If you have lost a loved one due to someone else’s negligence in Indiana, understanding your legal rights is a critical first step toward justice. This guide covers Indiana’s wrongful death laws, profiles three law firms that handle these cases, and answers the most important questions families face.
Introduction
Losing a family member due to another party’s negligence is devastating. Indiana’s wrongful death framework is strictly regulated in the medical malpractice context, making experienced legal guidance essential to navigate the state’s damage limitations and procedural requirements.
Indiana Wrongful Death Laws
The Indiana Wrongful Death Statute
Indiana’s wrongful death law is governed by Indiana Code § 34-23-1-1. The statute requires the Personal Representative of the deceased’s estate to file the claim.
Who Can File
The Personal Representative of the deceased’s estate must file the lawsuit.
Statute of Limitations
Indiana imposes a 2-year statute of limitations, measured from the date of death.
Recoverable Damages
Indiana allows recovery for loss of support, services, companionship, and funeral expenses. For general wrongful death claims, there are no caps on damages. Medical malpractice wrongful death claims are subject to a hard total cap of $1.8 million (for incidents occurring after July 1, 2019). Claims against governmental entities are subject to separate, more restrictive limits under Indiana’s Tort Claims Act.
Survival Action
Indiana maintains a separate survival action alongside the wrongful death claim.
Top 3 Wrongful Death Attorneys in Indiana
1. Wagner Reese, LLP
Location: Indianapolis, IN (Serving statewide)
Phone: (866) 828-0308
Website: https://wagnerreese.com
Highly respected for complex medical malpractice and catastrophic injury deaths. Because Indiana strictly caps medical malpractice at $1.8 million total, their attorneys are experts at navigating the Medical Review Panel process quickly and efficiently to secure the maximum statutory limits without wasting the family’s time or resources.
2. Cohen & Malad, LLP
Location: Indianapolis, IN
Phone: (317) 636-6481
Website: https://cohenandmalad.com
A massive litigation firm known for class actions and severe personal injury. They are highly effective in uncapped general wrongful death cases – fatal trucking accidents, defective products. They have the infrastructure to quickly appoint a Personal Representative and rapidly dispatch investigators to preserve evidence before the 2-year deadline.
3. Keller & Keller
Location: Indianapolis, IN (Also serving MI and NM)
Phone: (800) 253-5537
Website: https://2keller.com
A dominant force in Indiana motor vehicle and commercial trucking fatalities. Because Indiana allows compensation for the loss of love, care, and affection, Keller & Keller focuses on building a deeply humanizing narrative of the deceased to maximize the settlement value against aggressive commercial insurers.
Frequently Asked Questions
What is the medical malpractice cap in Indiana?
Indiana imposes a hard total cap of $1.8 million on all medical malpractice claims for incidents occurring after July 1, 2019, including wrongful death cases. This cap covers all damages – economic and non-economic combined. Additionally, Indiana requires medical malpractice claims to go through a Medical Review Panel before a lawsuit can be filed in court, which adds time to the process. An experienced attorney will manage the panel process efficiently to preserve the family’s timeline.
Are there caps on general wrongful death claims in Indiana?
No. For wrongful death claims not involving medical malpractice, Indiana imposes no caps on damages. Cases involving commercial trucking, products liability, and general negligence are not subject to statutory damage limitations.
What are the limits for claims against government entities in Indiana?
Claims against Indiana governmental entities – cities, counties, state agencies – are governed by the Indiana Tort Claims Act, which imposes separate and more restrictive compensation limits. Families whose loved ones died due to government negligence should consult an attorney immediately to understand these specific limitations.
What should I do immediately after losing a loved one due to negligence?
Contact a wrongful death attorney immediately. The 2-year deadline runs from the date of death. Preserve all evidence and do not speak with insurance companies before consulting an attorney.
Closing
Indiana’s wrongful death framework provides meaningful remedies for families, but the medical malpractice cap and governmental entity limitations require experienced navigation. The firms listed above have the expertise to maximize recovery within Indiana’s legal structure. If you have lost a loved one due to another party’s negligence, contact one of these attorneys today.
For immediate grief support, contact the National Alliance for Grieving Children at (866) 432-1542.