Wrongful Death Laws in Indiana (2026): Deadlines & Who Can Sue

Indiana law lets the family or estate of a person who died because of another's wrongful act bring a claim for the resulting losses. What makes Indiana unusual is that it has not one wrongful death statute but three, and which one applies depends on whether the person who died was married or had dependents, was a single adult with none, or was a child. That choice affects who can sue and what they can recover. This guide explains how Indiana wrongful death claims work, in plain terms. It is general information and attorney advertising, not legal advice.

The deadline to file in Indiana

The deadline to file an Indiana wrongful death claim is generally two years from the date of death. The General Wrongful Death Act, Ind. Code 34-23-1-1, expressly requires the action to be commenced by the personal representative within two years, and the same two-year period is the working deadline across Indiana's wrongful death statutes.

Claims against a government entity are different and far more time-sensitive. Indiana's Tort Claims Act requires a written notice of claim within a limited window before suit (commonly 180 days for a political subdivision and 270 days for the state), so deaths involving a city, county, or state agency need prompt attention. Confirming the right deadline early is essential.

Indiana's three wrongful death statutes

Indiana sorts wrongful death claims into three statutes, and identifying the correct one is the first step.

The General Wrongful Death Act (Ind. Code 34-23-1-1) applies when the person who died left a surviving spouse, dependent children, or dependent next of kin. The personal representative of the estate brings the claim.

The Adult Wrongful Death Statute (Ind. Code 34-23-1-2) applies to an adult person under the statute: an unmarried individual with no dependents who was not a child, or, since a 2022 amendment (P.L. 162-2022), a married individual with no dependents whose death was caused by their own spouse. The personal representative files, and this statute carries the $300,000 cap discussed below.

The Child Wrongful Death Statute (Ind. Code 34-23-2-1) defines a child as an unmarried individual without dependents who was under 20, or under 23 and enrolled in a postsecondary educational institution or a career and technical education program. The definition also includes a fetus that has attained viability, and the statute does not apply to an abortion performed in compliance with Ind. Code 16-34.

The "without dependents" element matters. A young decedent who had a dependent is not a child under this statute, and because the Adult Wrongful Death Statute also reaches only people with no dependents, that death falls under the General Wrongful Death Act instead. A child claim is brought by the parents jointly, the custodial parent, or a guardian, rather than by the estate.

Who can file a wrongful death claim in Indiana

Who files depends on the statute. Under the General and Adult Wrongful Death statutes, only the personal representative of the decedent's estate may bring the claim, acting on behalf of the statutory beneficiaries. Under the Child Wrongful Death Statute, the action is maintained by the father and mother jointly (or either of them), by the custodial parent in the case of divorce, or by a guardian. Determining the right statute and the right filer is a threshold question an attorney addresses at the outset.

Wrongful death versus a survival action

Indiana also recognizes a survival action under Ind. Code 34-9-3, which is separate from the wrongful death statutes. A survival action continues the claim the decedent could have brought for injuries suffered before death, including pre-death pain and suffering, where the death was caused by something other than those injuries. A wrongful death claim, by contrast, compensates the survivors for the losses the death caused them. Indiana law generally requires a party to recover under one theory or the other rather than both, so choosing the correct claim matters.

Damages you can recover

What is recoverable depends on which statute applies. Under the General Wrongful Death Act, damages can include reasonable medical, hospital, funeral, and burial expenses, the decedent's lost earnings, the loss of the decedent's services, and the loss of love and care to a surviving spouse and dependent children. There is no $300,000 cap under this statute.

Under the Adult Wrongful Death Statute, recoverable damages include reasonable medical, hospital, funeral, and burial expenses, the costs of administering the estate (including attorney fees), and loss of the adult's love and companionship. This statute does not allow evidence of the adult's lost earnings, and the loss-of-love-and-companionship damages are capped.

Under the Child Wrongful Death Statute, damages can include the loss of the child's services, the loss of the child's love and companionship, health care and funeral expenses, counseling expenses for surviving parents or minor siblings, certain uninsured debts of the child, and the cost of administering the child's estate.

Caps on damages in Indiana

Indiana's most important cap is in the Adult Wrongful Death Statute. Ind. Code 34-23-1-2 limits damages for loss of love and companionship to $300,000 in the aggregate for an adult person under the statute: an unmarried individual with no dependents, or, since a 2022 amendment, a married individual with no dependents whose death was caused by their own spouse. This single cap is the reason it matters so much which statute applies, because the General and Child Wrongful Death statutes are not subject to that $300,000 limit on loss-of-companionship damages.

Separately, Indiana caps total recovery in medical-malpractice cases under its Medical Malpractice Act, which applies to a wrongful death arising from covered malpractice regardless of which wrongful death statute supplies the cause of action. An attorney can confirm whether any cap applies to a specific case.

Punitive damages

Punitive damages are generally not recoverable under Indiana's wrongful death statutes, which are designed to compensate the survivors and the estate rather than to punish. The availability of any punitive component depends on the facts and the legal theory pursued, so it is best assessed case by case with counsel.

How fault affects the claim

Indiana applies modified comparative fault under Ind. Code 34-51-2 to most negligence claims. The recovery is reduced by the decedent's percentage of fault, and recovery is barred if the decedent was more than 50% at fault. Different fault rules can apply to claims against governmental defendants, so the precise rule depends on who is being sued.

How proceeds are distributed

Distribution follows the statute that applies. Under the General Wrongful Death Act, amounts for medical and funeral expenses go to the estate to pay those costs, and the remainder goes to the surviving spouse and dependent children or dependent next of kin. Under the Adult Wrongful Death Statute, the recovery (after expenses) benefits a nondependent parent or nondependent child. Under the Child Wrongful Death Statute, loss-of-companionship and services damages go to the parents or guardian according to their losses. A survival recovery belongs to the estate and passes under the will or Indiana intestacy law.

How to move forward

If you have lost a family member to someone else's wrongful act, practical early steps help protect a possible claim. Preserve the death certificate, medical and accident records, and proof of the decedent's earnings and the family's losses, and identify who will serve as personal representative. Because the general deadline is two years (and far shorter for government claims), and because the correct Indiana statute affects both who files and what is recoverable, speaking with a licensed Indiana attorney promptly is important. Most wrongful death attorneys offer a free consultation and work on a contingency basis, meaning no upfront fee and payment only out of any recovery. No outcome can be promised, and this article is general information, not legal advice, and does not create an attorney-client relationship.