The loss of a loved one can leave families suffering and facing financial strain. In Indiana, the law allows certain individuals to pursue compensation through a wrongful death claim.
Who can file a wrongful death claim in Indiana?
The personal representative
In Indiana, the personal representative of the deceased person’s estate can file a wrongful death lawsuit. This person is often named in a will or appointed by the court if no will exists. Although the representative files the claim, any compensation awarded is for the benefit of surviving family members or dependents.
People who may receive damages include:
- A surviving husband or wife
- Children who depended on the deceased
- Other dependent relatives
- Parents, if the deceased was a child
Different rules apply, depending on whether the person who died was an adult or a child.
What if the person who died was a child?
If a child is wrongfully killed, the parents typically have the right to file the claim. If the parents are not married, the parent with legal custody has the right to file. If there are no surviving parents, a court-appointed guardian may bring the claim.
Indiana classifies a “child” as someone under 20, or under 23 if enrolled in a college or technical program. This also includes a viable unborn child.
What compensation is available?
Compensation may include costs for medical care, funeral services and loss of financial support. Family members may also receive damages for the loss of companionship and services the deceased would have provided.
Each case is unique, and the amount of potential compensation depends on the specifics of the case. Before filing, it’s important to seek legal guidance.
