Indiana Wrongful Death Claims and Potential Caps on Recovery

Published: July 17, 2017

Indiana Wrongful Death Claims:

Under Indiana law, when the death was caused by the wrongful act or omission of another, the family or personal representative of the decedent has the right to bring a claim against the individual who caused the unfortunate death. Sometimes it is easier to think of wrongful death cases as a personal injury claim where the injured party has deceased due to the other party's actions.

Indiana has three statutes that specifically cover wrongful death: the Wrongful Death Act, the Child Wrongful Death Act, and the Adult Wrongful Death Act. There are certain circumstances where a cap on recovery is imposed. These statutes are briefly reviewed below.

Under the General Wrongful Death Act statute, a personal representative would need to be appointed to bring an action on behalf of the deceased. Once a personal representative was established the case could be opened and filed. There is no cap on damages under this statute, but the award must be considered reasonable.

Under the Child Wrongful Death Act there is no cap on damages. This statute applies to those who are not married, have no dependents, and are either less than 20 years old or are under 23 years of age and enrolled in certain schooling. A viable fetus would be included in the definition of Child under this statute.

Under the Adult Wrongful Death Act, there is a cap on damages that is imposed. The cap on damages is $300,000. If the individual who has deceased is no longer a child, has no spouse, no dependents, or children they will have this cap imposed.

Experiencing a sudden and surprising death in the family can be very difficult. The attorneys at Vanderpool Law Firm will meet with you one on one to hear all of your concerns about the case. We are a family owned firm who provide more personalized representation of your claim than what the larger firms can. If you have had a loved one killed in an accident give us a call for a free consultation. The law gives you the right to be financially compensated for the damages you and your family have incurred as a result of the death.

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