Indiana Wrongful Death Lawyers

Key Takeaways:

  • Indiana maintains three separate wrongful death statutes, and the applicable one determines who may file a claim and how much a family can recover.
  • Indiana generally requires a wrongful death claim to be filed within two years of the date of death, with few exceptions.
  • Elkhart County sits along the Indiana Toll Road and several other major routes, where fatal crashes involving trucks and passenger vehicles remain a leading cause of wrongful death claims.

Indiana wrongful death lawyers handle claims filed under one of three separate state statutes, each of which shapes who can recover money and how much the law allows. A general statute applies when the deceased leaves a spouse or dependents, while separate statutes cover unmarried adults without dependents and children, each carrying its own rules on damages and who may file.

Indiana recorded 6,474 injury deaths in 2023, according to the Indiana Department of Health, a toll that includes many of the same crashes, falls, and safety failures that lead to wrongful death claims across the state. Our legal team at Wilson & Kinsman, LLC evaluates which statute applies; we gather evidence and calculate damages that reflect the full loss a family has suffered.

What Qualifies as Wrongful Death in Indiana?

“Wrongful death” in Indiana occurs when a person dies because of another party’s negligence, recklessness, or intentional act, in situations where the deceased could have filed a personal injury claim had they survived. A distracted driver who runs a red light and fatally strikes another car is a common example. Other cases arise from medical malpractice, defective products, and unsafe conditions on someone else’s property.

Indiana’s Wrongful Death Statutes

Which statute applies depends on the age of the person who passed and their family situation:

  • General Wrongful Death Statute: Covers adults with a spouse or dependents; allows broad recovery with no damages cap.
  • Adult Wrongful Death Statute: Covers unmarried adults without dependents; caps loss-of-companionship damages at $300,000.
  • Child Wrongful Death Statute: Applies to minors; allows parents to recover for lost companionship and counseling costs.

Who Can File a Wrongful Death Claim in Indiana?

Only the personal representative of the deceased person’s estate can file a wrongful death lawsuit in Indiana, not an individual family member acting alone. That representative is typically appointed through probate court in the county where the deceased lived, such as the Elkhart County Courthouse in Goshen. For a child’s death, Indiana law instead lets a parent or legal guardian file the claim directly.

Damages Your Family Can Recover

A surviving spouse or dependent may recover medical and funeral expenses, lost financial support, and loss of love and companionship. “Punitive” damages are not available in any Indiana wrongful death case, limiting recovery to “compensatory” losses.

Indiana’s Filing Timeline and Statute of Limitations

Indiana law generally requires a wrongful death claim to be filed within two years of the date of death, and Indiana courts have applied this deadline strictly. Missing that window, even by a single day, can end a family’s right to recover compensation altogether.

How Wilson & Kinsman, LLC Supports Grieving Families

Losing a loved one to someone else’s negligence is devastating, and no family should face it alone. Wilson & Kinsman, LLC investigates the crash, fall, or failure that took a loved one’s life, gathers police reports and medical records, and identifies which Indiana statute applies. Our firm calculates damages, including lost income and loss of companionship, and negotiates with insurers or litigates when needed — serving families throughout Elkhart, South Bend, and Goshen.

Common Causes of Wrongful Death Claims in Elkhart County

Fatal crashes along the Indiana Toll Road and Route 33 rank among the most common causes of wrongful death claims filed in Elkhart County. Workplace accidents at the area’s manufacturing plants and medical negligence at area hospitals also account for a share of these claims each year.

Wrongful Death Claims Against Government Entities in Indiana

An Elkhart wrongful death lawyer often flags a shorter deadline when a case involves a government entity, such as a city-owned vehicle or a county road crew. Indiana law requires written notice within 180 days of the death, well before the standard two-year deadline would otherwise expire.

How Comparative Fault Can Affect a Wrongful Death Claim

Indiana follows a “modified comparative fault” rule, which can reduce or eliminate a wrongful death recovery if the deceased is found partly responsible for the incident. A jury that assigns 51% or more of the fault to the deceased bars the family from recovering any compensation, while a smaller share of fault reduces the award proportionally.

The Difference Between a Wrongful Death Claim and a Survival Action

A “wrongful death claim” compensates the family for their own losses, while a separate “survival action” allows the estate to recover for the pain, suffering, and medical costs the deceased experienced between the injury and death. Indiana law permits both claims to proceed together in many cases, since each compensates a different type of loss.

Frequently Asked Questions (FAQs):

Can a family recover punitive damages in an Indiana wrongful death case?

Indiana law generally does not allow punitive damages in wrongful death claims, limiting recovery to compensatory losses such as medical costs and lost support.

Does a wrongful death claim require a criminal conviction first?

A wrongful death claim does not require a criminal conviction, since it is a separate civil case decided under a lower burden of proof.

Can more than one family member receive compensation from a single claim?

More than one family member can receive compensation from a single wrongful death claim, with a judge or jury dividing the award among eligible dependents.

A Family’s Loss Deserves More Than a Generic Answer. Our Assertive Indiana Wrongful Death Lawyers at Wilson & Kinsman, LLC Can Help You Pursue Fair Compensation

For compassionate legal help during this challenging time, contact our Indiana wrongful death lawyers at Wilson & Kinsman, LLC. Call 574-522-1900 or book online now for your free consultation. With office locations in Elkhart and South Bend, Indiana, we proudly serve clients in the surrounding areas.

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Testimonials

Read what our former clients have to say:

Honest and professional

I was charged with an OWI in Elkhart County and Eric was my first call. He was very helpful and personable throughout the entire process. I certainly appreciated his honesty and professionalism. Eric is definitely well experienced in handling these matters. Thanks to his help and guidance, we were able to have all of our necessary steps done before going to court that helped to retain driving privileges. The judge even remarked at how well the case had been managed during the hearing. With Eric’s help, I was able to obtain specialized driving privileges very promptly. I am still able to tend to my life’s responsibilities and my work. I would highly recommend Eric to anyone else needing help with OWI/DUI charges.

anonymous

Incredibly thankful

I would like to first give thanks to Eric Kinsman for all he has done for me. I got a criminal mischief charge and was facing a year in jail, this is because I have a past that didn’t look good on me. The prosecutor was determined to get me jail time which gave me high stress, it’s been a long 6 months. What Eric did behind the scenes was incredible not only did he keep me informed on everything the whole time dealing with this case, he also managed to talk the prosecutor into giving me good behavior for a year. I didn’t think there was a chance in the world to make this happen but with the great knowledge he carries he seen things most would have not in this case. He was determined to keep me out of jail and off papers. I’m incredibly thankful to have chosen him as my attorney in this case.

N.W.

A man of utmost integrity

Tom is very kind and personable. He is a great attorney to work for and work with. He is a man of the utmost integrity and is forthright in his practice. I would confidently recommend his legal services to any person I cared about.

Kayla Christofeno

5 stars from start to finish

5 Stars from start to finish – Tom is real and knew exactly what to do to navigate through the obstacles and achieve the best outcome in my case. He got it done, well-done, but more importantly, time and again, Tom and his team demonstrated that they possessed the empathy, foresight, professionalism, and organizational capability to make the difference I needed as they managed my case to a successful conclusion. The team at Wilson Law were attentive and supportive, the terms were fair and affordable, the relationship was forthcoming and they enabled me to confidently understand and manage my own role in my own case.

M.L.

Eternally grateful to Eric Kinsman and his staff

Eric Kinsman is a kind, professional, and compassionate lawyer who saved our lives when we were falsely accused. We were terrified, confused, and stunned by the situation and he gave us guidance and help in the most stressful moment in our lives. He knows how to break down the game plan in easy to understand language so you know what is going to happen and you don’t feel disconnected or unsure of what is happening. He is very talented and knowledgeable and knows how to work with the prosecutor and really help his clients through the whole process. You’re not a number in Eric’s office – you’re a person and his staff treats you that way too. I will be eternally grateful to Eric Kinsman and his staff and their kindness and compassion.

L.M.

Fought my case relentlessly

This law firm fought my case relentlessly for two years to get the settlement that I was seeking.

C.A.

Went out of their way to help me with my case

Tom Wilson and his team went out of their way to help me with my case. I had different attorneys throughout the 4.5 years, Tom and the team picked up and finished my case at awesome time. Thank you Tom and your team are very awesome!!!!!

L.S.