxation. Your attorney and tax advisor can help you plan accordingly.

Why Choose Wilson & Novak to represent your family in a wrongful death lawsuit?

At Wilson & Novak, we understand that wrongful death cases are deeply personal. Our firm is built on the belief that families deserve compassion, clarity, and strong advocacy in the aftermath of tragedy. We provide the personalized attention of a small firm, backed by the resources and experience necessary to achieve meaningful results.

We handle every aspect of your claim, from investigating liability to negotiating with insurers to representing you in court if necessary. Our goal is to obtain justice for your loved one while easing the financial and emotional strain your family faces. When you choose our firm, you gain a team committed to protecting your family’s future and honoring your loved one’s memory.

Speak with Our Indiana Wrongful Death Attorneys Today

If your family has lost someone because of another person’s negligence, you do not have to face the legal process alone. Let Wilson & Novak guide you through every step and fight for the compensation your family deserves under Indiana law.

For compassionate support and a free case analysis, please request a free consultation.